pg o’hara & company



### U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue SE Washington, DC 20590

04 July 2015

RE: PG O’Hara & Company’s Petition for Exemption to Operate Unmanned Aircraft Systems for Aerial Photography and Videography

Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, PG O’Hara & Company hereby applies for exemption from the Federal Aviation Regulations (FARs) listed herein and any other necessary to allow its operation of small Unmanned Aircraft Systems (sUAS) , in the advancement of corporate goals that include:

• Aerial survey of real estate (land),

• Aerial survey of structures (buildings/fixtures),

• Aerial photography.



### BACKGROUND
PG O’Hara & Company, a Washington State Corporation, has typically consulted with aerospace entities over a broad spectrum of issues, from manufacturing to flight crew training. Recently, the Company was approached by a local provider of inspection services, typically of property and structures that include industrial, residential and agricultural entities, to operate UASs in support of their business. The use of UASs enhances their business model giving them access to more effectively and rapidly asses a certain situation and at the same time increasing safety and exposure of their employees. PG O’Hara & Company is comprised of retired airline personnel primarily from Operations and Maintenance department backgrounds who are knowledgable of the National Airspace System and Federal Aviation Regulations making the Company a natural fit for UAS operation. The Unmanned Aircraft (UAS) to be utilized, DJI Phantom 3, described herein is smaller, lighter and more maneuverable than conventional aircraft. powered by non-combustible fuel source, operates at lower altitudes with no people on board and will thereby reduce current risk levels and enhance safety. With a small payload and maximum flight time of under 30 minutes, this offers little or no risk to national security.

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### THE UNMANNED AIRCRAFT (UAS)
DJI Phantom 3 Advanced/Professional aircraft are essentially the same vehicle with the exception of the camera quality, therefore operation of either craft is synonymous:

• Composite construction,

• 4 motors (quadcopter),

• 23 minute flight time

,

• Under 10 pounds takeoff weight

,

• Max speed 36 MPH (16/mps).
Digital Flight Controller with GPS/GLONASS:

• Provides Fail Safe features that allow the aircraft to return to the launch point and land automatically in the event the command and control signal is lost or the battery has reached a pre-determined threshold. If battery reaches a critical level, the aircraft will descend and land at the current location. Control of the aircraft is maintained during descent to allow the PIC to guide it to a safe landing.

• “Home Lock” function allows safe return of the aircraft in the event of a motor failure

• Contains a database of airports and restricted airspace and automatically prevents operation in these areas

• On Screen Display of Telemetry. Telemetry data on the video downlink to provide the pilot

with heading, speed, height, distance, GPS information, and current battery voltage as well as indicating proximity to airports and restricted airspace.

• Direction back to launch point is also indicated.

• FCC Compliant



### GROUND STATION EQUIPMENT

• The Phantom 3 Professional’s flight controller features several important upgrades, including a new flight mode. Safety modes include Failsafe and Return-to-Home. These features ensure the safe return of your aircraft if the control signal is lost. The flight controller can also save critical flight data from each flight to the on-board storage device

• 2.4 GHz radio control unit (FCC Licensed)

• 5.8 GHz video receiver (FCC Licensed)

• Display of video and telemetry

• Directional antenna for improved reception.

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### GROUND CREW
The ground crew required to operate the UAS will be comprised of;

• Pilot in Command (PIC). The pilot in command will possess at least a recreational pilot certificate, be proficient at UAS operations as described in the FLIGHT chapter of the User Manual, prepare for the flight activity by ensuring compliance with the Exemption, weather conditions, Area of Operations including hazards, ensure unobstructed communication with the visual observer (VO),

• Visual Observer (VO). The visual observer will provide additional situational awareness during

flight operations . The visual observer will maintain communication with the PIC at all times during flight operations and inform the PIC of any hazards to the operation.



### OPERATIONAL PARAMETERS

• The UAS will weigh less than 55 pounds.



### • Flights will be operated within visual line of sight of a pilot and/or observer.



### • Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 20 % battery power reserve should that occur prior to the 30 minute limit.



### • Flights will be operated at an altitude of no more than 400 feet AGL. Unless a specific COA is obtained, the limit will be according to the “blanket” COA of 200 feet.



### • The Pilot-In-Command will be trained and proficient in the operation/limitations of the UAS,



### • The Observer will be trained and proficient in observer duties,



### • Permission will be obtained from the property owner.



### • Pilot and observer will be able to communicate by voice at all times during the operation.



### • The UAS will only be operated during daytime hours in VFR weather conditions.



### • Operations may not be conducted aboard a moving device or vehicle.



### • Operation near airports will be conducted according to the “blanket” COA unless another COA is obtained.



### PRE-FLIGHT CHECKLIST
In addition to the preflight steps detailed in the FLIGHT chapter of the DJI Phantom 3 Advanced/Professional User Manual, the PIC will ensure the following prior to commencing flight operations:

• Area of Operation is Secure (personnel are notified, barriers are in place)

• Wind speed is 20 knots or less.

• Weather conditions are DVFR

• Note launch elevation and compute max operating altitude of 400’ AGL.

• Establish communication and confirm the operational plan with VO,

• Announce intention to take off by announcing “Take Off”.

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### DOCUMENTATION
The following documents are linked here and are provided in support of this petition.

• DJI Phantom 3 Advanced/Professiona l Release Notes

• DJI Phantom 3 Advanced/Professional User Manual

• DJI Phantom 3 Advanced/Professiona l Quick Start Guide

• Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0
http://www.dji.com/product/phantom-3/download



### REGULATIONS FOR WHICH EXEMPTION IS SOUGHT AND ARGUMENT FOR EQUIVALENT LEVEL OF SAFETY

14 CFR 21 (subpart H) Certification Procedures for Products and Parts, Airworthiness Certificates PG O’Hara & Company requests exemption from Part 21, subpart H in its entirety.

Given the UAV’s size and limited area of operation, and inability to support manned flight operations an exemption from this Part meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FAA Modernization and Reform Act of 2012. Company operated UAS and replacement parts/spares are sourced directly from the manufacturer. The UAV(S) operated by the Company do not have a airworthiness certification issued under this part, effectively rendering this part non applicable.
14 CFR 45.23 Display of Marks; General PG O’Hara & Company requests exemption from 45.23(b). Size limitations of the UAV and the fact that no pilot or passenger will occupy the craft. The registration “N” number will be affixed to the UAV and a placard with the word “Experimental” will be affixed to the pilot controller. An equivalent level of safety will be assured as the placard will be in plain view of the Pilot-In-Command.
14 CFR 45.27 Location of Marks; Nonfixed-Wing Aircraft PG O’Hara & Company requests exemption from 45.27(a) Size limitations of the UAV and the fact that no pilot or passenger will occupy the craft. The registration “N” number will be affixed to the UAV and a placard with the word “Experimental” will be affixed to the pilot controller. An equivalent level of safety will be assured as the placard will be in plain view of the Pilot-In-Command.

14 CFR 45.29 Size of M arks PG O’Hara & Company requests exemption from 45.29. Size limitations of the UAV and the fact that no pilot or passenger will occupy the craft. The registration “N” number will be affixed to the UAV and a placard with the word “Experimental” will be

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affixed to the pilot controller. An equivalent level of safety will be assured as the placard will be in plain view of the Pilot-In-Command.
14 CFR 61.56 Flight R eview PG O’Hara & Company requests exemption from 61.56. The company would like, from time to time, utilize the services of certified Commercial or Airline Transport Pilots (ATP) that are either retired from commercial or military service and no longer exercise the privileges of their certificate. In these instances it would become a burden, both logistically and financially, to both the pilot and the company to accomplish the flight portion of the Fright Review. In these instances, the pilot will be required to attend a one hour ground review with a Certified Flight/Ground Instructor as outlined in this part and then demonstrate proficiency with the UAV operated by the Company. An equivalent level of safety is assured because the vast aeronautical experience the pilot posses and the ability to maneuver the UAV under observation. The majority of UAVs, including those to be operated under this exemption, are of the “quad-copter” variety and the flight characteristics are vastly different than that of a airplane typically operated by certificated airmen during a flight review. Only those pilots in possession of a Commercial and /or Airline Transport Pilot airman certificates will be included in this exemption.
14 CFR 61.101 Recreational Pilot Privileges and Limitations PG O’Hara & Company requests exemption from 61.101(e)(4). Because the UAS is incapable of pilot or passenger carriage, the proposed operations achieve the equivalent level of safety of current operations by requiring the Pilot-In-Command operating the UAS to have at least Recreational Pilot’s certificate rather than a Commercial Pilot’s certificate to operate a sUAS, even though UAS operations receive monetary or other compensation for work performed. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a Commercial Pilot’s certificate operating a conventional aircraft for hire. The risks associated with the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by part 61 allowing UAS use by a recreational pilot as Pilot-In-Command exceeds the present level of safety sought by 14 C.F.R. 61.101 (e)(4).
14 CFR 61.113 Private Pilot Privileges and Limitations, Pilot in Command PG O’Hara & Company requests exemption from 61.113 (a) and (b). Because the UAS is incapable of pilot or passenger carriage, the proposed operations achieve the equivalent level of safety of current operations by requiring the Pilot-In-Command operating the UAS to have a Private Pilot’s certificate rather than a Commercial Pilot’s certificate to operate a sUAS, even though UAS operations receive monetary or other compensation for work performed. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a Commercial Pilot’s certificate

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operating a conventional aircraft for hire. The risks associated with the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by part 61 allowing UAS use by a private pilot as Pilot-In-Command exceeds the present level of safety sought by 14 C.F.R. 61.113 (a) and (b).

14 CFR 91.7 Civil Aircraft Airworthiness PG O’Hara & Company requests exemption from 91.7 (a). There is no Airworthiness Certificate issued for Company UAS and no FAA standard for determining airworthiness. Given the size of the aircraft and use of the guidance contained in the manufacturer’s Users Manual for maintenance and safety checks prior to flight an equivalent level of safety will be assured.
14 CFR. 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements PG O’Hara & Company requests exemption from 91.9 (b)(2). Due to the limited size of the UAS and it’s configuration it is incapable of carriage of such a Flight Manual onboard. UAS information manuals (i.e. User Manual) will be maintained in a controlled manner suitable for pilot and observer access.
14 CFR 91.103 Preflight Action PG O’Hara & Company requests exemption from 91.103 (b)(2). An approved Flight Manual is unavailable for the UAS to be utilized, however by referencing the manufacturers Users Manual for preflight actions in addition to the Pilot-In-Command reviewing weather conditions (actual and forecast), battery requirements, radio control communication and interference checks, environment and airspace considerations, and performance data prior to flight an equivalent level of safety will be assured.
14 CFR 91.105 Flight Crewmembers at Stations PG O’Hara & Company requests exemption from 91.105. Company operated UAS do not support a pilot or crewmember(s) onboard, therefore this Part is non applicable to proposed operations.
14 CFR 91.109 Flight Instruction; Simulated Instrument Flight and Certain Flight Tests PG O’Hara & Company requests exemption from 91.109. Company operated UASs are remotely piloted aircraft utilizing a single ground based control box and by design do not have fully functional dual controls.

14 CFR 91.119 Minimum Safe Altitudes: General PG O’Hara & Company requests exemption from 91.119. Company operated UAVs flights will be made without the permission of affected property owner(s) and/or local official(s). Because of the advance notice to the property owner(s) and/or participant(s) of the UAS activity, all affected individuals will be informed of the planned flight operation as compared to flight operations in conventional aircraft where notification is not as obvious prior to flight. The size, weight and noise footprint in addition to the lack of flammable fuels, deem the risk associated with UAS operations far less than that of conventional aircraft or rotorcraft operating at or below 500 feet

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AGL. Additionally, low-altitude operations of the UAS will increase separation between the UAS and conventional aircraft ensuring an equivalent level of safety is achieved

. 14 CFR 91.121 Altimeter Settings PG O’Hara & Company requests exemption from 91.121. Company operated UAS donot have a barometric altimeter, but instead a GPS digital altitude input. The Pilot-InCommand is required to confirm the GPS altitude of the launch site prior to flight, ensuring an equivalent level of safety

. 14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions PG O’Hara & Company requests exemption from 91.151. Company operated UASs batteries provide approximately thirty (30) minutes of powered flight at one hundred percent charge, The controller utilized by the Pilot-In-Command to maneuver the UAS contains a battery level indicator. Company policy require the planned landing be made at no less than twenty (20) percent battery life remaining. This procedure ensures an equivalent level of safety is maintained.
14 CFR 91.203 Civil aircraft: Certifications Required PG O’Hara & Company requests exemption from 91.203(a)(1). Company operated UASs are issued no Airworthiness Certificate nor is there a location on the UAS to accommodate such documentation.
14 CFR 91.405 Maintenance Required PG O’Hara & Company requests exemption from 91.405. Company operated UASs are issued no Airworthiness Certificate and this part is non-applicable. An equivalent level of safety will be achieved by ensuring that the UAS is in working order prior to initiating flight, performing required maintenance, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in accordance with the manufacturers Owners/Operators Manual.
14 CFR 91.407 Operation After Maintenance, Preventive Maintenance, Rebuilding, or Alteration PG O’Hara & Company requests exemption from 91.407. Company operated UASs are issued no Airworthiness Certificate and this part is non-applicable. An equivalent level of safety will be achieved by ensuring that the UAS is in working order prior to initiating flight, performing required maintenance, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in accordance with the manufacturers Owners/Operators Manual.
14 CFR 91.409 Inspections PG O’Hara & Company requests exemption from 91.409. Company operated UASs are issued no Airworthiness Certificate and this part is non-applicable. An equivalent level of safety will be achieved by ensuring that the UAS is in working order prior to initiating flight, performing required maintenance, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in accordance with the manufacturers Owners/Operators Manual.

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14 CFR 91.417 Maintenance Records PG O’Hara & Company requests exemption from 91.417. Company operated UASs are issued no Airworthiness Certificate and this part is non-applicable. An equivalent level of safety will be achieved by ensuring that the UAS is in working order prior to initiating flight, performing required maintenance, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in accordance with the manufacturers Owners/Operators Manual.



### SUMMARY FOR PUBLICATION IN THE FEDERAL REGISTER
Petitioner: PG O’Hara & Company, pursuant to 14 CFR Part 11 seeks exemption from the following Federal Aviation Regulations (FARs):
14 C.F.R §§ 21, subpart H, §45.23(b), §45.27(a), §45.29, §61.56, § 61.101(e), §61.113(a) and (b), § 91.7(a), §91.9(b)(2), §91.103(b)(2), 91.105, § 91.109, § 91.119, § 91.121, § 91.151, §91.203(a) and (b) § 91.405, § 91.407

, § 91.409, § 91.417 to operate small unmanned aircraft systems (sUAS) for the purpose of aerial survey and photography.

Respectfully Submitted this 4th day of July, 2015.

Patrick Harn Managing Director PG O’Hara & Company PO Box 7733 Tacoma, WA 98417
TEL: (206) 787-0979 Email: flight@pgohara.com

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