13 October 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590



# Petition for Exemption Parts of Certain Title 14 CFRs in regards to Section 333 of the FAA Modernization & Reform Act of 2012 Concerning Unmanned Aerial Systems (UAS)

Joseph Robert Charron Aerospective, LLC 3926 Harmony Church Rd. Gainesville, GA 30507 (678) 641-3604 joe@aerospecimaging.comU.S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernizatio n and Reform Act of 2012 ( " FMRA " ) and CFR Part 11 , Aerospective , LLC hereb y applies for an exemption from Federal Aviation Regulations (FARs) identified be l ow to allow commercial operations of small , unmanned aerial vehicle by, and through small , unmanned aerial systems (UAS) for aerial photography and videography

. This exemption is requested in subject to and in accordance with those operations and protocols outlined in this petition , the enclosed UAS Preflight , Safety & Operational Standards and DJI Phantom 3 Professional Operator ' s Manual.
This letter i s request for exemption from a numbe r of Title 14 CRF's that relate to the commercial operation of " unmanned aerial systems " (UAS). The following will be included in this request: Name & Information of Petitioner, Executive Summary of Petitioner summarizing the rules Petitioner seeks exemption from and the reasons the exemptions would serve the public good , Specif ic Title 14 CFR ' s to which an exemption is sought , the extent and reasons for the reques t ed exemptions , and reasons why safety would not be compromised. 1. Description of Petitioner / Personal I nformation Name: Joseph Robert Charron (hereafter referred to as "Petitioner") Company: Aerospective, LLC Address : 3926 Harmony Church Rd., Gainesville, GA 30507 (678) 641-3604

joe@aerospecimaging.com The Petitioner is a native of Gainesville, Georgia, born on 26 May 1988 and is a U.S citizen, and veteran. He is the member/owner of Aerospective, LLC which is focusing primarily on real estate photography and videography for the local area. The Petitioner is an active duty Sergeant in the U.S. Army, currently coming to the end of his obligation of service. The Petitioner has flown a UAS for the U.S. Army, both domestically on military installations, and over 400 hours of logged flight time in theatre in support of Operation Enduring Freedom in Afghanistan. The Petitioner has developed proficiency while owning various quadrotor UAS' since 2012 with over 250 hours as a hobbyist.Petitioner is requesting an exemption from the c urrent rules in Section 333 which

govern the uses of UAS ' s for commercial purposes. The Petitioner seeks authorization to perform commercial UAS operations for Real E state, Real Estate Inspections , Sales, and Advertising

. This would include residential, commercial, and rural properties. Prospective customers and clients would include Real Estate Agents and Brokers along with Insurance Companies, Banks and private property owners. The Title 14 CFR exemption that this request includes are: 61.113(a) & (b); 91.7(a); 91.119(a); 91.121; 91.115(a); 91.407(a) (1) & (2); 91.417(a) & (b). Reasons for each request are cited below:
2. Public Good Aerial videography and photography for geographical awareness and for real estate marketing and inspections has been around for many years; accomplished through manned fixed wing aircraft and helicopters. However, for small business owners, its expense has been cost-prohibitive. Granting this exemption to the Petitioner would allow him to provide this service at a much lower cost to the public. Further , the small UAS being utilized in this application will pose no threat to the public, given i ts small size and lack of combustible fuel when compared to larger, manned aircraft. The UAS, while reducing the carbon footprint of aerial video productions, also eliminates noise pollution as its battery powered electric motors are barely audible during takeoff, and cannot be heard when operating more than 100 ft AGL. The operation of this UAS will minimize ecological damage while simoultaneously promoting economic growth by providing information to businesses and individuals in the Northeast Georgia and Metropolitian Atlanta area

. 3. Privacy All proposed UAS flights will only be conducted after obtaining property owners written permission. All flights will occur over public right of way or private property with the property owner present, or aware that flights are taking place. No observation of property outside that of which written permission has been given written permission will be conducted. 4. Description of UAS to be Utilized Under Requested Exemptions Petitioner currently owns a DJI Phantom 3 Professional quadcopter. The Petitioner intends to use the Phantom 3 Professional as the primary UAS in commercial applications described herein. The Phantom 3 is a quadcopter that can take off and land vertically. It weighs approximately 2 lbs., with a maximum airspeed of approximately 16 m/s (31 knots). This UAS uses lithium polymer (LiPo) batteries to power the unit and has approximately 20-25 minutes charge time. This gives the DJI Phantom 3 Professional UAS approximately 17-23 minutes of flight time with sufficient remaining battery charge to land safely. The DJI Phantom 3 Professional being utilized under this request for exemption has First Person View (FPV) which allows the Petitioner to visually monitor certain telemetry data on a ground station monitor including altitude (AGL), GPS signal strength, battery charge information, direction of travel, etc. The FPV also gives the Petitioner real time video feed from the onboard Hi-Definition (HD) camera showing the UAV direction of travel and what images are being captured. This is a significant safety feature, as it displays the attitude of the UAS and its forward direction

. However, this FPV feature will never be used as a tool to deviate from VLOS operation and procedures used by the Petitioner. The DJI Phantom 3 has a selectable Return To Home capability located on the UAS controller w h ich allows the PIC to activate in case of any emergency or safety concerns. The UAS h as a built in Return To Home capability linked to " loss of control communicatio n" and remaining battery strength. If the UAS identifies a loss of communication or low b attery strength, the UAS will return to its original take off site.5. Preflight

The Petitioner will always follow procedures outl i ned in the Phantom 3 Operator ' s Manual and Preflight Check-Off Sheet. A preflig ht inspection of all hardware , software , and environmental factors will be conducted prior to every fl ig ht to ensure absolute safety in flight. PIC will ensure safety signs are posted at the site of flight opera ti ons and will post a visual observer to monitor the area to ensure safe flying conditions are ma i ntained throughout the full duration of flight operation.
6. FCC Information The UAS being utilized for commercial applicatio n is a DJI Phantom 3 Professional. This device complies with part 15 of FCC rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference , and (2) this device must accept any interference received, including inte rf erence that may cause undesired operation. The UAS controller has an operating fr equency of 2.400 GHz- 2.483 GHz , FCC: 20 dbm ; CE: 16 dbm

. Maximum transmiss io n distance is 2000 meters. The UAS receiver sensitivity is -101 dbm +1- 2 dbm. Video d ownlink operates on 2.4 GHz ISM 720p @30fps with 220 ms latency.
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. Description of Intended Commercia l Operations The Petitioner seeks authorization to perform co mmercial UAS operations for Real Estate Inspections , Sales and Advertising. This w ould include residential , commercial and rural properties. Prospective customers and clients could include real estate agents and brokers, along with insurance companies , b anks, and private property owners. This w ork will always be conducted with the permission of the property owner or their respec ti ve agent. Flight operations will be restricted to flights directly over the property tha t h as granted permission. Safety will always be the primary concern regarding any flig ht at any time. Prior to conducting UAS flight operations , the Pe ti tioner will post a sign stating: CAUTION UNMANNED AERIAL VEHICLE IN O P ERATION. STAY BACK 100 FEET FROM AIRCRAFT. PIC will ensure safety signs ar e posted at the site of flight operations and will post a visual observer to mo ni tor the area to ensure safe flying conditions are maintained throughout all flight o p erat i ons
. 8. UAS Operating Parameters The enclosed DJI Phantom 3 Professional manual describes, in detail, the operating parameters of the aircraft and procedures. To assist the FAA in its safety assessment of the Petitioner's UAS operations, below is a summary of operational limitations and conditions, which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines: a. The UAS will weigh less than 5 pounds b. Flights will be operated during daylight and within visual line of sight (VLOS) of sight of the Operator

. c. Maximum total flight time for each operational flight will be limited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%. d. Petitioner agrees never to fly the UAS outside of VLOS and also agrees to only fly UAS during daylight hours at altitudes below 400 feet AGL, clear of clouds. The DJI Phantom 3 has a programmable maximum altitude feature and is programmed for 400 feet AGL from the factory.e. Flights will be operated at a safe lateral and vertical distance from and above any

structures, buildings, vehicle, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation. f. The UAS pilot will have PIC responsibilities for the flight will be designated "Operator".

g
. The UAS will operate within a confined / designatedarea as described in the Flight Operations Manual. h. A briefing will be conducted in regard to the planned UAS operation prior to each day's event for all personnel involved.
i. The Operator (PIC) will have been trained in operations of the UAS and have accumulated sufficient flight hours (100 hours minimum in UAS) to be qualified to conduct operations. j. Written permission will be secure by property owners and clients prior to commencing any UAS flight operation. k. Any required permissions and permits will be obtained from territorial, state, county, or city jurisdiction, including local law enforcement, fire or other appropriate government agencies. l. The UAS being deployed under these exemption requests has the capability of using Global Positioning Satellite (GPS) and visual positioning system to return to its original point of take off if Radio Frequency (RF) signal connection between UAS and the radio control transmitter is lo s t. If the UAS loses flight control transmission signal, the UAS will have the capability to return to a predetermined location and land

. m. Contingency plans will be in place to safel y terminate flight if there is a loss of PIC flight controller, loss of GPS signal o r b y notification of the visual flight observer. n. The Visual Flight Observer will notify the P I C to abort the flight in case of unpredicted obstacles or emergencies. o. The UAS will not be operated within 5 nauti cal miles of an airport as denoted on a current published aeronaut i cal chart

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9. Exemption Requests The Federal Aviation Act expressly grants the F AA the authority to issue exemptions. This statutory authority, by its terms , includes ex e mpting civil aircraft, as the term is defined under 401 01 of the Act , including UASs , f rom its safety regulations and minimum standards when the Administrator deci d es a requested exemption is in the public interest

. The following are a list of Title 14 CFR ' s which th e Petitioner seeks exemption

. Please note that the Petitioner has used Exemption No

. 1 1583 to Thomas Raniere (RegulatoryDocket No

. FAA-2015-0453) as a reference. Given that the Petitioner and Mr

. Raniere

intend to use the exemption in similar manners a n d both use similar equipment , it seemed prudent not to burden the reviewer in th i s matter with exemption request that have been previously deemed that relief was no t necessary. These rules are Part 21 , 45

. 23(b), 91.9(b) (2) , 91.103(b), 91

. 109 and 91.2 0 3(a) & (b). If the reviewer believes that these rules need to be addressed in this re qu est , the Petitioner will make a supplemental request including these additional r ule exemptions. a. Rule 61.113- Private Pilot Privileges and Limitations Petitioner seeks exemption from Rule 61.113 , whi ch restricts private pilot certificate holders from flying aircraft for compensation or hi r e , and which would also have the effect of requiring a second class medical certifi cate. Aerospective, LLC will operate in only controlled areas , the UAS will be flown based on visual line of sight (VLOS) at alti t udes below 400 feet AGL. The Petitioner is employed by the Department of Defense maintains a d eployable medical readiness as required to support military deployed operations. Also, the Petitioner holds a certification in a military UAS (RQ-11B) and realizes this may not satisfy the requirement to operate as a PIC. If the requirement is not satisfied, the Petitioner will only use personnel qualified to operate as a PIC until a proper certification is held. b. Rule 91.7(a) Civil Aircraft Airworthiness There is no current FAA regulatory standard for d etermining airworthiness of UAS, and there is no certificate currently available for UAS airworthiness. Petitioner seeks an exemption for this rule by ensuring that the UAS i s in airworthiness condition based on compliance with the preflight procedures and op e rating documents prior to every flight. Flight manuals and other important documents w i ll be kept in a location readily accessible to the PIC at all times

.

c . Rule 91.119(a) Minimum Safe Altitude Rule 91.118(a) prescribes safe altitudes for the o peration of civil aircraft , but allows helicopters to be operated at lower altitudes in certain conditions

. Petitioner seeks an exemption from this rule as Petitioner will only o p erate the UAS i n a range from ground level up to but not exceeding 400 feet AGL and wi ll only operate in safe areas away from the public, thus providing a level of safety no t available to manned aircraft. The Petitioner asserts that given the size , weight , maneuverability and speed of the UAS , an equivalent or high level of safety will be achieve d that from conventional manned helicopters. Petitioner will avoid actively populated areas

. Th e se areas will be interpreted to include areas on a FVR chart depicted in yellow and will b e supplemented with information from a Flight Standards Distric t Office (FSDO)

. Petitio n er intends to operate the UAS over real estate for inspection purposes. Per the exemption granted in No. 11138 concern i ng 91.119(c) , Petitioner agrees to act in strict accordance to the exemption. However, Petitioner seeks an exemption from the rule stipulating that a UAS cannot be operated w i thin 500 feet of a structure without permission of the owner

. Given the intended us e , Petitioner will use these exemptions for photography and videography of real estate for marketing and inspection purposes agreement from the engaging property owner or their agent is an absolute necessity. The UAS will only be flown over properties with th is written permission. However , given the housing density in the Metropolitian Atlanta area , m aintaining a 500 foot distance from other structures even while strictly flying over a pe rmission granting owner ' s property is impossible in many instances

. The Petitioner see k s an exemption to this rule which would allow a 50 feet stand-off distance from oth e r structures as long as the UAS isoperated completely over and within the property boundary lines of a permission

granting property owner

. All attempts will be ma de to notify surrounding property owner of UAS flight operations. Pet i tioner agrees to al w ays keep privacy right of other property owners in mind

. d. Rule 91.121 Altimeter Settings Petitioner's UAS has GPS, Vision Positioning System and barometric sensor capability onboard. The DJI Phantom 3 Professional has a programmable maximum altitude setting. The default altitude setting is 400 feet AGL. Petition intends to use the default setting for all UAS flight operations. e. Rule 91.151 (a) Fuel Requirements for Flight in VFR Conditions Petitioner seeks relief from this rule due to the UAS being operated by battery power

. Therefore, the requirements under this rule does are not applicable. The UAS in question has First Person Vision (FPV) capabilities which transmits certain telemetry data to a monitor. The PIC can monitor certain aspects of the flight including battery level by viewing the DJI GO Application on the controller and visual light indicators on the aircraft. A typical battery for a Phantom 3 Professional will provide a 20-23 minute flight time before total depletion. PIC has the ability to monitor the battery levels at all times and will receive a visual warning when the levels reach 30% and 15% respectfully. The low battery warning alerts allows the PIC with enough battery power to safely land the UAS. Petitioner will never begin a UAS flight unless a fully charged battery is used. f. Rule 91.405(a) Maintenance Required. 91.407(a) Operation After Maintenance, Preventative Maintenance. Rebuilding or Alteration; 91.409(a) (2) Inspections; 91.417(a) (b) Maintenance Records Petitioner seeks exemption from these rules due to it being an alternate inspection requirement of 91.409(a) (2). PIC will inspect and ensure UAS is in a condition for safe flight and adhere to all operating documents. Petitioner will perform a function test flight in a safe environment and adhering to a maximum safe distance of 500 feet from personnel after maintenance or altercation that may affect UAS flight operation. 10. Supplemental Information The Petitioner has provided the following information to support these requests for rule exemptions and personal identification: Appendix a. DJI Phantom 3 Professional Manual Version 1.2 Appendix b . Aerospective, LLC - DJI Phantom 3 Professional Operating Standards Appendix c. DJI Phantom 3 Professional Quickstart Guide Appendix d. RQ-11B Training Certificate/Operator Qualification 11. Closing The Petitioner believes that exemption from the above listed Title 14 CFRs is warranted given the Petitioner's extensive experience in UAS equipment, maintenance , safety record and accumulated flight hours in both fixed wing and multi-rotor Unmanned Aerial Systems. Exemption would allow the Petitioner to operate the D JI Phantom 3 Professional for obtaining video and photography for real estate inspections and advertising, as well as other future possibilities. Petitioner will adhere to strict safety of flight standards and procedures, ensure the privacy of individuals and property are properly observed, ensure only a positive environmental impact during flight operations compared to manned fuel flight operations, and the enhanced economic benefit the Petitioner's business would have in this new area of aviation.As this class of aviation has establ i shed itself and is gaining momentum, I am applying for these

exemptions to start a new small business and be a member of this historic time in aviation. Thank you for your review of this matter

. Please feel free to contact me at any time with request for additional information regarding this matter

.

Sincerely,

Joseph Robert Charron Aerospective, LLC 3926 Harmony Church Rd. Gainesville, GA 30507 (678) 641-3604 joe@aerospecimaging.com