Charles A. Brisbane Jan. 26 , 2015

Charles A. Brisbane, Inc. 10 Valley Road Locust Valley , NY 11560

- 2603 Cell ( 516 ) 3 13 5919 Email: cb@chadbrisbane.com
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 2 Vision+ User Manual V1.6 2) Phantom 2 Vision Plus (Quick Start Guide) 3) Phantom pilot training guide V1. 1 4) Flight L og

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 in the matter of the petition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. FAA

– 2014

– 0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 3) FAA Exempt ion No. 11080 Regulatory Docket No. FAA20140355 in the matter of the petition of FLYI NG CAM INC

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
, Charles A. Brisbane
, DBA as Charles A. Brisbane, 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) ;**  **91.417(a) & (b) ;**  i n order to operate small unmanned aircraft sy stems (UAS) commercially in the National Airspace S ys tem (NAS) regulated by the Federal Aviation Administration (F AA) for the purposes of aerial photography , cinematograph y, videograph y, and other flight operations that could be performed safel y and more cost effectivel y with the use of small UAS at low altitude within the U.S. NAS as compared to a manned aircraft. Commercial o perations will be performed onl y at the request of
, and with the authorization and permission of clients or their authorized agents in order to facilitate commerce and raise awareness of the beneficial uses of small unmanned air craft sy stems.

O perations will be conducted within and under the conditions outlined herein or as may be established b y the FAA as required b y Section 333. The conditions identified and proposed b y the petitioner are drawn from references 1

- 3.The majority of this reque st for exemption will be based on prior **Exemption No. 11138** issued to **Mr. Douglas Trudeau, Realtor**  , issued by the **Federal Aviation Administration** on **January 6, 2015, Regulatory Docket No. FAA** 

**- 2014** 

**- 0481**  . My request for exemption will utilize the same make and model of UAS

. The petitioner, Charles A. Brisbane, is an FAA certificated **, Commercial Single and**  **Multi**

**- Engine Instrument Airplane**  **Pilot** with approximately 450 hours

**.** The Petitioner is also

a **New York State licensed Real Estate Broker.** The petitioner has 6 y ears ’ experience with remotely operated VLOS Unmanned model aircraft both in single and multi

- rotor UAS ’ s (Draganfl y X6).

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

reasons ; **61.113(a) & (b**  **)** ; The petitioner requests relief in order to facilitate the utilization of an experienced UAS operator with the a ddition of a trained observer. All pre

- flight inspection, maintenance and flight logs will be saved and made available to the FAA an d Secretary of Transportation (SoT) for review ; with the purpose of safel y integrating civil UAS operation in the National Airspace Sy stem

. **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 persons, or objects that would not be possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning the terms “ congested area s ” and

“ densely populated” . The petitioner requests waiver for this condition to allow reasonable and responsible operations in areas of subdivisions and neighborhoods if required. The petitioner will primarily operate the UAS between ground level and 2 00 feet AGL, but never above 300 feet AGL

. The UAS will be operated over designated properties with the

owner’ s consent and while maintaining a safe distance from persons. The petitioner will compile flight data from the logs. This data may assist the FAA in development of regulations for commercial operations in low

- risk, controlled environments. **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 1 0673 for day time, VFR conditions. The UAS provides battery

power remaining in percent to the PI C. 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 acondition 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, T he FAA found that a reduced minimum power reserve for flight in day time VFR conditions was reasonable. No UAS operations will be conducted at night, as defined b y Federal Aviation Regulations

. **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 and the conditions and limitations specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safet y would not be adversely affected.

**The UAS** The DJ I Phantom 2 vision + is a highl y successfu l consumer grade small rotorcraft in the quad copter configuration with an advertised weight of less than 44 Ounces (1242g) designed primarily to carry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots (15m/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered b y 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 primaril y through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PI C to monitor battery

level, GPS signal strength, altitude (AGL), distance from PI C, camera imagery , and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed b y the PI C. 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 f light and landing will be initiated when the battery

reaches a predetermined low state. It is anticipated that flights will usually last less than 12 minutes. More information is available in attachment 1

. **Risk mitigation** The petitioner has reviewed FAA exemptions reference ’ s 1

- 3 Conditions and Limitations section and believes that the procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure public safet y. A preflight checklist will be developed and employ ed to ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone components. The se documents will be made available to the FAA and SoT to assist in future implementation of safet y standards and regulations. The petitioner will only operate the UAS over designated properties with the owner’ s consent. Flight plans will be predetermined to limit the UAS s flight time and limit safety

concerns. The petitioner will take into account distance from persons and potential flight obstacles prior to operating the UAS. UAS operation will alway s be within VLOS of the PI C and the observer.**Public interest** 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar 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 propert y owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their desired ph otographic subjects that cannot be display ed through ground level videography /photography . Aerial photography is a valuable marketing tool that can lead to increased commerce and enhance personal photography . Aerial surveying and inspections can increase w ork 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. Flight data i ncluding 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. This data may b e submitted to FAA via traditional means or other means as required.

**Conclusion** The petitioner is requesting this exemption for the purposes of “ aerial photograph y, cinematograph y, videography , inspections and other flight operations ” . The reason for such a general and broad based request is that the petitioner wishes to utilize a business strateg y of horizontal integration and maximize economies of scope in order to capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions. The petitioner's business model is based on the id ea of offering ad hoc small UAS services to individuals or companies who wish to e mploy these services as a safe, effective, and legal option to enhance their business or hobb y. 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 offer th ose services while remaining in compliance. The petitioner has practiced multi

- rotor UAS video and photograph y as a hobbyist, beginning training December 2008 on the Draganfly

X6 at their facility

in Saskatchewan, in the certain knowledge these operations will benefit his clients one day

. Respectfully

submitted
,

Charles A. Brisbane , President
Charles A. Brisbane, Inc.