UASolutions Group, Inc. 2518 Auburn Drive, Cocoa FL 32926 Tel: (321) 261

- 2547

Kelly n eubecker@uasolutionsgroup.com

Ju ly 14, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140
1200 New Jers ey Avenue, SE Washington, DC 20590

Re : Summary Grant Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (s UAS ) Operations Allowed by Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 , 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary
On behalf of our clients, HighCastle Systems , LLC. and p ursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”)

, Subs ec ti on ( f

) of 49 U

. S

. C

. § 44701

, and 14 C.F.R. Part 11

, HighCastle Systems , LLC. (“ HighCastle ”)

, ( hereafter known as the “Petitioner”)

, an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to conduct full service photography and videography s eeks exemption

from the following lis ted Code of Federal Regulations (“CFR”) to allow commercial operation of

the DJI Phantom 3 Professional (Phantom 3 ) within the N ational A irspace System (NAS) for
controlled, low

- risk

, aerial video and photography of Real Estate Properties (for homeowners,
realtors, home builders, home contractors and / or home inspectors for real estate marketing and
inspection of home exteriors) as well as filming of special events, film sets over certain areas of

the United States

, conducted within and under the condition s outlined herein

, or as may be
established by the F AA, as required by Section 333 requirements

. As described more fully below, the requested exemption would permit the operation of

the Phantom 3 s UAS by Petitioner under controlled conditions in predeter mined airspace that is
1) Limited in scope 2 ) Controlled as to access by mission essential personnel only and2

3 ) Provides improved safety controls and efficiency to the construction man ag ement and
inspection industry presently using conventional aircraft

. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system” as stated within Section 333(c) of the FMRA. In making this
determination, the Secretary is required to determine which types of s UAS do no t create a hazard

to users of t h e NAS or the public or pose a threat to national security in light of the aircraft’s
size, weight, speed and operational capability; Operation of the s UAS in close proximity to
airports and population centers; Operation of a s UAS within visual line of sight of the operator.

Grant of t h e requested exemption is in the public interest based upon the concise
direction expressed within section 333 of the reform act; the added authority granted by the Act,
as amended; an equivalent level of safety regarding flight operations as expressed herein, and
significant cost savings achieved by transitio ning from traditional manned aerial resources to

s UAS s. The petitioner respectfully requests that the FAA grant the requested exemption without
delay. Petitioner will operate the Phantom 3 sUAS while keeping the documents required by the
regulations at the ground control station and immediately accessible to the P ilot i n C ommand
(PIC) and by modification of the required markings (registration n umber) of the s UAS to be
displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

HighCastle Systems , LLC

The primary contact for this petition, with a copy to me at the address above is :

Kelley Taylor Maibaum 3830 Connors Cove Melbourne, FL 32934

B. Regulations

– Exemptions Requested

a. 14 C.F.R. 45.27(a), b. 14 C.F.R

. 61 .113(a) and (b),

c. 14 C.F.R

. 91.7(a), d. 14 C.F.R

. 91.105,

e. 14 C.F.R

. 91.119 (c) f. 14 C.F.R. 91.121,
g. 14 C.F.R

. 91.151(b), h. 14 C.F.R

. 91.405(a),3

i. 14 C.F.R

. 9 1.407(a)(1), j. 14 C.F.R. 91.409(a)(1) and ( 2 ), and k. 14 C.F.R. 91.417(a) and (b).

C

. Corporate Background HighCastle is an imaging service company, located in Melbourne Florida with the
operational infrastructure to provide precision aerial video and photography of Real Estate
Properties (for homeowners, realtors, home buil ders, home contractors and / or home inspectors
for real estate marketing and inspection of home exteriors) as well as filming of special events, in
different geographical locations throughout the Unites States in a safe, convenient, and legal

manner.

Hi ghcastle ’ s sUAS for the purposes of this petition is the DJI Phantom 3 Professional.

The Phantom 3 is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA)
and a transportable Ground Control Station (GCS). The Phantom 3 UA has a maxi mum gross weight of approximately 2. 8 pounds, while having a diagonal distance (motor to motor) of
approximately 2 4 inches, and maximum speed of 3 6 mph (approximately 31 knots). The

Phantom 3 is equipped with four propellers, each being driven by a Lithium Polymer battery
powered electric motor

. Highcastle w ill operate only within v isual line of sight (VLOS) and during daylight hours
in Visual Flight Rules (VFR) conditions. Additionally , Highcastle will operate only within the
parameters defined in the bl anket Certificate of Authorization (COA) issued by the FAA under

the new interim policy. In the event any Highcastle operation exceeds the 200

- foot limitation
imposed by the policy, a separate COA specific to the airspace required for that operation will be
obtained prior to flight operations. Such requirements will insure that the sUAS will “not create a hazard to users of the national airspace system or the “public” as stated in Section 333 of the

FMRA.

D. Airworthiness

A critical element of cons ideration for grant of the petition is evidence of an equivalent
level of safety for airworthiness of the s UAS

. The FAA has been authorized to exempt aircraft
from the requirement for an actual airworthiness certificate in accordance with the statutory

cr iteria provided in Section 333 of PL 112

- 95 in reference to 49 USC 44704, in consideration of
the size, weight, speed, and limited operating area associated with the aircraft and its operation. ,
Also, in accordance with FAA N 8900.291, Petitioner ha s an e stablished inspection and4

maintenance program for the continued airworthiness of the aircraft in accordance with the

manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for

the aircraft and aircraft components.
In sup port of these characteristics, HighCastle submits the following documents and
manuals as attachments to this exemption request.

 Phantom 3 Professional Quick Start Guide http://www.dji.com/produ ct/phantom

3/download (Manual can be downloaded from this link. Manual size exceeds limit
for upload to Regulations.gov)

 Phantom 3 Professional Manufacturer’s User Manual
http://www.dji.com/pro duct/phantom

- 3/download (Manual can be downloaded from

this link. Manual size exceeds limit for upload to Regulations.gov)

 Intelligent Flight Battery Safety Guidelines

 Phantom 3 Professional in the Box

 Phantom 3 Safety Guidlines
Highcastle ’s standard operating procedures are detai led within the Flight Operation Limitations
and Safety section on page 9.

E

. DJI Phantom 3 Professional Operational Capabilities

Petitioner seeks an exemption to operate the Phantom 3 for limited approved

com mercial pu r poses within the NAS 1

. The Phan tom 3 is a multi

- rotor sUAS aircraft
comprised of a VTOL UA and a transportable GCS. The Phantom 3 UA has a maximum gross
weight of approximately 2. 8 pounds, while having a diagonal distance (motor to motor) of
approximately 2 4 inches, and maximum speed o f 3 6 mph (approximately 31 knots). The

Phantom 3 is equipped with four propellers, each being driven by a Lithium Polymer battery
powered electric motor. The Phantom 3 d oes not carry any flammable propellant or fuel. The
sUAS also has an integrated GPS sy stem that calculates the UAS's position and height and
relays that information via a secure connection to the operator. Additionally, as acknowledged
by the FAA in its prior grant of exemption to Douglas Trudeau, the DJI Phantom 3 , "Has the
capability to o perate safely after experiencing certain in

- flight contingencies or failures and

1 Highcastle will submit Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition.5

uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to
respond to a loss of GPS or a lost

- link event with pre

- coordinated automated flight

m aneuvers."

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

AIRCRAFT
Weight (Including Battery a nd Propellers) 1280 g
Diagonal Size (Including Propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy

• Vertical: +/

- 10cm

• Horizontal: +/

- 1m

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

Max Altitude Above Sea Level 6000 m

Operating Temperature 0°C to 40°C

Gps Mode GPS/GLONASS

GIMBAL

Controllable Range Pitch

- 90° to +30°

Stabilization 3

- axis (pitch , roll, yaw)

REMOTE CONTROLLER

Operating Frequency 2.400 GHz

- 2.483 GHz

Max Distance 2000m (outdoors and unobstructed)

Video Output Port USB

Operating Temperature 0°C

- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder For t ablet or phone6

Receiver Sensitivity (1%Per)

- 101 dBm ±2 dBm

Transmitter Power (Eirp)

• FCC: 20 dBm

• CE: 16 dBm

Working Voltage 1.2 A @7.4 V

BATTERY CHARGER

Voltage 17.4 V

Rated Power Phantom 3 Professional 100 W

INTELLIGENT FLIGHT BATT ERY

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Max Flight Time Approximately 23 minutes

Operating Temperature

- 10°C to 40°C

Max Charging Power 100 W

F. Regulatory Basis for Petition

Petitioner

, pursuant to 14 C.F.R. § § 11. 6 1 (b), 11.81, 2 and the FAA Modernization and

Reform Act of 2012 ( “ FMRA ” ) , Section 333, Special Rules for Certain Unmanned Aircraft
Systems ( “ Section 333 ” )

, hereby respectfully petitions the Admin istrator for an exemption from

the requirements of 14 C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

, 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b)

.

2 14 C.F.R. § 11. 6 1 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) , 14 C.F.R. § 11.81 (“ What information must I include in my petition for an exemption ”) ?7

1. Section 333
Congress identifies Section 333 of the FMRA, as a pathway for “ expedited operational

authorization ” of certain sUAS in the NAS

. Section 33 3 (b)(1) ( “ expedited operational

authorization. ” )

. 3 Under Section 333 Congress mandates that the FAA “ shall determine if certain

unmanned aircraft s ystems may operate safely in the national airspace system before completion

of the plan and rulemaking required by S ection 332 of this Act or the guidance required by

section 334 of this Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational
capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ”

Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish
requirements for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the sUAS does
not require “ airworthiness certification under section 44704 of title 49, United States Code

. ” Section
333(b) (2)

. 2. 49 U.S.C. § 44701

T he FAA is further authorized to grant exemptions from its safety regula tions and

minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds
the exemption is in the public interest. ” Section 44701(f) 4 (authorizing the grant of
exemptions from safety regulations and minimum standards under S ection 44701(a) and (b) and

S ections 44702

- 44716). 5

For the reasons addressed herein

, this Petition q ualifies for expedited approval of

Petitioner ’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701

.

G. DJI Phantom 3 Statutory Criteria for Exemption under Section 333

G iven its small size, light weight, slow speed, limited load capacity, superior
operational capabilities

, and that the operations will be conducted only during the day, under
visual meteorological conditions ( “ VMC ” ), withi n V LOS of the PIC, with the assistance of a

3 See also www.faa.gov/ sUAS /legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”).

4 U n d er 4 9 U

. S

. C

. § 4 47 0 1( f )

, t h e “ A d m

i n i s t r at o r m a y g r a n t an e x e m p ti o n f r o m a r e q u i r e m e n t

o f a r e g u lati o n pr e s c r i b ed un d er su b s ecti o n ( a ) o r ( b ) o f t h is s ecti o n o r a n y o f s ecti o n s 44702

- 447 1 6 o f [ T i t le 49 ] if t h e A d m i n i s t r at o r f i n d s t h e e x e m

p ti o n is i n t h e p u b lic i n te r e s t

. ”
5 See e.g. 49 US C §44711 ( a )(1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (iss uance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).8

visual safety observer ( “ VO ” )

, and confined within the boundaries of a consenting landowner’s

property and not in the proximity of airports or populated areas , the Phantom 3 is the very

category of sUAS that qual ifies for expedited approval under Section 333

. 1

. Proximity to Airports/Populat ion Centers or A reas

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to

low risk a reas and in accordance with the blanket 200

- foot COA req uirements at an altitude of no
more than 200 feet above ground level (AGL). In the event a Highcastle operation is required to

exceed the 200

- foot limitation imposed by the policy, a separate COA specific to the airspace
required for that operation will b e obtained prior to operations at an altitude of no more than 400

feet AGL. All altitudes reported to ATC will be in AGL when required and a ny operations
conducted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will

obtain a Letter of Agreement with the appropriate airport management and made available to FAA upon request. In addition, a ccess to any property will be limited to persons associated with
and necessary to flight operations.

2

. Visual Line

- of

- Sight

The minimum crew for each operation will consist of a PIC and VO . The VO will be
used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always

maintain VLOS with the sUAS

. T he Phantom 3 will at all times be flown by Petitioner only in

the daytime (not at night) under VMC

, within VLOS of the PIC

, with the further assistance of

the VO with whom the PIC will have the ability for direct and continuous two

- way verbal

communication s 6 so as to ensure that the flight operations remain w i t h i n the P IC’s VLOS and
prescribed flight boundaries and de

- conflict with objects in the air and on the ground. Thus

, pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the proposed operations

will provide an approved method of control and collision avoidance to satisfy the “ see and

avoid ” requirement of 14 C

. F

. R

. § 91.113 : Only qualified and current PIC’s and VOs , as provided in the SOP will be used

.

3

. Other Factors

a. Phantom 3 S afety Systems

6 [ PIC and VO are within speaking distance and all communications between PIC and VO will be without communications equipment ]9

Petitioner proposes that requirements should take in to account the characteristics of th is
particular s UAS

. The Phantom 3 is characterized by a high degree of pre

- programmed control,

various built

- in technical capabilities that limit the potential for operation outside of the
operating conditions as set fo rth below, and many built

- in functional, safety and redundancy

features to ensure a safe and reliable operation. At a minimum: geo

- fencing at a maximum
ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to

the operator to prevent a "fly away," and safe abort procedures. If the Phantom 3 loses
communications or its GPS signal, it will return to a pre

- determined location and land or be

recovered in accordance with the User’s Manual. The Phantom 3 will have markin gs identifying
the serial number and identification (N

- number) markings as large as practicable. Further,
Highcastle operation s will comply with all manufacturer Safety Bulletins.

b

. Safety Management System
A Safety Management System (SMS) approach wi ll regulate Petitioner ’s operation of

the Phantom 3 and will significantly contribute to maintaining the level of safety contemplated
by the airworthiness certificate requirements from which Petitioner now seeks relief.

Pursuant to the S MS and 14 C.F.R. § 43.13, entitled Performance Rules (general)

, each

person performing maintenance, alteration, or preventive maintenance on the Phantom 3

, motor, propeller, or appliance shall use the methods, techniques, and practices prescribed in the

current manufacturer' s User’s Manual or Instructions for Continued Airworthiness prepared by

its manufacturer, or other methods, techniques, and practices acceptable to the Administrator.

Each person shall use the tools and e quipment necessary to assure completion of the work in

accordance with accepted industry practices.

c. Flight Operation L imitations and Safety
In seeking this exemption, Petitioner proposes to operate the Phantom 3 pursuant to the
following specific operating limitations :
1. The Phantom 3 weighs less than 3 pounds, fully loaded.

2. The Phantom 3 shall only be operated at or below 2 00 ft AGL , unless a separate

COA specific to the airspace required for that operation is obtained prior to
operations at an altitude of no more than 400 feet AGL.

3. The Phantom 3 sha ll be operated within VLOS of the PIC and safety VO.

4. The radio frequencies used for operations and control of the UAS (2.4GHz) will
comply with the Federal Communications Commission ("FCC") or other10 appropriate government oversight agency requirements.

5. The Phantom 3 shall be operated pursuant to Day Visual Flight Rules (VFR) in

visual meteorological conditions (VMC). The Phantom 3 shall be operated only
during daylight hours ( i.e. between the end of morning civil twilight and the
beginning of evening civil twilight, as published in the American Air Almanac,

converted to local time).

6. The Phantom 3 shall operate from on

- site takeoff/landing locations directly next to

the PIC and co

- located VO. The PIC and the VO shall be able to verbally
communicate during a ll operations.

7. Operations shall be conducted by certificated airmen who possess either a commercial, private, recreational, or sport pilot certificate

. 8. The PIC will be a FAA licensed airman and will hold a current airman medical

certificate or valid U.S. driver’s license issued by a state, the District of Colombia,
Puerto Rico, a territory, a possession, or the Federal government. The PIC will also
meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which

the PIC is rated on his or her pilot certificate.

9. The PIC shall have successfully completed the training and qualification process in

accordance with Phantom Pilot Training Guide. PIC qualification flight hours and

currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training
operations will only be conducted during dedicated training sessions.

10. A minimum of three take

- offs and three landings in the preceding 90 days will
be required by the PIC to maintain currency, such log of which shall be made

avail able to the Administrator upon request.

11. All op era tions will util i z e a VO. The UA will be op e ra t e d within the V L O S o f the

P I C a nd VO a t a ll tim e s. The VO m a y be u s e d to s a tis f y the V L OS re q u i re m e nt a s
lo n g a s the P I C a lw a y s m a int a ins V L O S ca p a bili t y . T h e VO a nd P I C will be a ble

to c ommuni ca te v er

b a l l y a t a ll tim e s; e l ec t r onic m e s s a g ing o r t e x ting is not

p er mitt e d du r ing f

l i g ht op e r a tions. The P I C will be d e si g n a t e d b e f o r e t h e f li g ht a nd

c a nnot t ra ns f

e r his or h e r d e s i g n a tion f o r the du ra tion of the f

l i g ht. T h e P I C will

e nsu r e th a t the VO c a n p e r f o r m the d u ti e s re qui re d of t h e VO.

12. The UA will be operated within visual line of sight (VLOS) of the PIC at all
times. This requires the PIC to be able to use human vision unaided by any11 device other than correctiv e lenses, as specified on the PIC’s FAA

- issued airman

medical certificate or U.S. driver’s license.

13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC
qualifications, is also present during flight operations, that person can also be
designated as PIC and will follow the procedures as defined within the SOP to

assume control.

14. A briefing will be conducted in regard to the planned o perations prior to each
flight as detailed within the SOP

. It will be mandatory that all personnel who are
performing duties within the boundaries of the flight operations safety perimeter
be present for the briefing.

15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to
conducting any actual flight operations. Highcastle will o nly operate within the
guidelines of the blanket 200

- foot COA under the FAA’s interim policy. For
flights above 200 feet AGL, Highcastle will operate in a confined geographic

area as defined by a separate ATO issued COA.

16. At least three (3) days before sch eduled operations, operator shall submit a written
Plan of Activities to the local Flight Standards District Office (FSDO) with
jurisdiction over the area of proposed oper ations, such submission of which may

be waived with the concurrence of the FSDO. If required by the FSDO to be
submitted, the Plan of Activities shall include: dates and times for all flights; operator’s and on

- scene flight operator’s name and phone numbe r; s UAS make,

model and serial or N

- number; PIC’s name and certificate number; statem ent that
the operator has obtained permission from property owners and/or local officials to
conduct the operations (such list of those who gave permission to be made
available upon request); description of the planned flight activity, including, as
applic able, maps or diagrams of the area, city, town, county and/or state over
which the operation will be conducted, and the altitudes essential to accomplish
the operation; signature of the exemption holder or representative.

17. Petitioner will file a NOTAM for each flight no more than 72 hours but no less
than 48 hours prior to each flight with the appropriate FSDO.

18. Any operations that will be conducted within 5 nautical miles (NM) of the
geographic center of a non

- towered airport will obtain a Letter of Agreeme nt12 with the appropriate airport management and made available to FAA upon

request.

19. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed
flight a communication with the nearest local Air Traffic Control facility
indicating lo cation, altitude and duration of the proposed flight.

20. All required permissions and permits will be obtained from territorial, state,
county or city jurisdictions, including local law enforcement, fire, or other
appropriate governmental agencies at least 12 hours in advance of any flight
operation

. 21. The Phantom 3 shall be marked with an identification (N

- Number) in accordance
with 14 C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14
C.F.R. § 45.29(f), and identified by a serial number registered in accordance with

14 C.F.R. Part 47.

22. All flights will remain clear and yield the right of way to all other manned
operations and activities at all times, including, but not limited to: ultralight
vehicles, parachute activities, parasailing act ivities, hang gliders, etc.

23. Flights will not be operated less than 500 feet below or less than 2,000 feet
horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

24. The Phantom 3 shall be operated at an airspeed not to exceed 3 1 knots.

25. Any time the Phantom 3 is operating, all documents required under 14 C.F.R. §
91.9 and § 91.203 shall be available to the PIC at the GCS. Such documents
shall be made available to the Administrator or any law enforcement official

upon request.

26. T he Phantom 3 shall not be operated directly over any person, except authorized
and consenting personnel required for f light/ imaging operations,

27. Prior to performing any flight operations, a pre

- flight checklist will be used by a
qualified PIC a s provided i n a separate attachment. Documentation of such pre

flight check shall be made in the aircraft records and such records shall be made
available to the Administrator upon request.

28. The radio frequency spectrum used for operation and control of the Phantom 3
shall comply with the requirements of Phantom 3 manuals and the SOP

. T he13 Phantom 3 s hall at all time s be operated to ensure a safe distance away from all
participating and non

- participating personnel , at least 500 feet away from persons

not involved in th e flight operations (non

- participating persons) unless:

 Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons re main under such protection. If a
situation arises where nonparticipating persons leave such protection and are
within 500 feet of the UA, flight operations must cease immediately in a
manner ensuring the safety of nonparticipating persons

.

 The owner/contro ller of any vessels, vehicles or structures has granted
permission for operating closer to those objects and the PIC has made a
safety assessment of the risk of operating closer to those objects and
determined that it does not present an undue hazard.

29. The flight will be terminated at 20% battery power reserve or 3 minutes, whichever

occurs first.

30. Prior to each flight

, the PIC shall inspect the Phantom 3

, including any
inoperable components, items or equipment, to ensure it i s in a n airworthy

condition for safe flight. If the inspection reveals a condition that affects flight

readiness or safe operations, the Phantom 3 shall not be operated until the
necessary maintenance has been performed and it is found to be in a condition
for safe flight. Any discrepa ncies and all maintenance or alterations shall be

doc umented in the aircraft records, such records to be made available to the
Administrator upon request.

31. Except as may be designated otherwise for Fail

- Safe operations, t he Phantom 3

shall take off and land at a location within the boundaries of the subject property

next to the PIC.

32. Upon loss of communication or GPS signal, the Phantom 3 shall return to a predetermined location within the boundaries of the landowner’s property and

land or be recovered in acc ordance with the User’s Manual

. 33. In the event of an emer gency or unanticipated obstacle to planned operations,
the operation shall be aborted and the Phantom 3

, if airborne, shall return to a
predetermined location.14

34. The Phantom 3 shall be maintained in a ccordance with the manufacturer’s
maintenance, overhaul, replacement, inspection, and life limit requirements for
the aircraft and aircraft components and in accordance with FAA N 8900.291.

35. All operations shall be conducted over private or controlled

- acc ess property with
permission from the property owner/controller or authorized representative.
Permission from property owner/controller or authorized representative will be
obtained for each flight to be conducted.

36. Any incident, accident or flight operatio n that transgresses the lateral or vertical
boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall
also be reported to the National Transportation Safety B oard (NTSB). Further
flight operations shall not be conducted until the incident, accident or
transgression is reviewed by the UAS Integration Office and authorization to
resume operations is provided.

d

. Privacy

All Highcastle s UAS operations will be conducted in accordance with applicable

F ederal, S tate, and local laws regarding privacy. All operations shall be conducted over
private or controlled

- access property with permission from the land/building
owner/controller or authorized representative. Per mission from land owner/controller or
authorized representative will be obtained for each flight to be conducted.

e

. Physical Security

In order to ensure its safe and proper us e , Petitioner will be the only operator of the

Phantom 3 and the Phantom 3 will at all times remain in Petitioner ’s custody

. 4

. . Lack of Threat to the NAS, Public, or National Security
For the reasons previously addressed, in cluding meeting Section 333( b)(1) criteria,

Petitioner ’s record of safety and the small size of the s UAS in volved and the controlled sterile
area within which they will operate, Petitioner falls squarely within that zone of safety (an
equivalent level of safety) in which Congress envisioned that the FAA must, by exemption,
allow commercial operations of s UAS s t o commence immediately. Petitioner will operate the

Phantom 3 in accordance with the aforementioned flight limitations without creating a hazard to

other aircraft or persons or property on the ground . T he fact that each PIC will be required to be

screene d by the Department of Homeland Security, approval of the petition presents no threat to national15

security

. Further, given its small size and limit load capacity, the Phantom 3 s UAS is incapable

of carrying any substantial external load, including e x p l os i v e m a t e r i a l s or f l a mm ab l e li q u i ds.
For all of these reasons, Petitioner ’s proposed operations using the Phantom 3 qualify for
expedited approval of the sought exemption pursuant to Section 333 for the specified uses and

under the proposed operating requi rements and restrictions.

H

. Public Interest Benefits
Granting Petitioner ’s request for exemption would benefit the public and have no
adverse effect on safety for the following reasons

.

1. Public Interest Generally
The grant of the requested exe mption is in the public interest based on the clear direction
in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of safety of the
proposed operations, the significant public benefit, and cost savings to be realized as a result of

th e use of sUAS for precision aerial imaging and survey services. Moreover, the FAA has
granted similar exemptions for sUAS used to conduct high resolution precision aerial imaging

and survey operations. 7 The Phantom 3 is a battery powered s UAS that serves as a safe r , more efficient, and economical alternative to larger and heavier manned aircraft carrying flammable
liquid fuels

, traditionally use for aerial photography or aerial surveying

. This will provide for a n added superior level of safety to persons and property in the air and on the ground than that
provided by manned aircraft performing the same operations. No p ilot or cre w need be airborne

and g ranting the exemption would also decrease the number of manned aircraft in the NAS and,
as a result, red uce congestion as well as the environmental impact of such operations

. Using the

Phantom 3 also provides the benefit of greater operational flexibility and reduced cost when
compared to manned aircraft.

a

. Increased Aircrew Safety and Reduced Risk to P ers ons/ Property On G

round

Because the Phantom 3 is unmanned, the proposed operations eliminate the risk to pilot and

crew associated with flying such aerial

- surveying missions in confined airspace at low altitude

. Further, g iven its small size and weight and low air speed

, using the Phantom 3 also reduces the risk
of damage or injury to persons or property on the ground , and in the air, were there to be a n
unforeseen mishap

.

7 HIGHCASTLE r e q u e s ts t h at t h e F AA n ot solicit p u b lic c o mm e n t o n i t s petition b eca us e it

w o u ld n o t s et a ny new pr ece d e n t a n d b eca u s e t h e r elief r e q u e s ted is i d e n tic a l to e x e m p ti o n s g r a n ted pr e v i o us l y . 1 4 C

. F

. R

. § 11.87.16 b

. Reduced Environmental Impact

U sing the Phantom 3 s UAS instead of manned aircraft also benefit s the public by
eliminating or greatly reducing air and noise pollution associated with traditional aerial imaging
operations

. Because it is battery power ed and uses electric motors, the Phantom 3 s UAS

consumes no fuel

, generates no air pollut ion

, and creates very little noise . As a result, the public is

benefited as a result of reduced enviro nmental impact, r educed operator and other human

exposure , and greater fuel conservation, which serves additionally to su pport our G overnment’s
specific effort s to reduce the U.S.’s carbon footprint. 8

c

. Fewer Manned Aircraft i n the NAS and Reduced Need for ATC Handling

The Phantom 3 also does not require a runway or helipad to takeoff or land and will not
be operated within the close proximity of any airp orts without prior FAA approval

. As such

, fewer aircraft will need to be handled by a ir t raffic c ontrol during ground, takeoff, departure,
arrival, and landing phases. Operations pursuant to this Peti tion will further reduce the number

of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of imaging
operations as well as congestion around airports due to aircraft arrival and departure.

d

. Superior Aerial Imagery and Increased Benefit to U.S. E conomy

B etter aerial footage can al so be obtained using the small and nimble Phantom 3 than can be

obtained using manned aircraft or other ground

- based methods

. Due to its small size and superior
flight performance characteristics, the Phantom 3 allows for images to be taken from certain l ocations

and angles and with better precision than using manned aircraft

. As a result, less time is needed in

the air to obtain the desired footage

, which in addition to providing the benefit of fewer aircraft in the

NAS and associated reduced risk to obj ects and persons and property in the air and on the ground,

reduced noise, etc., allows for the production of surveys , which benefit s consumers

. This
additionally ensures that companies such as Highcastle and its customers remain competitive and
profitabl e, thereby providing their employees greater job stability, which ultimately contributes

further to the U.S. econom y through increased consumer spending

.

e

. Increased Operational Flexibility and Reduced Cost
Using the Phantom 3 also provides the benefit of greater operational flexibility and reduced

cost when compared to manned aircraft. Instead of each time having to hire a manned aircraft at
thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner can operate

8 Reducing the U.S.’s carbon footprint is a high priority and cons istent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.17

the Phantom 3

, which it has purchased and outfitted at lower combined cost

, innumerable times and

at the convenience of Petitioner ’s and its customer ’ s schedules

. 2. No Adverse Safety Effects
Granting this Petition will also not adversely affect aviation safety or po se any undue

risks to the public. The operations pursuant to this Petition will be in accordance with

Petitioner ’s internal SOP , including approved processes and checkli st s an d in c o m p li ance w i t h
all applicable FAA safety policies and guidance. According ly, and as detailed herein,

g ranting the requested exemption would not adversely affect safety. Indeed

, as detailed below

, operations pursuant to the limitations and guidelines addressed herein and the safety
procedures, Petitioner w ill provide a n equival ent level of safety to those regulations from

which Petitioner seeks exemption

. The FAA has also recently set precedence by granting
exemptions with similar aerial photography

, imaging , and surveying parameters in all material

respects, to those presented herein

. Fo r these reasons

, Highcastle ’s operations pursuant to this

Petition also qualify for an exemption

. I. Exemption s Sought By Petitioner a nd Reasons f or t he Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

, 91.151(b)

, 91.405(a),
91.407(a)(1) and (2) , 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 45.27(a). Location of marks; non fixed

- wing aircraft

. Section 45.27, entitled Locat ion of marks; nonfixed

- wing aircraft

, subsection (a) states
(emphasis added):
(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft
horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks
required by § 45.23.
To the extent subsection 45.27(a) may be deemed to apply to the Phantom 3 s UAS

, Petitioner seeks an exemption from the subsection ( i.e., that the marks be displayed on both
surfaces of the cabin, fuselage, boom, or tail) because the Phantom 3 s UA S is of in sufficient size
to accommodate any such marking. Thus marking the Phantom 3 s UA S as required by this
subsection would not be possible.

An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the Phantom 3 s UA S

, as may be applicable, with letterin g as large as practicable ( 14 C.F.R. § 45.29(f) ) on its largest
available surface so as to permit such marking to be displayed to pilot, crew, and others

.18

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in

command

. Petition er seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled
Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) state
(emphasis added):
(a) Except as provided in paragraphs (b) through (h) of this secti on, no person who
holds a private pilot certificate may act as pilot in command of an aircraft that is
carrying passengers or property for compensation or hire; nor may that person,
for compensation or hire, act as pilot in command of an aircraft

.
(b) A pr ivate pilot may, for compensation or hire, act as pilot in command 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 proper ty for compensation or

hire.
In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s . Petitioner seeks exemption from the subsections because t he Phantom 3

w i l l not ca rr y a p il o t
, passe n g e r s or property (other than a camera). As addressed, the Phantom 3
is a very light, remotely controlled s UAS with no persons or property on board. Each f li g h t is

p l anned and fully coo r d i na t ed i n a d v ance in accordance with those procedures provided in the

SOP

. Thus t he r i s k assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed fr om that

ass o c i a t ed w i t h co m m e r c i al ope r a t i ons con t e m p l a t ed by P a r t 61, t hat a ll o w i ng a PI C having a
private pilot certificate , rather than a commercial certificate, met the minimum flight hour and
qualification criteria, and operating according to the limitations and guidelines provided herein

, provides a level of safety that e x ceeds t hat p r o v i ded by a pilot having a co mm e r c i al ce r t i f i ca t e

op e r a t i n g a con v en t i onal a i r c r a f t as required under the regulations

. T he FAA has already set precedence by previously granted e x e m p t i ons in circumstances
similar, in all material respects, to those presented herein

. 3. Section 91.7(a). Civil Aircraft Airworthiness

. Either finding that Petitioner meets the S ection 333 criteria or exemption from the
airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a)
inapplicable.19

Section 91.7, entitled Civil aircraft airworthiness

, subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA standard by which such a determination of airworthiness can be made. Nonetheless, given t he
limitations and procedures , as con t a i ned herein, the S afety Procedures containe d within the

SOP , and the Maintenance Manual

, for maintaining the aircraft and checking it before each
flight to ensure that it is in peak operational condition, an e q u i v a l ent l e v e l o f s a f e t y w il l be

p r o v i ded.

4

. Section 91.105. Flight crewmembers at stat ions

. Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight

crewmembers at stations

, states (emphasis added):
(a) During takeoff and landing, and while en route, each required flight

crewmember shall

— (1) Be at the crewmem ber station unless the absence is necessary to
perform duties in connection with the operation of the aircraft or in
connection with physiological needs; and
(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight cre wmember of a U.S.

- registered civil aircraft shall,
during takeoff and landing, keep his or her shoulder harness fastened while at his
or her assigned duty station . This paragraph does not apply if

— (1) The seat at the crewmember's station is not equipped with a shoulder
harness; or

, (2) The crewmember would be unable to perform required duties with the

shoulder harness fastened.

In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and
harnessed during flight

. Petitioner seek s exemption from the Section 91.105 because the

Phantom 3 s UA S is by definition an unmanned aircraft, having neither pilot nor crew so as to be
stationed or harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of s a f e t y

can be provi ded instead by using an unmanned aircraft controlled by a PIC who at all times is

located at and controls the Phantom 3 from the GCS.

5

. Section 91.119(c). Minimum safe altitudes

. Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, e ntitled Minimum20

safe altitudes: General

, subsection (d) states (emphasis added):
Except when necessary for takeoff or landing, no person may operate an aircraft
below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet abo ve 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.

S ec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than
congested areas

. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this
Petition, t he Phantom 3 s UA S w il l at times be ope r a t ed either at or below 200 or 4 00 feet A G L

. An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided
herein, ope r a t ing so as to de

- conflict with manned vehicles operating above 500 feet AGL , within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de

- confliction
with any persons or property in the air and on the ground , including participating and non

participating personnel, 100 feet and 500 feet, respectively, away from who the UA would
generally be restricted . Further t he Phantom 3 s UAS flight operations will be m on i t o r ed at all

times by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y r e q u i r e m en t s ,
so as to prevent access to t he restricted a r eas o f ope r a t i on.
The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all mater ial respects, to those presented herein

.

6

. Section 91.121. Altimeter settings

. Petitioner seeks an exemption from 14 C.F.R. 91.121

. Section 91.121, entitled Altimeter
settings

, requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” Petitioner seeks exemption from Section 91.121 because the

Phantom 3 s UAS does not use or have on board a typical barometric altimeter as contemplated
by the regulation.

Note: An equivalent level of safety will be provided instead, by operating the s UAS at

or below 400 feet AGL

, within the VLOS of the PIC (with the assistance of a VO)

, with altitude

infor mation downlinked from the Phantom 3 to the PIC to maintain altitude and ensure safety.
Prior to each flight, a zero altitude/AGL will be established at the launch site, as confirmed for21

accuracy by the PIC.

7

. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel
requirements for flight in VFR conditions

, states (emphasis added):
(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

.

The Phantom 3 is an unmanned aircraft, and thus wou ld not begin a flight with a person
in it as the regulation contemplates . To t he extent the regulation applies to the Phantom 3

, the

Phantom 3 has a maximum flight duration of 15 minutes

, depending upon atmospheric

conditions and type of camera or sensor.

A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed by terminating the flight at 20% battery

power reserve or 3 minutes w h i ch e v er occurs f i r s t, as provided in the SOP . Given that the

Phantom 3 will be operated within the VLOS of the PIC, within the confines of the particular landowner’s property with prior written consent of the landowner and participating and non

participating personnel, this restriction would provide more than enough battery reserve to
accommodate a safe return to the landing zone from any where in the operating area with no
adverse effect on the safety of persons and property in the air or on the ground.

The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herei n

.

8

. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance
inspections and recording

. Section 91.405(a) , entitled Maintenance required

, states: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as p rescribed in subpart E of this part and
shall between required inspections, except as provided in paragraph (c) of this
section, have discrepancies repaired as prescribed in part 43 of this chapter ;

Section 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,

or alteration

, states:22

(a) No person may operate any aircraft that has undergone maintenance,
preventive maintenance, rebuilding, or al teration unless

— (1) It has been approved for return to service by a person authorized under
§ 43.7 of this chapter;

Section 91.409 (a)(2) , entitled Inspections

, states:
(a) Except as provided in paragraph (c) of this section, no person may operate 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 inspection for the issuance of an airworthines s certificate in
accordance with part 21 of this chapter

. No inspection performed under paragraph (b) of this section may be substituted
for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection
in the required maintenance records.

Section 91.417(a) and (b) , entitled Maintenance records

, state:
(a) Except for work performe d in accordance with §§ 91.411 and 91.413 , each
registered owner or operator shall keep the following record s 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 airc raft (including the airframe) and each
engine, propeller, rotor, and appliance of an aircraft. The records must include

—
(i) A description (or reference to data acceptable to the Administrator) of
the work performed; and
(ii) The date of completion of t he work performed; and
(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:23 (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 inspection program under which the
aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness di rectives (AD) and
safety directives including, for each, the method of compliance, the AD or
safety directive number and revision date. If the AD or safety directive
involves recurring action, the time and date when the next action is
required.
(vi) C opies 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.

(b) 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
perf ormed.
(2) The records specified in paragraph (a)(2) of this section 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.

In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as

p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and
Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuild ing, and Alterations) and24

that any work on the aircraft be recorded and such records maintained.
Petitioner seeks an exemption because, as addressed, the Phantom 3 sUAS will operate
pursuant to this Petition without airworthiness certification. An equiva lent level of safety can be
provided instead by requiring, as provided herein, that inspections and maintenance be
accomplished according to the inspection, maintenance, and preflight sections of the

Maintenance Manual and SOP, and IAW the manufacturer’s g uidance in the Phantom 3 User’s

Manual. Among other things, the Phantom 3 will be inspected prior to each flight to confirm
that it is in good working order. Any maintenance or repairs will be perform and logged, and,
upon any work being performed on the Phantom 3

, it will be checked and approved for flight by
personnel before being returned to service.

The FAA has already set precedence by previously granted exemptions in circumstances
similar, in all material respects, to those presented herein.

J. Conclusion
As set forth in the document above, the following summary is provided for publication
in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA
Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C .F.R. Part 11 to permit
safe operation of the Phantom 3 sUAS commercially, for the purposes of controlled, low

- risk,
aerial video and photography of Real Estate Properties (for homeowners, realtors, home
builders, home contractors and / or home inspectors for real estate marketing and inspection of
home exteriors) as well as filming of special events, film sets

. By granting this Petition, the
FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA

Modernization and Reform A ct of 2012 to expedite approval of operations of certain sUAS in
the NAS, while also advancing the interests of the public.

WHEREFORE , in accordance with the Title 49 of the United States Code, the Code of
Federal Regulations, and the FAA Modernization an d Reform Act of 2012, Section 333,
Petitioner respectfully requests that the Administrator grant this Petition for an exemption from
the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c),
91.121, 91.151(b), 91.405(a), 91. 407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).25

cc: Kelley Taylor Maibaum

Carson David Geber