I 

~OUTER EACHES~ 

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->· ._.: 

Hatteras Island, North Carolina 

Offices at the following 

locations: 

Avon 

Mail all correspondence to: 

P.O. Box 280 

40227 Tigrone Boulevard 

Avon, NC 27915 

LOCAL 

252-995-4477 

FAX: 252-995-6137 

TOLL FREE 

800-627-3150 

FAX: 800-627-3250 

Waves 

25206 Sea Vista Drive 

Waves, NC 27982 

FAX:252-987-2803 

Hatteras Village 

57205 Eagle Pass Road 

Hatteras, NC 27943 

FAX: 252-986-1457 

E-Mail 

info@outerbeaches.com 

Web Address 

www.outerbeaches.com 

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,.) -· : 

Docket Operations, M-30 

US Dept. ofTransportation 

1200 New Jersey Ave, SE 

Room W12-140, West Bldg. Ground Floor 

Washington, DC 20590-0001 

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RE: Petition for Exemption (COA) Request under Section 333 of the 

Federal Aviation Administration Modernization and Reform Act of 

2012 and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam, 

Pursuant to Section 333 of FAA Modernization Act of 2012 and 14 CFR 

Part 11, Outer Beaches Realty, a premier real estate company offering 

property management, vacation rentals and sales, hereby applies for 

an exemption from the listed Federal Aviation Regulations to allow 

commercial operations of it's DJI Phantom II, a small unmanned 

aircraft system (UAS), so long as such operations are conducted 

within and under the conditions and limitations outlined herein or as 

may be established by the FAA as required by Section 333. 

These limitations provide for at least an equivalent or even higher 

level of safety to operations under the current regulatory structure. 

Outer Beaches Realty seeks the ability to offer realistic images of our 

vacation homes and their proximity within the coastal community to 

the public using the latest technology, such as UAS. We wish to 

conduct these operations in the highest level, reducing risk and 

improving overall safety. Therefore, it is in the best interest of the 

public for the FAA to approve Outer Beaches Realty, Section 333 

exemption to conduct UAS operations to photograph vacation homes 

and the environment we live. 

SincV. 

)Lan~R~"- President, Outer Beaches Realty 
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RE: Outer Beaches Realty, Inc Avon, NC 27915 

Request for Certificate of Waiver (COA) for UAS/ Drone operation 

Section 1: Introduction and Interest of Petitioner. 

Outer Beaches Realty, family owned and operated, is the premier real estate 

company on Hatteras Island. Conveniently offering property management, vacation 

rentals and sales under one roof. Our promise is to provide the highest level of 

customer service, safety, honesty, integrity and professionalism among all real 

estate companies on the Outer Banks. Our primary market of customers is from 

North Carolina through New England and west to Ohio/Kentucky. Also eastern 

provinces of Canada. 

Section 2: Unmanned Aerial Systems 

Regarding the Unmanned Aircraft System 

1. Petitioners should describe how the proposed VAS operation will be safely 

conducted to minimize risk to the NAS or to persons and property on the ground. 

Spec(fically, petitioners should describe the design and operational 

characteristics for the type(s) of VAS they intend to operate, e.g. aircraft 

pe1:{ormance and performance limitations, operating procedures, and aircraft 

loading information in as much detail as possible. This could be provided in the 

petition or in an Aircraft Flight Manual or similar document. 

NOTE: The FAA will consider all information and data submitted by the 

petitioner that describes the VAS developmental and operational hist01y. This 

could include statistical data or other documentation for the specific design and 

performance characteristics of the VAS, including the operational hist01y and 

operationalfailure modes, obtained through previous Research & Development 

(R&D) andlor.flight test activities, e.g. operations conducted under a COA, with a 

civil ainvorthiness certificate, or under other authorized operating conditions. 

2. Petitioners should describe any procedures they ·would implement, such as preflight inspections, maintenance, and repair, to ensure that the VAS is in a 

condition for safe flight. This could be provided in the petition, an Aircraft Flight 

Manual, a Maintenance and inspection Manual, or similar document. 

NOTE: The Aircraft Flight Manual and Maintenance and inspection Manual may 

be separate documents or combined in a single document. 
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3. The petitioner should describe the Radio Frequency (RF) spectrum usedfor 

control of the VAS and associated equipment that is part of the VAS (i.e., sensors, 

cameras, etc.), and whether it complies with Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements. NOTE: Petitioners should be able to provide the FCC approval 

letter or show compliance with FCC requirements upon request. 

General Information Pertaining to Proposed UAS 

Outer Beaches Realty will safely operate less than fifty-five pound unmanned 

aircraft system (VAS), with the ability to capture photos and videos to support our 

marketing efforts of vacation rentals. 

Prior to each flight the Pilot in Charge (PIC) shall inspect the VAS to ensure it is in a 

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

operation of the VAS, the aircraft will be prohibited from operating until the 

necessary maintenance has been performed and the VAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. 

Outer Beaches Realty shall follow the manufacturer's VAS aircraft/component, 

maintenance, overhaul, replacement, inspection and life limit requirements. 

Outer Beaches Realty shall carry out their maintenance and inspections 

requirements in accordance with the operator's manual. 

The VAS operated under the proposed exemption shall comply with the 

manufacturer's operations manual. 

Before conducting operations, the radio frequency spectrum used for operation and 

control of the VAS shall comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

DJI Phantom II 

Outer Beaches Realty seeks an exemption to operate DJI Phantom II VAS, a 

lightweight, multi-functional integrated aircraft and camera. The DJI Phantom II is 

comprised of a quad rotor unmanned aircraft and a handheld ground control 

station. The DJI Phantom II has a maximum gross weight of approximately 2.8 

pounds, diameter (rotor span) 23.75 inches, width of 12.5 inches, and height of 8.1 
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inches. The DJI Phantom II is equipped with four rotors driven by four lithium 

polymer battery powered electric motors. 

Design and operational characteristics are provided in DJI Phantom II Operating 

Manual. (See attached PDF) 

Section 3: Unmanned Aircraft Pilot in Command (PIC) 

4. Petitioners should describe the qual(fications required of any PIC(s) who will be 

directly responsible.for the operation of the UAS, including information such as: 

the level of airman cert(ficate held; any applicable training related to the 

operation; and any minimum hours a,( flight experience required by the PIC(s), 

both Iota/flight time and the time with the particular UAS. {(the operation would 

use visual observers, petitioners should describe their roles and qual(fications. 

Request relief with limitations and conditions specified in this petition. 

5. Petitioners should describe the medical standards and cert(fication of the PIC(s) 

directly responsible for the operation of the UAS. 

Request relief with limitations and conditions specified in this petition. 

Section 4: Operations of UAS 

Regarding the Operation of the Unmanned Aircraft 

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should 

describe how the proposed operation(s) would not adversely affect safety, or how they 

would provide a level of safety at least equivalent to that provided by the rule .from which 

exemption is sought. Petitioners should address any plans to implement clearly defined 

operational borders and procedures to ensure public safety, which includes persons and 

property both in the air and on the ground. This can be described in the petition, in an 

Operations Manual.-·'"or similar document. 

NOTE: The FAA will closely examine the proposed operation(s) with respect to safety of 

flight, NAS safety considerations, and the safety of the non-participating persons and 

prope"C_ty during the operational period and within the operational area. 

7. Petitioners should specify tlze proposed ma:rimum operating speed and altitude, and 

describe minimum flight visibility and distance from clouds for their intended 

operation(s). Petitioners should describe potential hazards and safety mitigations 

associated with these proposed conditions. These issues can be addressed in the petition, 

an Operations·Manual, or similar document. 

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The UAS shall remain clear and yield the right of way to all other manned aviation 

operations and activities at all times. 

The UAS shall be operated at an altitude of no more than 400 feet above ground level. 

The multi-rotor UAS shall not be flown at a ground sped exceeding 30 mph. 

The UAS Operations will be conducted under visual meteorological conditions (VFR). 

The UAS will not be operated less than 500 feet below or less than 2000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

If the UAS loses communications or loses its GPS signal, it must return to a 

predetermined location within the planned operating area and land. 

The UAS PIC must abort the flight in the event ofunpredicted obstacles or emergencies 

in accordance with the operating documents. 

The UAS PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UAS with 25% battery power remaining. 

8. Petitioners should describe the characteristics of the area of intended operation(s) and 

the associated potential hazards, in accordance ·with the statutory mandate under Section 

333 regarding proximity to populated areas. These issues can be addressed in the 

petition, an Operations Manual, or similar document. 

The UAS shall not be operated oyer congested or densely populated areas. These areas 

included but are not limited to the yellow areas depicted on World Aeronautical Charts, 

Sectional Aeronautical Charts, or Terminal Area Charts. Each site will also be evaluated 

based on local conditions. 

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All operations of DJI Phantom II shall be conducted over private or controlled-access 

property with permission from the property owner/controller or authorized representative. 

Permission from the property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

The UAS will be used to capture photos and videos of Hatteras Island, NC and 

specifically homes managed by Outer Beaches Realty. 
9. Petitioners should describe if they intend to operate in the proximity of any airports, in 

accordance with the statutory mandate under Section 333 regarding proximity to 

airports. 

There is only one airport located on Hatteras Island where the UAS will be used .... Billy 

Mitchell, HSE, an unmanned 3,000 ft airstrip with no commercial operations. Should 

UAS operations be performed within 5 miles, the PIC will announce intentions and 

location via a handheld radio on HSE frequency as well as announce 'Clear' when 

concluded. In all cases, operation ofthe UAS will cease immediately if any aircraft is in 

the area as evidenced by visual confirmation or via radio broadcast on the HSE 

frequency, until aircraft has landed or left vicinity. 

10. The VAS must be operated within visual line-of-sight (VLOS), in accordance with the 

statutory mandate under Section 333(b)(1). Petitioners should describe hmv they intend 

to comply with his mandate. 

The UAS must be operated within VLOS of the PIC at all times. This requires the PIC to 

be able to use human vision to see the UAS unaided by any device other than corrective 

lenses. 

The UAS will not be operated by the PIC from any moving device or vehicle. Operations 

will not be conducted during night. 

11. Petitioners should describe any procedures they would implementfor conducting a 

preflight safety risk assessment to determine that the VAS is in a condition for safejlight 

(1 4 CFR § 91. 7(b)) and that the planned operation can be completed safely. These 

procedures can be addressed in the petition, an Aircraft Flight Manual, Operations 

Manual, or similar document. 

Outer Beaches Realty will conduct preflight safety risk assessments to determine that the 

UAS is in a condition for safe flight and that the planned operation can be completed 

safely. 

The pre-flight checklist provided by The Public Safety Flight website will be used. 

(*See attached document) Outer Beaches Realty will check the UAS for damaged or 

worn propellers, batteries, and other parts that should be replaced or· repaired 

before flight. 

Outer Beaches Realty will ensure the flight battery, remote controller, WI-FI range 

extender, and all other necessary items are fully charged. 
12. If petitioners intend to conduct operations which have existing requirements to notify 

Flight Standards District Offices (FSDOs) prior to operations -such as motion picture 

and television filming, or pipeline and powerline patrol.- petitioners should describe 

their intended coordination in this regard for their proposed operation(s). 

Outer Beaches Realty's operations do not require a notification to Flight Standards 

District Offices. 

13. The FAA intends to require entities who obtain an exemption under this process to 

also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic 

Organization prior to conducting operation(s) in the NAS. 

Outer Beaches Realty shall obtain an Air Traffic Organization issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this requested 

grant of exemption. 

Section 5: Requested Exemptions from Regulations 

Airworthiness Certificate- Outer Beaches Realty recommend that in consideration of 

the size, weight, speed and limited operating area associated with this aircraft and its 

operation, the Secretary of Transportation determines that the aircraft meet the conditions 

of Section 333. 

Display of Marks- Outer Beaches Realty DJI Phantom shall be identified by a serial 

number from the manufacturer. Additional identification numbers will be as large as 

practicable. 

Private pilot privileges and limitations -The FAA has found in previous grants of 

exemption that the absence of a licensed PIC with a private pilot certificate operating a 

UAS would not adversely affect operations in the NAS or present a hazard to persons or 

property on the ground. 

Commercial pilot privileges and limitations -The FAA has found in previous grants of 

exemption that the absence of a licensed PIC with a private pilot certificate operating a 

UAS would not adversely affect operations in the NAS or present a hazard to persons or 

property on the ground. 

Civil Aircraft Ainvorthiness - Outer Beaches Realty recommends that in consideration 

of the size, weight, speed and limited operating area associated with this aircraft and its 
operation, the Secretary of Transportation determines that this aircraft meets the 

conditions of Section 333. 

Civil Aircraft Flight Manual, Marking, and Placard Requirements -The FAA has 

previously determined that relief from these sections is not necessary. Relevant materials 

may be kept in a location accessible to the PIC in compliance with the regulations. 

Preflight Action - Outer Beaches Realty will perform according to standardized 

procedures. 

Minimum Safe Altitude- Aircraft will be operated below 400ft., but not over congested 

areas. 

Altimeter Settings- The proposed aircraft have a barometric altimeter and GPS derived 

altitude capabilities. Outer Beaches Realty recommends that the altimeter be set to zero 

feet AGL rather than local barometric pressure or field altitude before flight. Considering 

the limited altitude of the proposed operations. 

Maintenance Required- Request relief with limitations and conditions specified in this 

petition. 

Operation after Maintenance- Request relief with limitations and conditions specified 

in this petition. 

Inspections - Request relief with limitations and conditions specified in this petition. 

Maintenance Records- Request relief with limitations and conditions specified in this 

petition. 

Oct 15, 2015