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 DJ I Phantom 3, DJIS 900 and DJ I 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 DJ I, 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 c ommunication failure with the Pilot InC ommand (PI C) or a low battery c ondition. Both situations result in a return to the designated takeoff location to prevent any f ly

- aways or accidents resulting from deplete d 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 P IC . 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 day time Visual Flight Rules (VFR) conditions and within visual line of sight (VLOS) of the PI C. 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 appropriatel y and maintenance procedures will be followed using all available resources including the user manual s provided by D JI

. 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:** T o 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** MI

NIMUM 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 specificall y prescribed for helicopters b y 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 operati ons at or below 4 00 feet AGL over other than congested areas. Due to the sUAS unique capabilities and small size, emergency landings conducted at or below 4 00 feet AGL will pose minimal hazards to persons or property on the surface.
**§ 91.121(a)** ALTIMETER SETTI NGS ( 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 avail able 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 REL IEF 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 le ast 30 minutes; or (2) At night, to fl y 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 o f intended landing and, assuming normal cruising speed, to fl y 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 DJ I 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, O R 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 b y a person authorized under §43.7 of this chapter; and **EXTEN T OF RELIEF SOUGHT:**  To the extent that the petitioner’s sUAS have not been issued Airworthiness Certificates. The petitioner will use trained technicians to performmaintenance, alterations and preventive maintenance on the sUAS using the methods,

techniques, and practices prescribed in the UAS operating documents including the DJ I 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.
**§ 9 1.409(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 par t 43 of this chapter and has been approved for return to service b y 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 SOU GHT:**  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 DJ I 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 certif icate 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 o f 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 directiveinvolves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y §43.9(d) of this chapter for each major alteration to the airframe and currentl y 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 b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall b e 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 DJ I Phantom 3, S900 and S1000 Instruction Manuals and the A2 Flight Controller Quick Start Guide. Furthermore, the petitioner will document and mai ntain all maintenance records for the sUAS.

**GRANTING THIS EXEMPTION IS IN THE PUBLIC’S INTEREST**

There are numerous reaso ns why granting this exemption will benefit the public as a whole. First and foremost, UAS operations will benefit the economy b y creating jobs and reducing costs for customers that, up until now, have had to rel y 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, jus t 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 a s 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 f lammable fuel onboard. Aerial surveying and inspections can increase work site efficiency , improve volumetri c estimations and reduce risks. A v isual 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 actuall y enhance public safety. Operations that utilize traditional manned aircraft put the public at risk of a much larger vehicletravelling at a much higher rate of speed. Also, traditional aircraft have the ability to carry m any 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 f rom 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 commerciall y operat e 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 DJIPhantom 3 can be found at http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

The user manual for the DJIS900 can be found at http://download.dji

innovations.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf

Th e user manual for the DJIS1000 can be found at http://download.dji

innovations.com/downloads/s1000/en/S1000_User_Manual_v1.10_en.pdf

Respectfully ,

William Jared Wheeless