**U.S. Department of Transportation**

**Docket Management System 1200 New Jersey Avenue, SE**  **Washington, D.C. 20590**

**Wolfgang Weber**
1517 E Garfield Ave.

Unit# 33
Glendale, CA 91205 (941)

-448

- 8374
Email weberact@hotmail.com

To whom it may concern , **II**

**. The Specific Sections of Title 14 of the Code of Federal Regulations From Which**  **Wolfgang Weber Requests Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) &**  **(b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).** 

**III. The Extent of relief Wolfgang Weber seeks and the Reason He Seeks Clearance**  **:** Requesting exemption to safely operate the **DJI Inspire**  **1 ,**  **DJI Inspire**  **1 Pro** **fessional, DJI**  **Phantom 3**  **, and**  **3DRobitics Solo**  when we ighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption. I, Wo lfgang W eber , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, Wo lfgang W eber , contemplated commercial cinematic, academic and other flight operations within t he national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace systemas it is in the public’s interest to do so. My, Wo lfgang W eber, ultra lightweight UAS ’s

meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore th e integration of my ultra lightweight UAS ’s is expressly contemplated by the Reform Act. I would like to operate my ultra lightweight UAS ’s prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such crafts . Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography. T he Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Wh ether the UAS will be operated near airpo rts or heavily populated areas; and, Wh ether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflects in favor of an exemption for me, Wo lfgang We ber . M y UAS ’s utilizes four (4) counter

- rotating propellers for balance, control and stability. My UAS ’s are equipped with GPS and auto return safety technology. We ig hing less than five ( 8 ) p ounds (far below the maximum 55lbs limit); including camera with gimbal. I, Wo lfgang W eber, consider safety the most important with each flight. My small

unmanned aircraft’s are designed to hover in place via GPS and operate in less than a 24

- knot (15 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph). Built i n safety systems include a GPS mode that allows my UAS ’s to hover in place when radio controls are released. This is the safest, most reliable and stable mode to prevent accident and hazard. W hen pilot communication is lost UAS is designed slowly descend to point of take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My UAS ’ s are capable of vertical and horizontal operations, and are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights gen erally last between five (5) to 10 (10 ) minutes, with an a ltitude under two hundred (200 ) feet. I, Wo lfgang Weber , utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is fifteen ( 15 ) to twelve (23 ) minutes as tested. I do not operate my UAS ’s at o r below manufacture recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve b atteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taki ng risk that may cause a crash t hat could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake of safety of others and myself

. I, Wo lfgang W eber , am extremely ca utious when operating of my UAS ’s/ultra light weight unmanned aircraft’s and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS ’s it falls well within Congress ’s contemplated safety zone when it promulgated theReform Act and the corresponding directive to integrate UAS's into the national airspace

system. Wo lfgang W eber’s UAS ’s , used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

**IV. How Wolfgang Weber**  **Request Will Benefit the Public As A Whole:** Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense. Depriving non - luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through potent ial catastrophic crash that of the residents of Southern California

. Wh ich could result in the loss of life. Each wit h combustible fuel that exploded and burned on impact. Police helicopters have made emergency hard landings within city limits. My, Wo lfgang W eber’s , UAS ’s pose no such threat since size and lack of combustible fuel alleviates any potential threat to the p ublic. Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my, Wo lfgang We ber’s , exemption request furthers the public i nterest through academic/visual awareness of the geographical benefits in and around the Los Angeles C ounty area. My ultra lightweight UAS ’s are battery powered and creates no emissions that can harm the environment. The consequence of my ultra light we igh t UAS ’s crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. Minimizing ecological furthers the public’s interest and crash threat by permitting aerial video/photo capture through my battery operated ultra lightweight UAS's. Permitting me, Wo lfgang W eber , to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic imp act for the Los Angeles County fo r companies looking to relocate or build in the Los Angeles area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.

**V. Reasons Why Wolfgang Weber**  **Exemption Will Not Adversely Affect Safety Or How The Ex** **emption Will Provide a Level of Safety At Least Equal To Existing Rule:** My, Wo lfgang We ber’s , exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting me, Wo lfgang We ber , to log more flight time in FAA controlled a irspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for Realtors that can be embraced by the NAR, AAR, and TAR for development in cooperation with the FAA. In addition I, Wo lfgang W eber , submit the followingrepresentations of enhancements to current aerial videography and photography for real

estate: My UAS ’s weigh less than 5 pounds complete with a small ultra light weight high quality Dji 4K camera; I only operate my UAS ’s below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012); my UAS ’s only operate for 10

- 17 minutes per flight; I land my UAS ’s prior to manufacturer recommended minimum level of battery power; I pilot my UAS ’s through remote control only by line of sight; My UAS ’s has GPS a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost; I actively analyze flight data and other sources of information to constantly update and enhance safety protocols; I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports a nd actively populated areas; I conduct extensive pre

-flight inspections and protocol, during which safety carries primary importance; I always obtains all necessary permissions prior to operation; and, I have procedures in place to abort flights in the eve nt of safety breaches or potential danger. My, Wo lfgang We ber’s , safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, heli copters are the primary means of aerial video and photography for community awareness and real estate. Wh ile the safety record of such helicopters is remarkably astounding, there has been local incident involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra lightweight UAS. First, the potential loss of life is diminished because UAS's carry no peo ple on board and I only operate my UAS ’s in specific areas away from mass populations. Second, there is n o fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of my UAS ’s allow me to remotely pilot away from and avoid hazards quickly and safely. Lastly, given its small size and we ight, even when close enough to capture amazing images, my UAS ’s need not be so close to the objects they are focused on through the technology and use of post editing sof tware allowing pan and zoom. Accordingly, my UAS ’s has been experimentally o perated for familiarization/competency and will continue to operate at and above current safety levels. I have also recently taken/passed a test to obtain a certificate that states that I am a certified UAS operator, from the **Nation Drone School** . (See Atta ched) To further educate myself on UAS’s.

**VI. A Summary The FAA May Publish in the Federal Register:** A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, Wo lfgang W eber’s , UAS ’s permits exemption from Part 21 because my UAS ’s meet (and exceeds) an equivalentlevel of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to

exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, Wo lfgang We ber, current a nd projected UAS's meet or exceed each of the elements. 14 C.F.R. 91.7(a) 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 inapp licable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by mainta ining a safety/flight manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91. 121 regarding altimeter settings are inapplicable insofar as my UAS’s utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Wo lfgang We ber

. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS ’s are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on wh ich to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45. 29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. § 61.113: Private Pilot Privil eges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. I, Wo lfgang W eber, can achieve an equivalent level of safety as achieved by current Regulations because my UAS ’s do not carry an y pilots or passengers. Further, wh ile helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS ’s are fa r less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Wo lfgang We ber, to operate my UAS ’s meets and exceed s current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).
14 C.F.R. 91.119: Minimum Safe Altitudes.14 C.F.R. § 91.119 prescribes safe altitudes for the operatio n of civil aircraft. It allows

helicopters to be operated at lower altitudes i n certain conditions. My UAS ’s will never operate at an altitud e greater than 200 AGL, safely below the standard of 400 AGL. I, Wo lfgang We ber, will however operate my UAS ’s in s afe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS ’s , an equivalent or higher level of safety will be achieved. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.
The above

- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter . . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Wo lfgang We ber, UAS ’s . However, as a safety precaution I calibrate my UAS’s before each flight and inspect my UAS ’s before and after each fli ght as well

. A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS ’s perm its exemption from Part 21 because my, Wo lfgang We ber’s , UAS ’s meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS ’s meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of a n 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.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no p ilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9 299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

**In summary, Wolfgang Weber**  **seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. §**  **91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.12**  **1; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. §** **91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b)**  to commercially operate my,

Wo lfgang We ber, small unmanne d vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the Los Angeles area . Currently, area awareness a nd real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, Wo lfgang We ber, request for exemption will reduce current risk levels and thereby en hance safety. My UAS ’s crafts do not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in contro lled airspace eliminating potential public risk flying to and from established airfields . I, Wo lfgang W eber , have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for real e state usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 20 12. There are no personnel on board my, Wo lfgang W eber, UAS ’s and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Wo lfgang We ber’s , operation of my UAS ’s , weighing less than 5 pounds and travelling at lower speed s within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Wo lfgang We ber , respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public as a whole

.

Respectfully Submitted ,

Wo lfgang We ber