## Updated V.2 2015



## Petition for Exemption Pursuant to Se ction 333 of the FAA Reform Act

Florida Drone Pros, LLC

Petitioner

LEE BORKOWSKI/SPORT PILO T/UAS PILOT/COMPANY OWNERFlorida Drone Pros, LLC 1 | Page Re

- Submitted: Oct 19th , 2015

U.S. Department of Transportation Docket Operations

We st Building Ground Floor, Room W 12

- 140
1200 N ew Jersey Ave SE, Washington, DC 20590



### RE: Peti tion of Florida Drone Pros, LLC for Exemption Pursuant to Section 333 of the FAA
Reform Act

I ntroduction and I nterest of P etitioner :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ( Public Law 112

- 95 the Reform Act) and 14 C.F.R. Part 11. 81, Florida Drone Pros, LLC ( Petitioner ) , hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its small, unmanned aircraft

, which include s a DJI Phantom 2, DJI Phantom 3 and a DJI Inspire 1 for Film/Television and Aerial data collection . All operations shall be conducted within and under the conditions and limitations outlined previously by the FAA as required by Section 333 and conducted in compliance with the attached operator’s manuals.

The current Sport pilot / UAS Pilot/ owner of Florida Drone Pros, LL C g rew up flying with his family in Piper Cubs and Cessna 172’s from a very young age and h as been safely flying small R/C helicopters and multi

rotor copters recreationally for 20 year s without incident. This makes him very safety conscious and a highly p racticed R/C helicopter and quadcopter pilot logging thousands of hours in

- flight along wi th building, maintenance and repair of UAS equipment. He also has been a professional ly licensed U.S.
Coast Guard C aptain for most of his life on vessels up to 170’ for h ire. His career and experience makes
Florida Drone Pros

, LLC, a n extremely low risk candidate for Exemption 333.

Name , a ddress and contact info of petitioner :

Leon P. Borkowski Sport Pilot/ UAS Pilot/ President Florida Drone Pros, LLC

P.O. Box 22205 Ft. Lauderdale, FL. 33335 (954) 646

- 4435

F loridadronepros@gmail.comFlorida Drone Pros, LLC 2 | Page 

## TABLE OF CONTENTS

PAGE

SUMMARY

................................ ................................ ................................ ................................ .................... 1

INTRODUCTION AND INTE REST OF PETTIONER

................................ ................................ ........................... 1

NAME, ADDRESS AND CONTACT INFO OF PETITIONER

................................ ................................ ............... 1

TABLE OF CONTENTS

................................ ................................ ................................ ................................ .... 2

THE SPECIFIC SECT IONS OF 14 C.F.R. FROM WHICH FLORIDA DRONE PROS, LLC. SEEKS EXEMPTION

....... 3

THE EXTENT OF RELIEF FLORIDA DRONE PRO S, LLC SEEKS AND THE REASON FLORIDA DRO NE PROS,

LLC SEEKS RELIEF

................................ ................................ ................................ ................................ ...... 3

- 4

THE REASONS WHY GRANT ING THE FLORIDA DRONE PROS, LLC REQUEST WOULD BE IN THE

PUBLIC BENE FIT

................................ ................................ ................................ ................................ ............ 5

THE REASONS WHY GRANTING THE EXEMP TION TO FLORIDA DRONE PROS, LLC WOULD NOT

ADVERSELY AFFFECT PUBLIC S SAFETY

................................ ................................ ................................ ..... 5

- 7

SUMMARY THAT CAN BE PUBLISHED IN THE FED ERAL REGISTER

................................ ............................... 7

ADDITIONAL INFORMATION, VIEWS, OR A RGUMENTS AVAILABLE TO SUPPORT FLORIDA DRONE PROS,
LLC REQUEST

................................ ................................ ................................ ................................ ................ 7

CONCLUSIO N

................................ ................................ ................................ ................................ ................ 7

APPENDICES (OPERATIONS MANUAL)

................................ ................................ ................................ ......... 8Florida Drone Pros, LLC 3 | Page 1. The specific sections of 14 C.F.R. from which Florida Drone Pros, LLC seeks e xemption :

a. 14 CFR Part 21, subpart H

I. 61.23(a) and (c)

II. 61.101(e)(4) and (5)

III. 61.113(a)

IV. 61.315(a)

V. 91.7(a)

VI. 91.119(c)

VII. 91.121

VIII. 91.151(a)(1)

IX. 91.405(a)

X. 91.407(a )(1)

XI. 91.409(a)(1) and (2)

XII. 91.417(a) and (b)

2. Extent of Exemption 333 r elief sought:

a. Florida Drone Pros, LLC desires to operate small Unmanned Aircraf t Systems ( UAS) for commercial purposes to i nclude (but not be limited to) Film/ Television and filming for Aerial Data Collection . This
relief is so ught because commercial use of UAS is currently prohibited by law unless performed under an exemption.

b. This exemption will cover use of the following registered, marked and commercially proven airframes which are common to past UAS E xemption 333 approvals , all weigh ing less than 55 pounds incl uding payload and will not exceed speeds of 50 knots :

I. DJI Phantom 2

a. Weight (Battery & Propellers Included) 1000g

b. Hover Accuracy Vertical: 0.8m; Horizontal: 2.5m

c. Max Flight Speed 15m/sec

d. Diagonal Length 350mm

e. Flight Time 25mins

f. Operating Temperature

- 10°C ~ 50°C

g. Mode GPS/GLONASS

h. (see www.dji.com/product/phantom

- 2 )Florida Drone Pros, LLC 4 | Page II. DJI P hantom 3

a. Weight (Including Battery and Propellers) 1280 g

b. Diagonal Size (Including Propellers) 590 mm

c. Hover Accuracy Vertical: +/

- 0.1 m or +/

- 0.5 m Horizontal: +/

- 1. m

d. Max Speed16 m/s (ATTI mode, no wind)

e. Operating Temperature 0°C to 40°CGPS

f. Mode GPS/GLONASS

g. (see http://www.dji.com/product/phantom

- 3 )

III. DJI Inspire 1 Model T600

a. Weight (Battery Included) 2935 g

b. Hovering Accuracy (GPS Mode) Vertical: 0.5 m Horizontal: 2.5 m

c. Max Speed 22 m/s (A TTI mode, no wind)

d. Max Flight Time Approximately 18 minutes /22 minutes with large capacity battery

e. Operating Temperature Range 10° to 40° C '

f. Dimensions 438x451x301 mm

g. (see http://www.dji.com/product/inspire

- 1 )

IV. 3Drobotics Solo https://3drobotics.com/kb/solo

- user

- manual/

V. Additional airframes that are acquired in the future by Florida Drone Pros, LLC will be added

to the exemption and COA by future amendments.

c. A fter receiving a n FAA E xemption 3 33 and COA Florida Drone Pros, LLC i ntends to primarily

concentrate on Film/Television production

, including real e state and yacht photogra phy a nd will eventually pursue other data collection markets

, which include but are not limited to : new construction progress documentation, investor due diligence, site planning, industrial & property inspections, building envelope inspections, equipment monit oring, event documentation, insurance documentation, precision agriculture, canopy observations, disaster surveys, bridge & building inspections, erosion monitoring, crop h ealth and filming of special e vents

.

3. Several reasons why granting Florida Dron e Pros, LLC r equest would be in the public benefit :

a. Use of this UAS technology to obtain images, video , information and data collection are currently obtained by using m anned flight or manual methods:Florida Drone Pros, LLC 5 | Page i. Reduces human risk of life due to manned aircraft accidents and risks due to other dangerous activities that can be avoided (Large booms, scaff olding and rigging failures that can and do occur during photography, and industrial inspections).

ii. Reduces impact on the environmental by eliminating hydrocarbon emissions produced by manned aircraft.

iii. UAS lower the cost of obtaining such film and data, which benefits consumers, creates jobs and improves the economy.

4. The reasons why granting the Exemption 333 to Florida Drone Pros, LLC would not adversely affect
the public’s safety :

a. Aircraft will be registered and marked in accordance with Section 44711 and Part 47 and Part 45, Subpart C.

b. Aircraft will comply with maintenance and inspection requirements of the manufacturer. Al l repair and maintenance work will be conducted or approved by qu alified personnel author ized by Florida Drone Pros, LLC and will require a test flight after such work. Records of all maintenance and repair work will be kept in a maintenance log for each a ircraft.

c. All flight operations will be conducted by at least two individuals (PIC and observer) who will maintain
verbal communication with each other at all times during the flight and who will remain sta tionary on the ground during flight operations:

d

. A Pilot i n Command (PIC) who possess the following credentials:

i. An Airman Certificate issued under 14 CFR 61 ( minimum Sport pilot license) screened by

the TSA

ii. UAV Pilot will hold a valid Driver’s License to comply with the FAA medical requirement

iii. A bi

- annual flight review under 14 CFR 61.56

iv. Successful completion of a UAS knowledge test in a specified form.

v. At least 200 cycles and 25 hours of flight experie nce in a UAS rotorcraft. Such cycles and

hours may be gained during fl ights under this exemption if a safe distance is maintained

from persons in accordance with 14 CFR 91.119

vi. At least five ( 5 ) hours of flight experience and three ( 3 ) takeoffs and landings in make

an d model being flown in the prior 90 days. Such cycles and hours may be gained during

flights under this exemption if a s afe distance is maintained from persons in accordance

with 14 CFR 91.119.Florida Drone Pros, LLC 6 | Page e. A Visual Observer

f. A Sensor Operator as necessary

g. All flight operations will be conducted in accordance with valid Certificates of Authorization

h. Al l flight operations will comply with the following:

i. The manufacturers’ user manuals.

ii. Florida Drone Pros, LLC. Flight Operations and Procedures Manual (FOPM) and Airc raft

Flight Manuals (AFM) which include lost communication and other emergency and

saf ety procedures

iii. Conducted in VMC (Visual Meteorological conditions ) during daylight hours.

iv. PIC (Pilot in command) and VO (Visual observer) will maintain VLOS (Visual Line of Sight)

at all times.

v. Pre

- flight inspections (including ground control s tation, if a ny) and safety risk

assessments will be conducted prior to each flight.

vi. Flig ht altitudes will remain below 2 00 feet above ground level.

vii. Flight ground speeds will not exceed 50 knots.

viii. Flights will n ot intrude into Class B, C or D airspace, or published approach, SID or STAR,

or take place within 5 nautical miles of an airport.

ix. Flights will n ot be made near persons as required in 14 CFR 91. 119 and not be over
persons on the ground without their prior permission.

x. Each flight will be logged in both th e PIC ’s logbook and the UAV logbook.

xi. Not exceed 75% of the bat tery or fuel capacity of the UAS

.
xii. Any incidents which result in injury to an individual or damage to property other than

the AUS will be reported within 24 hours of occurrence.

xiii. Florida Drone Pros, LLC will maintain liability insurance issued by a major insurance

underwriter.

xiv. Any applicable local FSDO requirements.

xv. All other applicable regulations concerned with the operation of aircraft.

Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with well

- defined a nd

tested lost link procedures.Florida Drone Pros, LLC 7 | Page Summary that can be published in the Federal Register:

In the matter of the petition for exemption of Florida Drone Pros, LLC for an exemption seeking relief from the requirements of sect ions 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), concerning commercial Film/Television and filming operation of 3Dro botics Solo, DJI Phantom 2, DJI Phantom 3, DJI Inspire 1 Unmanned Aircraft Systems pursuant to Section 333 of The FAA Modernization and Reform Act 2012 (PUBLIC LAW 112

- 95)

A dditional information, views, or arg uments available to support Florid a Drone Pros , LLC request

The requested exemption wou ld not set a precedent a nd i n consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation , Florida Drone Pros,
LLC’s operation of DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Conclusion:

Thank you in advance for you r time and consideration invol ved in granting this Exemption

. If you need any other additional information feel free to contact me.

Sincerely,

__________________________ Leon P. Borko wski Sport Pilot/ UAS Pilot/President Florida Drone Pros, LLC
P.O. Box 22205 Ft. Lauderdale, FL 33335 (954) 646

- 4435 Floridadronepros@gmail.com

Appendices:Florida Drone Pros, LLC 8 | Page A. Operations Manual attached This confidential, proprietary material is property of Florida Drone Pros, LLC. We respectfully ask that it remain private and not be shared with the public. It will be mailed with the signed original documents.

B. DJI Phantom 2 User’s Manual http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

C. DJI Phantom 3 Professional User’s Manual http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.p
df

D. DJI Inspire 1 User’s Manual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

E. 3Drobotics Solo https://3drobotics.com/kb/solo

- user

- manual/Florida Drone Pros, LLC 9 | Page