U.S. Department of Transportation June 4, 2015

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Petitioner:

William Jared Wheeless

1738 E. Perkinsville Rd.

Chino Valley, AZ 86323

SUMMARY

I, William Jared Wheeless, (the petitioner) am seeking exemption under Section 333 of the FAA 

Modernization and Reform Act of 2012 from the requirements of 14 CFR §§ 61.113(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and 

(b) in order to commercially operate the DJI Phantom 3, DJI S900 and DJI S1000 small 

Unmanned Aircraft Systems (sUAS) for the purpose of aerial photography and videography in 

support of real estate services, surveying and mapping operations, as well as inspections of 

towers and structures.

OPERATOR, EQUIPMENT AND PROCEDURES

The petitioner holds a private pilot rotorcraft-helicopter certificate with instrument helicopter 

rating and is expecting to have a commercial pilot rotorcraft-helicopter certificate in the next four 

months. The petitioner also holds an airframe and powerplant mechanic certificate. For 

commercial sUAS operations, the petitioner will utilize three different sUAS from the 

manufacturer DJI, including the Phantom 3, S900 and S1000. All three sUAS are under 25 

pounds including payload and share similar flight and safety characteristics. All three have safety 

parameters built in for a communication failure with the Pilot In Command (PIC) or a low 

battery condition. Both situations result in a return to the designated takeoff location to prevent 

any fly-aways or accidents resulting from depleted batteries. All three sUAS are equipped with

systems that send telemetry data including height Above Ground Level (AGL), airspeed and 

distance from takeoff location to the PIC. The PIC can also monitor battery level and GPS signal 

strength which further increases situational awareness. For commercial operations, a Visual 

Observer will be utilized to increase safety. Also, all operations will be conducted during 

daytime Visual Flight Rules (VFR) conditions and within visual line of sight (VLOS) of the PIC.

The petitioner is also developing pre-flight, in-flight and post-flight procedures for each different 

sUAS to further enhance safety and standards. Flight time on each sUAS will be logged 

appropriately and maintenance procedures will be followed using all available resources 

including the user manuals provided by DJI. These manuals will be attached to this request for 

exemption.

SPECIFIC EXEMPTIONS AND EXTENT OF RELIEF SOUGHT:
§ 61.113(a) PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN COMMAND

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft.

EXTENT OF RELIEF SOUGHT: To the extent necessary to permit the holder of a private 

pilot certificate with at least a current third-class medical certificate to conduct the proposed 

flight operations for compensation or hire.

§ 91.7(a) CIVIL AIRCRAFT AIRWORTHINESS

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

EXTENT OF RELIEF SOUGHT: To the extent that the petitioner’s sUAS are not eligible for 

an airworthiness certificate under 14 C.F.R. 21 and therefore cannot be airworthy in the context 

of the regulation.

§ 91.119 MINIMUM SAFE ALTITUDES: GENERAL

Except when necessary for takeoff 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 of 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-control 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.

EXTENT OF RELIEF SOUGHT: To the extent necessary for the petitioner to conduct 

commercial operations at or below 400 feet AGL over other than congested areas. Due to the 

sUAS unique capabilities and small size, emergency landings conducted at or below 400 feet 

AGL will pose minimal hazards to persons or property on the surface.

§ 91.121(a) ALTIMETER SETTINGS

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure; or

(2) At or above 18,000 feet MSL, to 29.92′′ Hg.

EXTENT OF RELIEF SOUGHT: To the extent that the petitioner’s sUAS do not utilize a 

conventional pressure altimeter and instead use a barometric sensor and GPS to compute altitude.

§ 91.151 FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS

(a) 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) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 

minutes.

EXTENT OF RELIEF SOUGHT: To the extent that the petitioner’s sUAS are unable to 

comply with the VFR fuel requirements for airplanes or helicopters. Wind and weather 

conditions will be considered before each flight and no flight will begin unless there is enough 

power available to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power recommended by the manufacturer, if greater.

§ 91.405(a) MAINTENANCE REQUIRED

Each owner or operator of an aircraft—

(a) Shall have that 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;

EXTENT OF RELIEF SOUGHT: To the extent that the petitioner’s sUAS have not been 

issued Airworthiness Certificates. The petitioner will use trained technicians to perform

maintenance, alterations and preventive maintenance on the sUAS using the methods, 

techniques, and practices prescribed in the UAS operating documents including the DJI Phantom 

3, S900 and S1000 Instruction Manuals and the A2 Flight Controller Quick Start Guide. 

Furthermore, the petitioner will document and maintain all maintenance records for the sUAS.

§ 91.407(a)(1) OPERATION AFTER MAINTENANCE, PREVENTATIVE MAINTANCE, 

REBUILDING, OR ALTERATION

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under

§43.7 of this chapter; and

EXTENT OF RELIEF SOUGHT: To the extent that the petitioner’s sUAS have not been 

issued Airworthiness Certificates. The petitioner will use trained technicians to perform
maintenance, alterations and preventive maintenance on the sUAS using the methods, 

techniques, and practices prescribed in the UAS operating documents including the DJI Phantom 

3, S900 and S1000 Instruction Manuals and the A2 Flight Controller Quick Start Guide. 

Furthermore, the petitioner will document and maintain all maintenance records for the sUAS.

§ 91.409(a)(1) and (2) INSPECTIONS

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

EXTENT OF RELIEF SOUGHT: To the extent that the petitioner’s sUAS have not been 

issued Airworthiness Certificates. The petitioner will use trained technicians to perform

maintenance, alterations and preventive maintenance on the sUAS using the methods, 

techniques, and practices prescribed in the UAS operating documents including the DJI Phantom 

3, S900 and S1000 Instruction Manuals and the A2 Flight Controller Quick Start Guide. 

Furthermore, the petitioner will document and maintain all maintenance records for the sUAS.

§ 91.417(a) and (b) MAINTENANCE RECORDS

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. 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 retained until the defects are repaired and the aircraft is 

approved for return to service.

EXTENT OF RELIEF SOUGHT: To the extent that the petitioner’s sUAS have not been 

issued Airworthiness Certificates. The petitioner will use trained technicians to perform

maintenance, alterations and preventive maintenance on the sUAS using the methods, 

techniques, and practices prescribed in the UAS operating documents including the DJI Phantom 

3, S900 and S1000 Instruction Manuals and the A2 Flight Controller Quick Start Guide. 

Furthermore, the petitioner will document and maintain all maintenance records for the sUAS.

GRANTING THIS EXEMPTION IS IN THE PUBLIC’S INTEREST

There are numerous reasons why granting this exemption will benefit the public as a whole. First 

and foremost, UAS operations will benefit the economy by creating jobs and reducing costs for 

customers that, up until now, have had to rely on manned aircraft for the same operations. UAS 

operational costs are much lower than manned aircraft and those savings will benefit our nation’s 

economy on many different levels. Jobs will be created in manufacturing, Research and 

Development, logistics, education, operations and maintenance, just to name a few. Using UAS 

in lieu of manned aircraft will enhance safety and reduce environmental impact as well. Without 

a crew onboard like a traditional aircraft, UAS can take over some of the dangerous operations 

that manned aircraft once held, such as powerline inspections or work in confined areas. Also, 

UAS are much less dangerous to persons on the ground if a catastrophe does happen. They are 

much smaller and lighter and most do not carry flammable fuel onboard. Aerial surveying and 

inspections can increase work site efficiency, improve volumetric estimations and reduce risks. 

A visual observer will be utilized for all operations to ensure the petitioner’s sUAS do not 

interfere with any manned aircraft operations or pose a hazard to non-participating persons. 

Liability insurance will be obtained commensurate with the granting of this request for 

exemption.

GRANTING THIS EXEMPTION WILL NOT ADVERSELY AFFECT PUBLIC SAFETY

The petitioner firmly believes not only will this exemption not adversely affect public safety, but 

integrating UAS into the National Airspace System will actually enhance public safety. 

Operations that utilize traditional manned aircraft put the public at risk of a much larger vehicle 
travelling at a much higher rate of speed. Also, traditional aircraft have the ability to carry many 

gallons of flammable fuel that makes an accident that much more dangerous. Furthermore, many

of those manned operations contribute to congestion in the NAS resulting in an increased risk of 

collision with other aircraft. Because the petitioner’s sUAS will be operated away from the 

airport environment, where the highest risk of collision occurs, using this aircraft in place of a 

manned aircraft enhances safety.

FEDERAL REGISTRY SUMMARY

William Jared Wheeless seeks exemption from the requirements of 14 CFR §§ 61.113(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b).

This exemption will permit William Jared Wheeless to commercially operate small Unmanned 

Aircraft Systems (sUAS) for the purpose of aerial photography and videography in support of 

real estate services, surveying and mapping operations, as well as inspections of towers and 

structures.

ADDITIONAL INFORMATION

The A2 Flight Controller user manual is attached to this exemption request for reference 

purposes. Because of the file size limitations, the user manuals could not be attached to this 

exemption request. They can be found at the web addresses below.

The user manual for the DJI Phantom 3 can be found at http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

The user manual for the DJI S900 can be found at http://download.djiinnovations.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf

The user manual for the DJI S1000 can be found at http://download.djiinnovations.com/downloads/s1000/en/S1000_User_Manual_v1.10_en.pdf

Respectfully,

William Jared Wheeless