Benjamin Magro Coastal Helicopters Inc.

141 Peabody Road Appleton Maine 04862 bmp@benmagrophoto.com 207 323 2030

U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments:

1 ) Phantom 3 Professional (Quick Start Guide) 2 ) Phantom 3 Safety Guide

References: 1) FAA Exemption N o. 11138, Regulatory Docket No. FAA20140481 in the matter of the petition of DOUGLAS TRUDEAU

2) FAA Ex emption No. 11136, Regulatory Docket No. FAA

–2014

– 0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter of the petition of FLYING CAM INC4) FAA Exemption No.11405 , Regulatory Docket No.

FAA

- 2015

- 0118 Bryan Cherry

Dear Sir or Madam, In accordance with the FAA ’ s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012 , I Benjamin Magro president of Coastal Helicopters Inc
, referred to hereafter as the petitioner, request exemption from the following sections of Title 14, Code of Federal Regulations :
**61.113(a) ;**  **61.113(b) ;**  **91.119(c) ;**  **91.121 ;**  **91.151(a) ;**  **91.405(a) ;**  **91.407(a)(1) ;**  **91.409 (a)(1)**  **; 91.409(a)(2)**  **; 9**  **1.417(a) & (b) ;** 
In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of aerial photography, cinematography, videography, mapping, crop survey ing, inspections and other flight operations that could be performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace sy stem as compared to a manned aircraft.

Operations will be performed only at the reques t of and with the authorization and permission of clients or their authorized agents in order to facilitate commerce and raise awareness of the beneficial use s of small unmanned air sy stems s o long as such operations are conducted withinand under the conditions outlined herein or as may be

established by the FAA as required by Section 333.

The conditions identified and proposed by the petitioner are drawn from references 13.

**The FARs** The petitioner seeks exemption from the above mentioned FARs for the f

ollowing reasons ;

**61.113(a) & (b)** ; The petitioner requests relief in order to facilitate the utilization of pilots, who hold a PRIVATE PILOT (or greater) certificate. Anypilots operating under this exemption would be required to comply with any conditions as set forth and in a similar fashion to the previously granted exemptions.

**91.119(c)** As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential person s, or objects that would not be possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning the terms “ congested areas ” and “ densely populated” . The petitioner requests waiver for this conditio n to allow reasonable and responsible operations in areas of subdivisions and neighborhoods if required.**91.121** As discussed in Exemption 11138 (DOUGLAS

TRUDEAU) is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information.

**91.151(a)** As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689 , 5745, and 10650. In addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC. The UA batteries provide approximately 25 minutes of powered flight. Information provided in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on proposed operations and the location of those proposed operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable

. **91.405(a) ;**  **91.407(a)(1) ;**  **91.409 (a)(1) & (2)**  **; 91.417(a) &**  **(b)** As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner ’ s operating documents andthe conditions and limitations specified, describing the

requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety would not be adversely affected.

**The UAS**

The DJI Phantom 3 professio nal is a hi ghly successful

consum er grade small rotorcraft in the quad

- copter configuration with an advertised weight of less than 44 Ounces (1280 g) designed primarily to carry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots (1 6 m/s) and a maximum climb rate of l ess than 1200 feet per minute (5 m/s). It is powered by four electric motors with a distance between motors of less than 14 inches (350mm) It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning sy stem (GPS) to maintain its geospatial orientation and position.

It is controlled primarily through an FCC certified radio control (RC) unit at an approved frequency of 2.400 Ghz

- 2.483 Ghz . Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe mo des of operation for either loss of RC or GPS signal. Altitude canbe limited by the onboard flight controller and maximum

altitude can be preprogrammed by the PIC.

Battery life limits flight times to approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated that flight s will

usu ally last less than 15 minutes. More information is available in attachment 1 or http://www.dj i.com/product/phantom

- 3

**Risk mitigation**

The petitioner has reviewed FAA exemptions reference ’ s 13 Conditions and Limitations section and believes that the proc edures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure public safety. A preflight checklist will be developed and employ ed to ensure that the UA airworthiness will be verified before launch. Airworthine ss will be maintained by performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone components.

The petitioner request that in a manner similar to reference 3, and 4 he be allowed to operate within 5 miles of an airport provided that ;“ The UA may not operate in Class B, C, or D airspace

without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of

a non

- towered airport as denoted on a cu rrent FAA published aeronautical chart unless a letter of agreement with that airport ’

s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator ’ s COA.

The letter of agreement w ith the airport management must be made available to the Administrator upon request

. ” Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting a mechanism to facilitate such activities without requesting a new and separate exempti on(s) should the need arise. Operations within class B airspace are not requested due to the lack of mode C transponder.

**Public interest**

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to

s imilar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects that cannot be displayed through ground level videography/photography.Aerial photographyis a valuable marketing tool that can

lead to increased commerce and enhance personal photography. Crop surveying applications could lead to decreased use of pesticides and fertilizer and conservation of water as well as increased crop yields and decreased costs. Aerial surveying and inspections can increase work site efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients with photographic data for these purposes on a ‘ for hire ’ basis acting as an independent contractor. A visual observer will be utilized. Liability insurance will be obtained commensurate with the granting of this request for exemption. Flight data including UA flight time, Control Unit operation time, incident, accident, and details concerning any deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this application.

**Conclusion**

The petitioner is requesting this exemption for the purposes of “ aerial photography, cinematography, videography
, mapp ing, crop surveying, inspections and other flight operations ” similar to Reference 4

.
The reason for a broad based request is that the petitioner wishes to utilize a business strategyof capitalizing on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions.The petitioner's business model is base d on the idea of

offering small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to promote their business or hobby.

The petitioner ’ s research shows demand for these services currently exists in the real estate market and other markets

. V ideography and photography are the primary objective of this petition

.
An internet search show s that many are currently operating similar UAS in this fashion without, it is assumed, FAA authorization. The petitioner has refrained from engaging in commercial use of the UAS. The primary purpose of seeking this exemption is to obtain the capability to of fer those services while remaining in c ompliance.

The petitioner has 25 years of experience in commercial aviation and holds an FAA airman certificate, Commercial Pilot Helicopter, Flight Instructor Helicopter, Airframe and Power Plant Mechanic, Inspecti on Authorization Certificates # 3490668 and a second class medical certificate issued January 2015

. Petitioner has 2700 PIC hours in helicopters.

Respectfully submitted,

Benjamin Magro Coastal Helicopters Inc.