February 2, 2016

Submitted to:

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Submitted by:

David C. Solheim

Prairie Chicken Aerial Prod uctions

140 E. Cardinal Street

G a rner, IA 50438

p rairie. chicken.aerial@gmail.com

RE: David C. Solheim, Owner/ Operator, DBA Prairie Chicken Aerial Productions

, Request for Exemption from Title 14 of the Code of Federal Regulations Part 21, Subpart H; Sections 61.113(a)

- (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

- (2), and 91.417(a)

- (b) Concerning Commercial Operation of DJI Phantom 3 Unmanned Aircraft System Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112

- 95)

To Whom It May Concern:

Pu rsuant to Section 333 of the FAA Modernization and Reform Act of 2012 ( “ Section 333 ” ), I,

David C. Solheim, Owner/ Operator

, on behalf of Prairie Chicken Aerial Production s, hereby apply for exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of an unmanned aerial system (UAS) under t he conditions named herein. The

contents of this Section 333 Petition follows the Section 333 Petition Guidance & C hecklist.

1. Operator ’ s name and address:

David C. Solheim

140 E. Cardinal Street

Garner, IA 50438

2. The specific applicable regulations from which relief is required (CFRs) :

14 CFR Part 21, Subpart H. Airworthiness Certificates.

Considering the speed, weight, size, a nd limited operating area associated with the U AS

, David C. Solheim ’ s operation of a DJI Phantom 3 A dvanced meets the conditions of Section

333 and therefore the petitioner requests relief from the airwort hiness certificate requirements.14 CFR 61.113(a)

– (b). Private pilot privileges and limitations: Pilot in command.

The petitioner requests relief from these requirements to the extent necessary to allow David

C. Solheim , who holds a c urrent private pilot ’ s license and third class medical certificate, to operate the UAS for commercial hire as pilot in command. By meeting all minimum flight hour and currency requirements, D a vid C. Solheim has demonstrated that is able to operate

th e DJI P h antom 3 in a manner consistent with this exemption, including maintain ing safe
distances from aircraft, ai rport faci lities, and other obstructions.

14 CFR 91.7(a). Civil aircraft airworthiness.

The DJI P h antom 3 meets the requirements of Section 333 and is therefore exempt from the

airworthiness certificate requirements. David C. Solheim will ensure the UAS is in an airworthy con dition prior to every flight by checking that the UAS is in compliance with the operating documents

— operating manual, flight log, and maintenance log

— and that

conditions p ermit safe flight.

14 CFR 91.103. Preflight Action.

These requirements do not apply to a UAS such as the DJI P h antom 3 when operated as

described herein.

14 CFR 91.105. Flight crewmembers at stations.

These requirements do not apply to a UAS such as the DJI P h antom 3 when operated as

described herein.

14 CFR 91.10 9. Flight instruction; Simulated instrument flight and certain test flights.

These requirements do not apply to a UAS such as the DJI P h antom 3 when operated as

described herein.

14 CFR 91.119. Minimum safe altitudes: General.

T he petitioner requests relief from the safe altitude requirements set forth in this se ction. David C. Solheim will only operate the DJI Phantom 3 at or below a maximum altitude of 400 feet above ground level (AGL) and in s afe are as away from the public and other air traffic. Operation in this fashion will provide an equivalent or greater level of safety than compliance wi th the minimum safe altit ude requirements.

14 CFR 91.121. Altimeter settings.

The petitioner requests relief from the altimeter settings require ments because the DJI Phantom 3 Advanced is not equipped with a typical barometric altime te r on board. However, altitude information will be provided to the PIC by globa l positioning system (GPS) and radio communications telemetry data link, which downlinks from the UAS to the

gro und controller for real

- time monitoring of flight path, attitude, and altitude. David C.Solheim ’ s operation of the DJI P h antom 3 Advanced within visual line of sight, at or below

400 feet AGL, will ensure a leve l of safety equivalent to section 91.121.

14 CFR 91.151. Fuel requirements for flights in VFR conditions.

T he petitioner seeks reli ef from the VFR fuel requirements because the DJI Phantom 3

Advanc ed i s not equipped with typical AV fuel tan ks capable of holding more than 30

minutes of fuel. Instead th e UAS is equipped with a lithium

- ion battery capable of powering flight for approximately 23 minutes. Battery power ind icators s how exactly how much battery power is left in both the UAS and the ground controlled , as well as how much time

is needed for the UAS to return home. The UAS is also equipped with an “ auto home ” feature that automatically returns the UAS to its home location if the battery power reaches

a critical level. Operation of the UAS within line of sight and under VFR as described herein ensures a level of safety equivalent to section 91.151.

14 CFR 91.203 (a)

– (b) . Civil aircraft: Certifications required.

The DJI P h antom 3 meets the requirements of Section 333 and is therefore exempt from the

airworthiness certificate requirements

14 CFR 91.405. Maintenance required.

The petitioner requests relief from this r equirement because these requirem ents only apply

to aircraft with air worthiness certificates. The DJI P h antom 3 meets the requirements of Section 333 and is therefore exempt from the airworthiness certificate requirements

— and by extension these maintenance requirements. However, D a vid C. Solheim will perform a preflight inspection of the UAS before each flight and ensure the UAS is properly

maintained per the operating manual and therefore airworthy. D a vid C. So lheim w ill also keep a maintenance and flight log.

14 CFR 91.407. O p eration after maintenance.

The petitioner requests relief from this r equirement because these requirem ents only apply

to aircraft with air worthiness certificates. The DJI P h antom 3 meets the requirements of Section 333 and is therefore exempt from the airworthiness certificate requirements

— and by extension these maintenance requirements. However, D a vid C. Solheim will perform a preflight inspection of the UAS before each flight and ensure the UAS is properly

maintained per the operating manual and therefore airworthy. D a vid C. So lheim w ill also keep a maintenance and flight log.

14 CFR 91.409. Inspections.

The petitioner requests relief from this r equirement because these requirem ents only apply

to aircraft with air worthiness certificates. The DJI P h antom 3 meets the requirements of Section 333 and is therefore exempt from the airworthiness certificate requirements

— and by extension these maintenance requirements. However, D a vid C. Solheim will perform a preflight inspection of the UAS before each flight and ensure the UAS is properlymaintained per the operating manual and therefore airworthy. D a vid C. So lheim w ill also

keep a maintenance and flight log.

14 CFR 91.417. Maintenance records.

The petitioner requests relief from this r equirement because these requirem ents only apply

to aircraft with air worthiness certificates. The DJI P h antom 3 meets the requirements of Section 333 and is therefore exempt from the airworthiness certificate requirements

— and by extension these maintenance requirements. However, D a vid C. Solheim will perform a preflight inspection of the UAS before each flight and ensure the UAS is properly

maintained per the operating manual and therefore airworthy. D a vid C. So lheim w ill also keep a maintenance and flight log.

3. How the operator will maintain an equivalent level of safety or no adverse impact to safety:

David C. Solheim will strictly abide by the following operation con ditions, which ensure an equivalent or greater level of safety than provided by current regulations. D a vid C. Solheim

will:

a. O perate the UAS at or below 400 feet AGL, within a radius of 2500 feet from the ground
controller, and in direct line of sight;

b. Obtain permission from the owner/operator of any vessels, vehic les, or structures to conduct operations within 500 horizontal feet and only when such operation does not present an undue hazard;

c. O perate the UAS a maximum of 18 minutes per flight, which provi des a 5 minute margin of error with respect to battery life;

d. L and the UAS prior to the manufacturer ’ s minimum recommended battery level;

e. Activate all safeguards, such as the “ auto home ” feature, to ensure the UAS returns to

the home location in the event of low battery p ower or loss of communication with the ground controller;

f. Operate the UAS within the flight safety protocols recommended by the manufacturer;

g. Operate the UAS a minimum of two miles away from any airport facility;

h. P erform a visual inspe ction of the in tended flight path prior to ensure there are no obstructions such as power lines, light poles, rad io towers, or other structures;

i. Maintain his private pilot license and medi cal certificate as required by Chapter 91;

j. Research and c omply with all local laws and re gulations concerning the flight of UASs.4. How granting the exemption would be in the public interest:

Conducting aerial acquisitions with the DJI Phantom 3 , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated d uring traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinde r internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI

Phantom 3 , while reducing the carbon footprint of aerial acquisition s, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 (weigh ing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned airc raft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons)

In addition to being safe and efficient, the DJI Phantom 3, when operated under this exemption, will also benefit the local economy o f North Iowa. Many local businesses

— such as realtors, event planners, live performa nce artists, and traditional photographers

— have expressed interest in aer ial video and photo services for use in marketing and sales
materials. However, t radit iona l aerial photography is so expensive as to be out of reach for

most local businesses. Prairie Chicken Aerial Product ions intends to fill this niche by providing low

- cost, high

- quality aerial productions to make local businesses more dynamic and competitive.

5. The proposed operations:

David C. Solheim intends to operate the DJI Phantom 3 under the name Prai rie Chicken Aerial Productions ( “ Prairie Chicken ” ). Prai rie Chicken will provide aerial video and photo production capabilities to a wide variety of l ocal businesses, including high

- end realtors, traditional photographs, eve nt planners, music artists, car a nd boat sales, roof inspector s, and others. These services will be provided under written contract s with adequate provisions for liability for damages done to people and property.6. The make and m odel of the aircraft for proposed operations:

Make and model: DJI Phantom 3 Advanced Quadcopter Weight: 2.82 lbs Diagonal size: 23.23 in Max speed: 35.79 mph

Max a scent speed: 11.18 mph Max descent speed: 6.71 mph Max range: 2.17 miles when CE compliant Operating frequency: 2.400 GHz

— 2.483 GHz

UAS Certificate Number: FA3W 9EXCN9 (Issued 01/09/16)

Wherefore, in accordance with the FAA Modernization and Reform Act of 2012, and specifically

s ection 333, the petitioner respectfully requests exemption from the regulations outli ned herein.

Respectfully submitted,

David C. Solheim Owner/Operator

DBA Prairie Chicken Aerial Productions

140 E. Cardinal Street

Garner, IA 50438

p rairie. chicken.aerial@gmail.com