U.S. Department of Transportation October 28, 2015

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Chadwick J. Dees Section 333 Petition to Operate Small Unmanned Aerial Systems

Prepared by: Chadwick J. Dees 127 Wells CT. Canton, MS 39046 601

- 807

- 1672 Chadwick.dees@gmail.com**Petition Summary**  :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112

- 95 (2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's ("FAA") general exemption authority under 49 U.S.C . section 44701 (f), Chad wick J. Dees ("Petitioner") hereby petitions for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)

- (b), 91.103(b)(1), 91.119(c), 9 1.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2}, and 91.417(a)

- (b). The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of small unmanned aircraft systems ("UAS") meeting or exceeding all of the operational and safety requirements Congress have set forth in Section 333.
Petitioner is certificated pilot with CSEL and CFI ratings that plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Re mote sensing

- Telecommunications

- Agriculture

- Aerial filmmaking and photography

- Energy systems inspections and asset management

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

- Pipeline inspection and patrolling
**Statutory Authority** Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", and provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) st ates that the FAA "shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b}(1) of this Act or the guidance required by se ction 334 of this Act." In Section 332(b}(1),Congress made it clear that Section 333 provides a mechanism for "expedited operation

authorization" if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS opera tions. **The Petitioner Requests Relief from**  **the Following** : Section 61.113(a) and (b) prescribes that

- (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensatio n or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight i s only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become famil iar with all available information concerning that flight, to include

- (a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be compl eted, and any known traffic delays of which the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.Section 91.119 prescribes that, except when necessary for t akeoff or landing, no person

may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude o f 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- con trol aircraft. If the operation is conducted without hazard to persons or property on the surface

- (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.
Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "to the elevation of the departure airport or an appropriate altimeter setting available before departure."
Section 91.15 1 (a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, (1) dur ing the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. [ Emphasis added]Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall

have that aircraft inspected as p rescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under§ 43.11 of this chapter shall be retaine d until the defects are repaired and the aircraft is approved for return to service. **The Petitioner has supplied**  **the Following Additional Information:**
**DJI Phantom 3 Advanced** Weight (Including Battery and Propellers) 1280 g Diagonal Size (Including Prope llers) 590 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/s Hover Accuracy Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m Horizontal: +/

- 1.5 m Max Speed 16 m/s (ATTI mode, no wind) Max Altitude above Sea Level 6000 m Operating Temperature 0°C to 40°C GPS Mode GPS/GLONASS**Remote Controller**

Operating Frequency 2.400 GHz

- 2.483 GHz Max Distance Up to 5 km or 3.1 miles (unobstructed, free of interferences) when it is FCC compliant Up to 3.5 km or 2.1 miles (unobstructed, free of int erferences) when it is CE compliant Video Output Port USB Operating Temperature 0°C

- 40°C **Battery** 6000 mAh LiPo 2S Mobile Device Holder For tablet or phone Receiver Sensitivity (1%PER)

- 101 dBm ±2 dBm Transmitter Power (EIRP) FCC: 20 dBm CE: 16 dBm Workin g Voltage 1.2 A @7.4 V Battery Charger Voltage 17.4 V Rated Power Phantom 3 Advanced 57 W **Intelligent Flight Battery** Capacity 4480 mAh Voltage 15.2 V Battery Type LiPo 4S Energy 68 Wh Net Weight 365 g Max Flight Time Approximately 23 minutes Operating Temperature

- 10°C to 40°C Max Charging Power 100 W**Unmanned Aircraft System**

The petitioner states that the unmanned aircraft (UA) to be operated under this request is less than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neit her a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Pilot Training G uide. The craft is the Phantom 3 Advanced manufactured by DJ I. The quadcopter has 4 motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the craft has integrated safety features built into the design of the UAS, as described in the Pilot Training Guide, to ensure the safety of persons and property within and surrounding the limited operating area. The petitioner further describes that, in the event the UAS loses communications or its GPS signal, the UAS will have the capability to return to a pre

- determined location within the Security Perimeter and land. It will also have the capability to abort a flight in the event of unpredicted obstacles or emergencies. Petitioner's UAS will be identified by serial numb er; registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.
**Pre -** **flight Inspection, Maintenance** Before each flight the PIC will perform a series of pre

-flight and takeoff checks as defined by the Pilot Training Guide supplied. After each 60 minutes of airtime, the craft will undergo a thorough inspection of all aircraft components, including, but not limited to: a. Actuators and Servos b. Motors, wiring and connectors c. Propellers, smooth, no chips d. Electronic speed controller, wiring and connectors e. Batteries, wiring and connectors f. Remote command and control g. Ground control station**UAS Operating Parameters**

The pet itioner states that all flights will be operated within visual line of sight (VLOS) of pilot, in daytime VFR flight conditions and all operations will be conducted with the assistance of a second spotter/observer. The UAS flights will be limited to a maxim um altitude of 400 feet AGL. Altitude is accurately measured by GPS. The petitioner further states that an operator will ensure that only consenting production personnel will be allowed within 100 feet of the UA operation, and UAS will be kept at least 100 feet from any inhabited structure. Generally the petitioner's UAS will be operated in rural or suburban areas that will permit significantly larger safety zones. Flight Standards District Offices (FSDOs) will be notified as required prior to operations t o describe intended coordination for proposed operation(s). Petitioner will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization ("COA") prior to conducting any operations under this grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to request a NOT AM not more than 72 hours in advance, but not less than 48 hours prior to the operation Petitioner's UAS will remain clear and yield the right of way to all manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasaili ng activities, and hang

-g liders). Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non

-towered airport unless a letter of agreement with that airport's management is obtained and the operation is conducted in accordance with a Notice to Airmen ("NOT AM"). **Pilot in Command (PIC)** Regarding Petitioner's requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply with the other applicable procedures and requirements stated in§ 91.1 03(a) and (b). Specifically, the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and tak eoff distances before initiation of a flight. The PIC will also account for all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC's and VO's ability to see other air traffic and initi ate a return
-to
- home sequence if needed. Radio FrequenciesRadio frequencies used will be those allotted by the FCC for data transmission and

vehicle control in unlicensed frequency bands. All devices used will comply with FCC usage and emissions regulat ions. **Safety and Benefits of the UAS** The petitioner will be using the UAS in a variety of applications that generally require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer many benefits over the use of full

- sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, and film and still photography. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passeng ers or crew creates a much greater margin of safety for the pilots and crew. By granting Petitioner's requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Petitioner is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, th e FAA has good cause to grant this Petition.

**Conclusion** For the foregoing reasons, the exemptions requested herein should be granted and Petitioner should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. Sincerely, Chadwick J. Dees