Teddy Waffles

Video Production

ᅳ

Theodore Wachholz

2638 W. Potomac Ave.

Chicago, IL 60622

312.818.1905

info@teddywaffles.com

October 28, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations

I. ApplicantInformation

Teddy Waffles Video Production

Contact: Theodore Wachholz

2638 W. Potomac Ave.

Chicago, IL 60622

Telephone: 312-818-1905

Email: info@teddywaffles.com

Dear Sir or Madam:

I, Theodore Wachholz, sole proprietor/individual of Teddy Waffles Video Production

(“TWVP”), am writing pursuant to the FAA Modernization and Reform Act of 2012

and the procedures contained within 14 C.F.R. 11, to request that I, Theodore

Wachholz, an owner and operator of a DJI Phantom 3 Professional, be exempted

from the Federal Aviation Regulations (“FARs”) listed below so that I, may operate my

unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal

Aviation Administration (“FAA”).

Using the DJI Phantom 3 Professional, I, Theodore Wachholz, intend to provide aerial

cinematography and photography services in the areas of real estate, site surveys,

aerial mapping, and, special events including but not limited to weddings, private or

public parties and events, and/or nature/landscape surveying.

I, Theodore Wachholz, am committed to UAS safety. My exemption request would

permit operation of a UAS in areas away from the general public/unprotected

persons, airports, heliports and vehicular traffic for community videos, and within

property boundaries for individual homeowner real estate listing videos/photos.

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II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which

Theodore Wachholz Requests Exemption:

14 CFR Part 21;

14 C.F.R. 45.23(b);

14 CFR 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. 91.121;

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.151(a);

14 C.F.R. 91.405(a);

14 CFR 407(a) (1);

14 CFR 409(a) (1) & (a) (2);

14 CFR 417(a) & (b)

III. The Extent of Relief Theodore Wachholz Seeks and the Reason He Seeks Such

Relief:

I, Theodore Wachholz, am writing pursuant to the FAA Modernization and Reform

Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I,

Theodore Wachholz, an owner and operator of a small unmanned aircraft, be

exempted from the Federal Aviation Regulations (“FARs”) listed so that I may operate

my small, lightweight unmanned aircraft system (“UAS”) commercially in airspace

regulated by the Federal Aviation Administration (“FAA”). The Reform Act in Section

332 provides for such integration of civil unmanned aircraft systems into our national

airspace system as it is in the public’s interest to do so. My, Theodore Wachholz’s,

UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and

therefore the integration of my UAS is expressly contemplated by the Reform Act.

The 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, whether the UAS will be operated

near airports or heavily populated areas, and, whether the UAS will be operated by

line of sight 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption

for me, Theodore Wachholz. My UAS utilizes four (4) counter-rotating propellers for

balance, control, and stability and is equipped with a GPS and auto return (return to

home) safety technology. Weighing less

than five (5) pounds (far below the maximum 55 pound limit); including camera with

gimbal.

I, Theodore Wachholz, will operate the Phantom 3 in a safe manner, using the

following checklists as well as operating procedures to determine that the aircraft is

physically and electronically ready for safe flight and that permission from the

property owner/representative is received:

Pre-flight Checklist:

● Survey the property for hazards, such as trees, utility poles, power lines and

other elements that might compromise the flight, then make a judgment as

whether to proceed.

● Check the weather for wind speed, cloud cover and any forecast changes

that might adversely affect flight safety and performance.

● Examine the aircraft - looking at connections and searching for cracks and

loose parts.

● Determine that the electronic elements are performing correctly (receiving

more than 6 satellite signals along with calibration of the magnetic compass).

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● Determine that the barometric altimeter reflects approximately 0 feet AGL.

● Following takeoff, hover at an altitude of approximately 10 feet to assure

that the Home Point is secure. Then exercise all controls to confirm their

functionality, if one of the controls is not functioning, the flight will be

terminated immediately.

● Will not fly over dense traffic or crowds of unprotected persons.

● Give right-of-way to any manned aircraft.

● Stay clear of FAA controlled airspace at airports (generally a five nautical

mile radius) as well as restricted and prohibited zones.

● Fly no higher than 400' and no further than 1000' from the Home Point,

recognizing that the primary responsibility is to keep the aircraft safely

within VLOS.

● Stay clear of clouds and fog (500' vertically and 2,000' horizontally).

Post-flight Checklist:

● Inspect the Phantom 3 to determine its physical and electronic condition.

● Examine the aircraft, looking at connections and searching for any cracks or

loose parts.

IV. How Theodore Wachholz’s Request Will Benefitthe Public as A Whole:

Aerial videography and photography has been around for a long time through

manned, fixed-wing aircraft and helicopters. For small budget companies and

individuals like myself, the expense of such aerial videography and photography is

extremely cost-prohibitive. Only large companies and high-income individuals can

afford to absorb such an expense. Manned aircraft also pose a threat to the public

through potential catastrophic crashes resulting in a potential loss of life. My,

Theodore Wachholz’s, UAS poses no such threat since the size and lack of

combustible fuel alleviates any potential threat to the public. Congress has already

proclaimed that it is in the public’s interest to integrate commercially flown UAS into

the national airspace system, hence the passing of the Reform Act. My lightweight

UAS is battery powered and creates no emissions that would harm the environment.

V. Reasons Why Theodore Wachholz’s Exemption Will Not Adversely Affect Safety

or How the Exemption Will Provide a Level of Safety At Least Equalto Existing

Rule:

My, Theodore Wachholz’s, exemption will not adversely affect safety.

● My UAS weighs less than 5 pounds, complete with a small, lightweight,

high-definition (HD) camera.

● I only operate my UAS below 400 feet (well within the permissible ceiling set

by the FAA Modernization and Reform Act of 2012).

● I land my UAS prior to manufacturer-recommended minimum level of

battery power.

● I pilot my UAS through remote control/FPV only by line of sight.

● My UAS has GPS with a flight safety feature whereby it hovers and then

slowly lands if communication with the remote control pilot is lost.

● I only operate in reasonably safe environments that are strictly controlled,

are away from power lines, elevated lights, airports and actively populated

areas.

● I conduct extensive pre-flight inspections and protocol, during which safety

carries primary importance.

● I always obtain all necessary permissions prior to operation.

VI. A Summary the FAA May Publish in the Federal Register:

A. 14 C.F.R. § 21, 14 C.F.R. § 91 and 91.151: Airworthiness Certificates, Manuals

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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,

Theodore Wachholz’s, UAS permits exemption from Part 21 because my UAS meets

(and exceeds) 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, Theodore Wachholz’s, current and projected UAS’ 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 inapplicable.

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, this

Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining 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 is inapplicable insofar as my UAS

utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.151(a) with the condition that the PIC does not begin a flight

unless (considering wind and forecast weather conditions) there is enough power

to fly to the first point of intended landing and, assuming normal cruising speed,

land the UA with 30% battery power remaining.

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, Theodore Wachholz.

B. 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, Theodore Wachholz, UAS is, by definition, unmanned.

Therefore does not have a cabin, cockpit or pilot station on which 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,

Theodore Wachholz, will mark the UAS 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, Theodore Wachholz, the pilot, will see the markings. The FAA has previously

issued exemptions to this regulation through Exemptions Nos. 8738, 10167,

10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC

Pursuant to 14 C.F.R. § 61.113 (a) & (b), private pilots are limited to noncommercial

operations. I, Theodore Wachholz, can achieve an equivalent level of

safety as achieved by current Regulations because my UAS does not carry any pilots

or passengers. Further, while helpful, a pilot license will not ensure remote

control piloting skills. The risks attended to the operation of my UAS is far less

than the risk levels inherent in the commercial activities outlined in 14 C.F.R. §

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61, et seq. Thus, allowing me, Theodore Wachholz, to operate my UAS in a manner

that meets and exceeds current safety levels in relation to 14 C.F.R. § 61.113 (a)

& (b).

D. 14 C.F.R. § 91.119: Minimum Safe Altitudes

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It

allows helicopters to be operated at lower altitudes in certain conditions. My UAS

will never operate at an altitude greater than 400 AGL; safely below the standard

of 400 AGL. I, Theodore Wachholz, will however operate my UAS in safe 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, an equivalent or higher level of safety will

be achieved.

E. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (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, Theodore Wachholz’s, UAS. However, as a safety

precaution, I, Theodore Wachholz, inspect my UAS before and after each flight.

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 permit exemption from Part 21

because my, Theodore Wachholz’s, UAS 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’ 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 meets or exceeds 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

inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft.

As there are no pilots or passengers, and given the size of the UAS’, 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,

9299, 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, Theodore Wachholz 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

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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. § 91.119;

14 C.F.R. § 91.121; 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) (1); and, 14 C.F.R. § 91.417 (a) & (b)

I, Theodore Wachholz, am requesting this exemption for the purposes of aerial

photography, cinematography, videography, inspections and other flight operations.

The reason for such a general and broad based request is that I, Theodore Wachholz,

wish to utilize a business strategy that capitalizes on opportunities as they may arise

in the future. My, Theodore Wachholz’s, business model is based on the idea of

offering ad hoc small UAS services to individuals or companies who wish to employ

these services as a safe, effective, and legal option to enhance their business or

hobby.

Granting my, Theodore Wachholz’s, request for exemption will reduce current risk

levels and thereby enhance safety. My UAS craft does not contain potentially

explosive fuel, is smaller, lighter, and more maneuverable than conventional video

and photographic aircraft. Further, I operate at lower altitudes and in controlled

airspace eliminating potential public risk flying to and from established airfields.

There are no personnel on board my, Theodore Wachholz’s, UAS and therefore the

likelihood of death or serious bodily injury is significantly diminished. My, Theodore

Wachholz’s, operation of my UAS, weighing less than 5 pounds and travelling at lower

speeds within limited areas will provide an equivalent level of safety as that achieved

under current FARs. Accordingly I, Theodore Wachholz, respectfully request that the

FAA grant my exemption.

Respectfully submitted,

Theodore Wachholz

Teddy Waffles Video Production

2638 W. Potomac Ave.

Chicago, IL 60622

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