Kevin Patrick Coughlin

FAA Certificate # 3692332 94 Polk Street Freeport, NY 11520 917

- 309

- 6254

07 December 2015

U.S. Departm ent of Transportation, Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590 Filed with www.regulations.gov

Subject: Petition for Exem ption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Annex A: Exemption request and equivalent level of safety showings under applicable rules subject to exemption. Annex B: DJI Phantom 3 Professional User Manual Annex C: DJI Phantom 3 Professional Aircraft Specifications Enclosure 1: Operator Checklist

Dear Sir/Madam:

This petition is being submitted on m y own behalfwithout legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11.

Photostation Images LLC dba LI

- Aerial.com and All Island Aerial, is applying to conduct business as a planned aerial video and photography com pany operating a Small Unmanned Aircraft System (sUAS) equipped to conduct aerial surveying for various industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA), so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Regulations from which the exemption is requested: • 14 C.F.R. Part 21 • 14 C.F.R. 45.23 • 14 C.F.R. 61.113(a) & (b) • 14 C.F.R. 61.133(a) • 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9 • 14 C.F.R. 91.109(a) • 14 C.F.R. 91.119 • 14 C.F.R. 91.121• 14 C.F.R. 91.151(a)

• 14 C.F.R. 91 .203 • 14 CFR Subpart E (91.401

- 91.417)

The requested exemption would permit Kevin P. Coughlin, under the guise of his company, to pursue his commercial interests in providing services to consumers interested in aerial data capture using a small advanc ed sUAV in the following areas of aerial data collection (but not limited to):

• Real estate surveying, evaluation, and m arketing • Newsgathering • Governmental services • Agricultural and geological surveying and research • W ildlife, forestry, and range land research and management • Inland Search and Rescue • sUAS/sUAV safety training and flight instruction

Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include im agery (photography, video, i nfrared, etc.), electronic measurem ent (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UAS.

I, Kevin P. Coughlin, state that all sUAS flights that wi lloccur over private or controlled access property and will

do so with the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where recording will take place will be film ed.

Any person who is the acting pilot in command (PIC) will have successfully completed and passed an FAA approved ground school (minimum) and hold a current airm an medical certificate. As well as holding the necessary certifications, any person acting as the P IC will have spent significant time with the sUAV thoroughly inspecting and flying the unit in a controlled environment. The pilot in command (PIC) of the unit will also be required to keep a visual line of sight of the unit at all tim e by operating from the closest highest point on the landscape. Also, no flights will take place until the pre

- flight checklist has been completed by the PIC.

**1. CHARACTERISTICS OF THE AIRCRAFT** The DJI Phantom 3 Professional is a small and light (take

- off weight of under 55 pounds) performs precision aerial mapping missions thanks to the onboard GPS and the related flight m anagement software, including a monitor on the controller that receives footage from the camera in real tim e. This allows the operator to safely and effici ently plan a flight path, and m onitor it in real

tim e.The four main characteristics of the Phantom 3 Professional are: a. Very light weight. The Phantom 3 Professional is so light that the operator can launch it from any flat surface, let it land on alm ost any surface without requiring a parachute or landing net (belly land). Its low kinetic energy also significantly reduces the risk of hazardous situations. b. Electric

- powered. The Phantom 3 Professional is electric

- powered brushless motor technology makes it silent and reliable. Due to the lack of com bustible fuels onboard means fewer complications in the event of an
emergency. c. Sem i

- automatic flight. The artificial intelligence incorporated within the Phantom 3 Professional autopilot system continuou sly analyzes data from the onboard GPS and takes care of all the aspects of the flight under the supervision of the operator. d. Option for Manual control. Additionally, the Phantom 3 Professional provides an override capability that allows the operator to take m anual actions during the flight (Return to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the rem ote c ontroller provided with the system

.**2. APPLICATIONS AND ADDED PUBLIC VALUE**

**OF THE PHANTOM 3 PROFESSIONAL:**

The National Association of Realtors recently issued a statement requiring that any aerial (sUAS/UAS) photography and videography involved in real estate surveying, evaluation, and marketing will be conducted by those granted this exemption. As the spouse of a real estate broker licensed in the State of New York, and a shortage of qualified operators, the added marketing value of using a safe, highl y controllable device such as this to perform such detailed documentation is enorm ous.

More companies, organizations, and government entities are recognizing the need to contract licensed professionals and reduce liability, where safety is the forem ost c onsideration in all aspects of flight operations.

Research findings are being expedited by, and therefore supporting the added benefit of using a sUAS in news gathering governmental services, wildlife, forestry, rangeland research and management, and in land search and rescue training. The use of these aircraft allows professionals in the previously mentioned field to receive and understand situations better, faster, and cheaper than traditional methods.Furtherm ore, being a FAA Certificated Private Pil ot,

fully realizing the reduced cost of operating a sUAS over an airplane single

- engine land (ASEL) is exponential, not to m ention a drastic reduction of the carbon footprint in the sky utilizing renewable, rechargeable batteries in the sUAS vs. 100 Low L ead AvGas in the ASEL.

**Newsgathering:** As a form er photojournalist with working relationships among numerous local, national, and global media outlets, the value of aerial images of breaking and general news is greatly valued in the metropolitan Long Island / New York region. For the reasons stated in the aforem entioned real estate example, the use of sUAS allows news organizations and the public to receive news im ages faster, cheaper, and overall safer than traditional m ethods.

Beyond increased levels o f safety, the public stands to benefit enormously from

the news media’s use of UAS. UAS offer a unique, safe, low cost method of obtaining an aerial perspective on an area or events. From the printing press, to the internet, and everything in between, new technologies are often used to advance and protect the public’s First Amendment rights by enhancing access to important inform ation. Like the technologies that came before it, UAS offer an alternative means to gather and disseminate news and other im portant inform ation in situations where it wouldbe too unsafe or cost prohibitive to fly a conventional

helicopter. The public as a whole will benefit from the increased access to inform ation that UAS can bring to newsrooms across the country.

**Governmental se rvices:**  From tim e to time, as a fixed wing and rotorcraft aerial photographer, I am tasked to perform contract aerial survey work for local, state, county, and federal governmental bodies. Some of this work, by way of exam

ple, a proposed inland wind farm

o r a solar power field on government owned property, can be accomplished faster and in a more cost effective manner utilizing sUAS over a manned powered aircraft with the savings passed onto to the particular governmental body. Since there are no persons on board the sUAS at any given time, there is little risk to loss of life while still being able to cover the necessary area in an efficient manner.

**Wildlife:** Biologists in the wildlife field are finding that the use of sUAS units allow them to gain better understanding of population dynamics, habitat assessments, individual species fitness, individual nest status and much m ore. Traditional m ethods such as many hours on foot in the field or through aerial surveys with chartered airplanes, have been found to be costly, tim e consuming, and at times dangerous to the event of a plane crash. As mentioned in the above example, there are no persons on board the sUAS at any given tim e,therefore a very small risk to loss of life while still being

able to cover the n ecessary area in an efficient m anner.

**Forestry:** The use of sUAS to assist with forestry management practices allows the user to better understand the fitness and density of the forest tract in question. Forest m anagers are able to use sUAS units to get a better and fast idea of the density of the forest tract to aide in better thinning practices. In turn, the fitness level of the forest will be higher which has many m ore additional benefits to the wildlife and recreational users in the area.

**Rangeland:** Rangeland professionals have found that use of sUAS units have the added benefit giving them a better idea of the vegetation species in the area and how to approach safe and efficient m anagement approaches. The sUAS units also assist with increased grazing practices; which can be detrimental to the tract of land and cattle in question.

**Inland Search and Rescue:** As a First Lieutenant in the Civil Air Patrol (CAP), the official auxiliary of the United States Air Force, we perform three congressionally assig ned key missions: disaster relief, aerospace education, and emergency services which includes inland search and rescue, by air and ground. Many CAP groups and squadrons nationwide are turning to sUAS as a cost effective alternative tolaunching search and rescue sorties in CAP owned

airplanes. Tim e in assembling a search and rescue flight crew of: a m ission pilot, m ission observer, and two mission scanners can often take several hours to gather, travel to the airport, preflight the aircraft, test photo equi pment, and await a takeoff clearance. In search and rescue, every minute, and at times, every second, is crucial in conducting regular CAP tasks such as locating missing hikers,or finding the wreckage of a crashed manned aircraft. With a ready to go sUAS, one can power it up and search and film in real time a target area much faster and cheaper. Since there are no persons on board the sUAS at any given time, there is little risk to loss of life while still being able to cover the necessary area in an effic ient m anner. In addition to being an FAA Private Pilot, Certificate #3692332, I, Kevin P. Coughlin, have completed 8 hours in classroom

and practical training in the following fields: Drone Industry 101, Basic Training, and the Advanced Missions Courses co nducted by Dart Drones, an FAA Exem

pt Company, FAA Exemption #11625. (PDF’s of m

y certificates are attached). I intend to share m

y knowledge learned in these intense courses with hobbyists and those interested in pursuing sUAS on a commercial basis.

**OPER ATING CONDITIONS**  Grant of the exemption to Photostation Images LLC dba LI

- Aerial.com

and All Island Aerials, for the DJIPhantom 3 Professional, who will be subject to the

following operating conditions, based on the operating conditions set forth by the U ser Manual (see Annex B), and the factors the FAA is to consider under section 333.

The m ain restrictions are summarized below:

• Operations to be conducted over private, controlled

access, or public property where approved; • Perm ission from the land owner/authority required before commencing any flight; • Operations over congested areas shall be avoided; • Operations must not interfere with m anned aircraft operations, m

ust yield the right of way to m anned aircraft, and operators must See & Avoid other aircraft and obstacles at all tim es; Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours; • Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually m onitored at all tim es; • VLOS guaranteed with a GPS geo

- fence around operator of 0.5 miles and a flight ceiling preprogrammed at 400 feet AGL; • All operations conducted within 5 m iles from an airport shall only be initiated after verbal coordination with the airport authority, or air tra ffic control when acontrol tower is present at the airport;

• All operations shall comply with required permissions and permits established by territorial, state, county or city jurisdictions; including local law enforcement, fire, or other appropriate go vernmental agencies; • The DJI Phantom

3 Professional operations will be compliant with existing safety procedures inherent to the activities of the related company. • Due to the geographic locations of work type, most surveying will be completed in areas away from airports and/or highly populated areas.

**CONCLUSION** Werespectfully request exemption under Section 333 to enable Photostation Im ages LLC dba LI

- Aerial.com and All Island Aerials to operate efficient, limited, low

- risk commercial sUAV operations for the activities stated, respecting at all tim es the space and privacy of citizens and property while keeping our skies safe.

Sincerely, Kevin Patrick Coughlin FAA Certificate # 3692332 94 Polk Street Freeport, NY 11520 917

- 309

- 6254

ANNEX A: EXEMPTI ON REQUEST ANDEQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION Photostation Images LLC dba LI

- Aerial.com and All Island Aerial, requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the DJI Phantom 3 Professional: 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitl ed Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the DJI Phantom 3 Professional, it is small (59cm diagonally including propellers) lightweight (under 55 pounds) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption me ets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certifi cate, upon consideration of the size, weight, speed, operationalcapability, and proximity to airports and populated areas

of the UAS involved. An analysis of these different criteria demonstrates that the DJI Phantom 3 Professional operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate.

14 CFR § 45.23 Display of marks; general and 45.29 Size of m arks. These regulatio ns provide that each aircraft must display "N" and the aircraft's registration num ber in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockp it, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENT AL" in the placard on the top of the aircraft, as shown above , where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation . Additionally, we feel that the permanent placard discussed i n the previous paragraph will provide the aircraft's registration inform ation at the ground station. Finally, we will display at the ground station a high contrast flagor banner that contains the words "Unmanned Aircraft

Ground Station" in letters 3 inche s high or greater. Since the aircraft will operate within 1 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR § 61.113 Private pilot privileges and lim itatio ns: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a privat e pilot to act as pilot in command of an aircraft in connection with any business or employm ent if: (1) The flight is only incidental to that business or employm ent; and (2) The aircraft does not carry passengers or property for compensation or hire. Our p roposed operations require that the PIC m

ust hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we m eet the intent of 61.113 Subparagraph (b) even though the intent of this applic ation is to conduct a business.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Lim itations; Pilot in Command;Commercial Pilot Privileges and Limitations.

The regulation provides that no person may serve as a required pilot flight c rew member of a civil aircraft of the United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising th e privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business

or em ployment if: (1) The flight is only incidental to that business or employm ent; (2) The aircraft does not carry passengers or property for com pensation or hire. Given the safety features of the DJI Phantom 3 Professional, and the fact that the missions are monitored in real

- tim e, I, Kevin P. Coughlin, propose that operator s of the DJI Phantom 3 Professional should not be required to hold a commercial or private pilot certification. Instead, operators should be required to have successfully completed and passed an FAA approved ground school (minimum) and hold the appropriate class level of airm an m edical certificate.14 CFR § 91.7 Prohibits the Operation of an aircraft

without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C FR § 91.9 Civil aircraft flight m anual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight m anual is in the aircraft. We assume that the intent of this requirem ent is
to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry docum entation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and m eet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR § 91.109 Flight Instruction; Sim ulated instrument flight and certain flight tests. The regulation states "No person m ay operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System groundbasedcontrol station consists of a small hand

- held radio

transmitter and while it does not offer a second set of "controls", the DJI Phantom 3 Professional does offer a “Sm art” flying mode that consists of a geo fence. This geo fence pr events the sUAV from traveling no further than 1⁄2 m ile away from

the operator. The DJI Phantom 3 Professional has a “return to home” feature that automatically flies and lands itself back to the original take off point. It also features a “failsafe return” feature, where if communications are lost with the controller, the DJI Phantom 3 Professional will automatically return to its point

- of

- origin and safely land. Any new PIC, which has completed an FAA approved ground school and holds the proper class level airman medical certificate, will fly in “smart” m ode in a controlled environment until deemed safe to operate the unit on his/her own.

14 CFR § 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where
perm ission has been obtained and careful pre

- planning has been conducted. The aircraft will be operated at alow altitude allowing, if a power unit fails, an

emergency landing w ithout undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exempt ion.

14 CFR § 91.121 Altimeter settings. The regulation requires that aircraft shall m aintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need t o m aintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout. 14 CFR § 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of inten ded landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is batteryoperated and the m axi mum duration of flight from a single batte ry charge is 23 minutes. Since the aircraft will never be flown more than 1.2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. Further, a “bingo” calculation

w ill be conducted and monitored to ensure the sUAS can safely return to its point

- of

- origin without undue risk exposure. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word “energy".

14 CFR § 91.203 (a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate m ust be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." Without a storage compartm ent, and weighing 1280g (including battery and propellers), the sUAS is too small to carry documentati on, does not have an entrance, and is not capable of carrying passengers or

crew.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemedappropriate for this aircraft by the FAA will be co

located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the inform ation found on airworthiness and registration certificates be permanently affixed to the aircraft via placard contai ning the following information plus the word "EXPERIMENTAL" to satisfy the requirem ent of 14 CFR § 45.23.

14 CFR Subpart E (§ 91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations.

The regulation provides that the operator is primarily
resp onsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and ins pection. It is our intention that the PIC perform

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service". The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checkingelectrical connections and

updating software and firmware for the on

- board compute r. All other m aintenance will be performed by the m anufacturer or their designated repair facility. The PIC will document work perform ed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. ANNEX B: DJI PHANTOM 3 PROFESSIONAL USER MANUAL. http://download.djiinnovations.com/downloads/phantom _3/en/

Phantom_3_Professional_User_Manual_v1. 2_en.pdf ANNEX C: DJI PHANTOM 3 PROFESSIONAL AIRCRAFT SPECIFICATIONS. http://www.dji.com/product/phantom

- 3/spec