### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OFTHE PETITION FOREXEMPTION OF: BROOME

- TIOGA BOCES FOR AN EXEMPTION SEEKING RELIEF FROMTHE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(A) & 

### (B), 91 .7(A), 91.9(B)(2), 91.103, 91
. 109, 91.119, 91.121, 91.151(B), 91.203(A) & 

### (B), 91.405{A), 91.407(A)(l), 91.409(A)(l) & 

### (A)(2), and 91.417{A) & (B) 

### CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF2012 (PUBLIC LAW 112

-95)SUMMARY The Broome

- Tioga Board ofCooperative Educational Services ("BOCES") seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.15l(b), 91.203(a) & (b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Actof2012 (FMRA). This exemption will permit BOCES to operate an Unmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video and photography ofpublic school districts and landscapes within certain areas ofthe United States. 

### BACKGROUND The Broome-Tioga Board ofCooperative Educational Services (BOCES) is one of37 such entities located around New York State, each functioning as an extension ofthe local school districts and as a liaison between those districts and the State Education Department. The BOCES system is designed to allow school districts to share the cost ofcertain educational and administrative services. Broome

-Tioga BOCES is organized and maintained pursuantto Article 40 ofthe Education Law, and 

### it currently serves 15 school districts in Broome and Tioga Counties. Broome-Tioga BOCES fulfills a unique role as a regional educational service agency, helping schools and the greater community meetthe needs oftoday and prepare for the challenges oftomorrow. The Broome-Tioga BOCES proposes to have a service in place for its 15 "component" school districts which it serves to:
• provide aerial video and photography for promotional, historical documentation and educational use by these school districts.The requested exemption would permit the operation ofsmall Unmanned Aircraft Systems (UAS) in the National Airspace which would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircra ft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to"
.... establish requirements for the safe operation ofsuch aircraft systems in the nationa l airspace system
."


### BASIS FORPETITION Broome-Tioga BOCES, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. 

### § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules for Certain UnmannedAircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for
an exemption from the requirements of 14 C.F.R 

### §§ 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.15l(b), 91.203(a) 

### & (b), 9l.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). ln consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Broome-TiogaBOCES's 

## onPhantom 3 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. Accordingly, B-T BOCES requests relieffrom Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sect ions set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate

.B

-T BOCES submits that the requested reliefis proper since an equivalent level ofsafety will be ensured. BOCES will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, B-T BOCES will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relieffrom certain requirements ofSection 61.113(a) and (b), entitled Privatepilot privileges andlimitations: Pilot in command , is requested by Broome

-Tioga BOCES to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. B

-T BOCES seeks relieffrom Section 91.7(a), enti tled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate 

### in accordance with 14 C.F.R. Part 21, Subpart H. As such, BOCES submits that it will ensure thatthe DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft is in a condition for safe flight. B-T BOCES also seeks an exemption from the requirements ofSection 91.121, entitled AltimeterSettings, as the DJI Phantom 3 UA 

### will not have a typical baromet ric altimeter onboard. However, altitude information ofthe DJI Phantom 3 UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link,which downlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with B-T BOCES operation ofthe DJI Phantom 3 UAS within visual line ofsight, at or below400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, BOCES seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirements for flight in VFR conditions
. BOCES submits that safety will not be affected by operation ofthe DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR). The Broome-Tioga BOCES further seeks an exemption from the preflight action, flight instructions, minimum safe altitudes, flight altimeter, and maintenance requirements set forth in 14 C.F.R. 

### § 91.103, 91.109, 91.119, 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). In accordance with 14 C.F.R
. 

### § 11.81, BOCES provides the following information in support ofits petition for exemption: Name And Address OfThe Petitioner
. The name and address ofthe Petitioner and point ofcontact is: Broome-Tioga BOCES 435 Glenwood Road, Binghamton, N.Y
. 13905 Point(s) ofContact: Allen Buyck, District Superintendent, abuyck@btboces.org Doug Titus, Supervisor, Office ofCommunications and Development, Flight Supervisor, dtitus@.btboces.org This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333 (a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the nat ional airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determina tion, the Secretary is required to determine which types ofsUASs do not create a hazard to users ofthe NAS or the public orpose a threat to national security in light ofthe following:
• The sUAS's size, weight, speed, and operational capability;
• Operation ofthe sUAS in close proximity to airports and populated a reas
• Operation ofthe sUAS within visual line ofsight (VLOS) ofthe PIC Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." Id. §333(c). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §401 01 ofthe Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from the requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title if the Administrator fmds the exemption in the public interest. 49 U.S.C §44701(t) See also 49 USC §44744(a); 49 USC §447041 14 CFR §91.203 (a) 

### (I).
AIRCRAFT AND EOUIV ALENT LEVEL OF SAFETY
The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:l. The small UAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/or observer. 3. Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve 4. Flights will be operated at an altitude ofno more than 400 feet Above Ground Level (AGL).5. Minimum crew for each operation will consist ofthe small UAS Pilot in Command (PIC), the Visual Observer (VO) when needed and may include but not limited to a Camera Operator. 6. sUAS Pilot/"Operator" will be Pilot in Command (PIC). Ifthe Pilot/"Operator" deems another "Pilot/"Operator" " to be qualified with the necessary skills to be the "Pilot/"Ope rator", thatperson can also be designated as "Pilot/''Operator" "provided they have a minimum of40 hours offlight time with the sUAS
. 7. A briefing will be performed regarding the planned small UAS operations prior to each day's flight consisting ofall the days' production activities. 8. The PIC will obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within I00 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required under the FOM. With the advanced permission or direction ofthe FSDO, operations at closer range may be approved
. 9. The PIC and VO will have been trained in operation ofsmall UAS and receive up-todate information for the particular small UAS to be operated and will be able to show upon request their competent ability to operate the small UAS and/or Camera.10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. II. Written and/or verbal permission and permits will be obtained from territorial, state, county or cityjurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed
. 12. Ifthe small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre-determined location within a designated location and land autonomously. 13. The small UAS will have the capability to abort a flight in case ofunpredicted obstacles, weather, or emergencies.
14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.
Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as
a pilot in command ofan aircraft that is carrying passengers or property for compensation or hire and (b) A private pilotmay, for compensation or hire, act as PIC ofan aircraft in connection with any business oremployment if-- (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation orhire. As the DJI Phantom 3 used by BOCES does not carry any pilots or passengers nor property therefore BOCES seeks an exemption to 14 CFR 61.113(a) and 14 CFR 61.113(b). The FAA has previously granted relieffrom Section 6l.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,11065,11066, 11067,11080,11109,11110,11112,11136,11138,11150,1 1 153,11156, 11158,11159,11160, 11161).

### 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness

. Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. Should this exemption be granted, there will be no airworthiness certificate issued for the DJI Phantom 3
. Prior to each flight, BOCES will maintain that the UAS is in an airworthy condition based upon the UAS's compliance with its operatingdocuments and as stated in the conditions and limitations herei n . 

### 14 C
.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in 

### the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft
... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapt er, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combinationthereof. The small DJI Phantom 3, given its size and configuration has no ability or place to carry such a flight manual
on the aircraft, not only because there is no pilot on boa rd, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafety will be maintained by BOCES bykeeping the flight manual atthe ground control point where thepilot flying the small UAS will have immediate access to it. 

### 14 C.F.R. § 91.103: Preflight Action
. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight.

### 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. Small UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. 

### 14 C.F.R. §91.119: Minimum SafeAltitudes. Section 91
. 119 establishes safe altitudes for operation ofcivil aircraft. Section 91
. 119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters bythe FAA. As this exemption is for a small UAS that is a quadcopter and the exemption requests authority to operate at altitudes up to 400 above ground level, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 above ground level with the exception that in circumstances where the small UAS is used to photograph a structure which height exceeds 400 feet AGL, the small UAS will not be operated
more than I00 feet above the highest point on the structure. Itwill howeverbe operated in a restricted area with security perimeter, where buildings andpeople will not be exposed to operations without their consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice tothe property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. 

### 14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "
.. . to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJJ Phantom 3 UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA tothe GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with Broome-Tioga BOCES's operation ofthe DJI Phantom 3 UA within visual line ofsight, at orbelow 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. 

### 14 C.F.R. § 91.15l(b): Fuel Requirements for Flight in VFR Conditions Section 91.151 (b) prohibits an individual from beginning "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 ofintended landing, and, assuming normal cruising speed

- (I) Duringthe day, to fly after that for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes. " Broome

-Tioga BOCES will ensure that it will safely operate the battery powered DJl Phantom 3 UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.Furthermore, safety will be ensured as the 

## onPhantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring atapproximately 33%remaining battery power.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 91
.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate
.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The small DJI Phantom 3 fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certificati on and registration documents or to display them on the small UAS. These documents will be kept at the ground level where the pilot flying the small UAS will have immediate access to them; to the extent they
are applicable to the small UAS. 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis partand shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 of this chapter
...," and others shall inspect or maintain the aircraft in compliance with Part 43
. As stated, these sections only apply to aircraft which has anairworthiness certificate. As such, thesesections do not apply to this exemption request. The operator and pilot-in-command will achieve the level ofsafety required in the above regulations by performing maintenance inspections pursuant to the operating manual prior to each flight. A log will also be kept detailing any maintenance performed. A copy ofthe manual for the Dn Phantom 3 has been attached to this exemption request. Please do nothesitate to contactBroome

-Tioga BOCES with any questions related to this ma tter.

Dated:

**October~** 2015 Respectfully submitted,

Allen Buyck District Superintendent Broome-Tioga BOCES 435 Glenwood Road, Binghamton,N.Y. 13905 

# fof!!l;:

Office ofCommunications and Development Broome-Tioga BOCES 435 Glenwood Road, Binghamton, N.Y. 13905