Dominic J. Chemello, for

Mr. McGeasil LLC 40335 Winchester Rd Suite E 104 Temecula, CA, 92591 McGeasil@gmail.com 651
- 900
- 2900 **Please reply to:** Dominic J. Chemello 26216 Sweet Gum Ct. Murrieta, CA, 92563 domcheme l lo@ gmail.com Phone: 951

- 314
- 7896 I Dominic J. Chemello, on behalf of Mr. McGeasil LLC, P etition the Federal Aviation Administration (FAA) for an exemption from 14 Code of Federal Regulations (CFR) Federal Aviation Regulations (FAR) P art 21, and § 45.23 (b), § 61.23 (a) and (c), § 61.101 (e) (4) and (5), § 61.113 (a) and (b) , § 61.315 (a) and (c) , § 91.7 (a), § 91.9 (b)(2), § 91.119 (c) , § 91.121, § 91.151, § 91.203 (a) and (b), § 91.405(a), § 91.407 (a) (1), § 91.409 (a) (1) and (2), and § 91.417 (a) and (b)
. This application for exemption is submitted pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR, FAR Part 11 . Th e application is divided into five parts: A
- D iscussion of th is petition for exemption, B
- Sum mary of th is petition for exemption, C

Description of Unmanned Aircraft Systems (sUAS) planned to operate, D

- Mr. Mc Geasil’s Company Operations Manual, E
- Mr. Mc Geasil’ s Company T raining P rogram . **A -**  **Discussion of this petition**  **for exemption:**  Each regulation will be listed, and followed by a description of the regulation
. Then a **discussion** regarding the extent and reason for relief from the regulation, public benefit as a whole, and the reasons why the exemption would not adversely affect safety, or how the a pplicant will provide a level of safety at l east equal to the existing regulations
. Due to related subjects, several regulation s are defined together, with one common **discussion. FAR Part 21**  : This part prescribes procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. Also, it provides rules governing applicants for, and holders of, any approval or certificate, and procedural requirements for the approval of articl es. **Discussion:** The petitioner request s relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H
— Airworthiness Certificates. In accordance with the statutory criteria provided in Section 333 of P.L. 112

-95 in reference to 49 U SC § 44704, and in consideration of the size, weight,speed, and limited operating area associated with the se aircraft and their operation, we ask that the

Secretary of Transportation determine s that these aircraft meets the conditions of Section 333. Therefore, the FAA would find that the requested relief from 14 CFR part 21, and any associated noise certification and testing requirements of part 36, are not necessary. Note: DJI Phanto m Pro: size 23 diagonal inches X 12 inche s high , weight 2.8 pounds, operating speed 1 6 m eters per second, approximate operating range 3.1 statute miles
. Note: DJI Inspire Pro: size 18 X 17 X 12 inches, weight 7pounds 11 ounces, operating speed 18 meters per second, max flight time 15 minutes, approximate operating area 6750 meters. **§ 45.23 (b ):**  Identification and registration marking s . **FAR § 61.23 (a) and (c) :**  II. Medical Certificate Re quirement and duration
. **FAR § 61.101 (e) (4) and (5):** Recreational pilot privileges and limitations: operating for compensation or hire, or in the furtherance of a business. **FAR § 61.113 (a) and (b)**  **:** Private pilot privileges and limitations: Pilot in command. Operating for compensation or hire, or in the fu rtherance of a business. **FAR § 61.315 (a) and (c):** P rivileges and limits of the holder of a sport pilot certificate. **Discussion:** The FAA has previously evaluated the requirements to hold a medical certificate. In previous exemptions (see exemption #11213) , the FAA has permitted operations with second

- class or third

- class medical certificates, which traditionally correspond to operations conducted under commercial and private pilot certificates, respectively. T he FAA determined that operations ca n safely be conducted under an exemption by recreational and sport pilot certificate holders. In light of this determination, the FAA also evaluated the medical certificate re quirements appropriate for the operation of UA
. The agency compared the sport pilot certificate holder privileges with the operations proposed by the petitioner. Sport pilot certificate holders may act as PIC of an LSA with either a medical certificate or U.S. issued driver’s license.6 See 14 C.F.R. §§ 61.23(c), 61.315(a). LSA may weigh a s much as 1,430 pounds and seat up to two persons, including the pilot. See 14 C.F.R. § 1.1. The FAA also considered that a PIC operating a lighter

-than

- air balloon or Note: Similar relief from 61.315(c)(2) and (3) is not necessary because these limitations on sport pilot certificate privileges only apply to LSA. The UAS being operated under this exemption are not LSA. The FAA considers a U.S. driver's license to be any license to operate a motor vehicle issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. glider requires neither an FAA issued medical certificate, nor a U.S. driver’s license. See § 61.23(b)(3). Comparatively, under this exemption the UA weighs less than 55 pounds, is operated within visual line of sight of the PIC and below 400’ AGL, and limited to operating with permission over private or controlled

- access property. The FAA found that, because of the risk mitigations established in the conditions and limitations of this exemption, a person that holds a U.S. issued driver’s license who is operating a UAS will not adversely affect safety. The FAA grant ed relief from § 61.23(a) to allow any pilot that holds one of the pilot’scertificates discussed above to operate a UAS under an exempt ion with a U.S. issued driver’s license, in

lieu of an FAA

- issued medical certificate. The FAA also grant ed relief from § 61.23(c) to allow sport pilot certificate holders to operate aircraft other than LSA with a U.S. issued driver’s license under this ex emption. However, in absence of a defined regulatory structure specific to UAS, the FAA has determined the minimum requirement for a UAS PIC under this exemption is to possess at least a U.S. driver’s license. A UAS PIC would also be able to operate under this exemption with an FAA

- issued medical certificate. The FAA also considered medical certificate requirements for a visual observer. As in Exemption No. 11062, the FAA determined that this is not necessary subject to the conditions and limitations below. In particular, the UA must never be operated beyond the actual visual capabilities of the VO, and the VO and PIC must have the ability to maintain VLOS with the UA at all times. It is the responsibility of the PIC to be aware of the VO’s visual limitation s and limit operations of the UA to distances within the visual capab ilities of both the PIC and VO. In conclusion, the FAA found that a PIC conducting operations under a grant of exemption may operate a UAS for compensation or hire, or in furtherance of a business, with any of the following pilot certificates: sport, recreational, private, commercial, or airline transport. Additionally, a PIC must hold and possess either a medical certificate issued unde r 14 CFR part 67 or a U.S. issued driver’s license irrespective of the pilot certificate held. In addition, PICs must comply with 14 CFR § 61.53, Prohibition on operations during medical deficiency. Therefore, we ask to be exempt from the regulations list ed above.
**FAR § 91.7 (a) :**  Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy condition. **Discussion:** Th is petitioner request s relief from 14 CFR § 91.7(a), Civil aircraft airworthiness. While the petition er’s UAS will not require an airworthiness certificate, the FAA has determined (see exemption #11213) that for the purposes of operating a UAS, the pilot may determine the aircraft is in an airworthy condition prior to flight. The FAA’s regulations state t hat the PIC of a civil aircraft is responsible for determining whether the aircraft is in a condition for safe flight. Therefore, rel ief from § 91.7(a) is requested. There is no request for relief from FAR 91.7 (b) because it has been previously determine d, by FAA, that relief is not necessary. **FAR § 91.9 (b)(2) :**  Civil aircraft flight manual, marking, and placard requirements. (b) No person may operate a U.S.

- registered civil aircraft

-- (2) For which an Airplane or Rotorcraft Flight Manual is not require d by Sec. 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. **FAR § 91.203 (a) and (b):** Civil aircraft: Certi fications required. (a) No person may operate a civil aircraft unless it has within it the following: An appropriate and current airworthiness certificate and an effective U.S. registration certificate issued to its owner.(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a)

of this section is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. **Discussion:** The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: Given the size and configuration of the DJI Phantom pro and the DJI Inspire pro, they have no ability or place to carry such a flight manual, or aircraft doc uments, on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be achieved by keeping the User Guide at the ground control point whe re the pilot flying the sUA will have immediate access to it. The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827. **FAR § 91.119 (c):** Minimum safe altitudes, General : Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those ca ses, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. **Discussion:** Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to 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. As set forth herein, the DJI sUAS usually do not operat e at higher than 400 feet AGL. They will, however, be operated to avoid congested or populated areas. Because the aerial tasks this operator intends to perform, with sUAS, are done at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. The equivalent level of safety will be achieved given the size, weight, speed, and material with which the DJI UA is built. Also, no flight will be taken without the permission of the land owner or those who c ontrol the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 6 lbs. and carrying flammable fuel, an y risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low altitude operations of the sUAS will maintai n separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. **FAR § 91.121 :**  Altimeter settings. 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
— **Discussion:** The petitioner d oes not seek relief from 14 CFR § 91.121, Altimeter settings. When the UA is equipped with a barometric altimeter, relief from § 91.121 is not necessary. When the UA is not equipped with a barometric altimeter, an alternate means for measuring and reporting UA altitude is necessary, such as GPS. T he FAA requires altitude be reported in feet Above Ground Level ( AGL ) . The petitioner may choose to set the altitude indicator to zero feet AGL rat her than local barometric pressure or field altitude before flight. Since normal operating altitude is surface to 400 AGL, it is in the interest of the public community, and aviation community, to grant this exemption.**FAR § 91.151 :**  Visual Flight Rules. Fuel requirements for flight in VFR conditions.

**Discussion:** Regarding petitioner’s requested relief from 14 CFR § 91.151(a) (1) , Fuel requirements for flight in VFR conditions, prior UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, Visual Flight Rules (VFR) conditions. T he PIC will not begin a UAS flight unless (considering wind and foreca st weather conditions) there is enough available power for the UAS to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater . This limitation is in cluded in the attached Mr. McGeasil’s Company Operations Manual
. **FAR § 91.405(a) :**  Maintenance required. **FAR § 91.407 (a)(1):** Operation after maintenance, preventive maintenance, rebuilding, or alteration **FAR § 91.409(a)(1) and (2):** (1) Required annual in spection in accordance with FAR part 43 , and (2) An inspection for the issuance of an airworthiness certificate in accordance with FAR part 21. **FAR § 91.417(a) and (b):** (a) Maintenance records and (b) Maintenance records kept for a required time period. **Di scussion:**  The petitioner requests relief from the following sections: 14 CFR §§ 91.405(a) Maintenance required, 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a) (1) and (2) Inspections, and 91.417(a) and (b) Maintenance records, and retention of those records. The sUAS are nearly maintenance free, and they perform automatic preflight checks. Checks which cannot be done by the UA system will be performed by a qualified person prior to each flight and at p redefined intervals, as prescribed by the manufacture
. Preflight checklist includes: 1.Visual inspection of the airframe 2.Visual inspection of rotor integrity 3.Check charge of all batteries (aerial vehicle, command station, radio repeater station)
. An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external payload, and will operate only in restricted predetermined areas. As provided in the sUAS User Guide s (System Maintenance section), the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the opera tor is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The sUAS Maintenance guidelines ensure an equivalent level of safety to the maintenance requirements in Part 91. **B -** **Summary of th is**  **petition for exemption.**  Public Interest: The grant of this petition for exemption is in the public interest based on the clear direction in Section 333 of the Reform Act ; the additional authority in the Federal Aviation Act, asamended ; the strong equivalent level of safety surrounding the proposed operations ; and the significant

public benefit, including enhanced safety and cost savings associated with transitioning to sUAS for numerous aerial tasks
. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption, as soo n as possible. The requested exemption will permit Mr. McGeasil LLC to commercially operate the DJI Phantom Pro, and DJI Inspire Pro, camera drones, with imaging payload, to perform such aerial tasks as, but not limited to, market research, aerial surveys, mapping, and inspections that consist of still photographs, video, and other data taken by onboard sensors. The DJI drones produce high quality imagery and data that will be used for commercial purposes. Use of the DJI Unmanned Aircraft (UA,) for these a pplications, reduces the need to operate conventional aircraft, providing data more quickly, accurately, economically, safely, and with reduced environmental impact. Operations under the exemption will be subject to strict operating requirements and condi tions to ensure an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. Also, an operations manual and training program has been developed to ass ure an equivalent level of safety exists during operations conducted under these proposed conditions and limitations
. **C -**  **Description of Unmanned**  **Aircraft Systems (sUAS) planned to operate :**  DJI Phantom Pro: size 23 diagonal inches X 12 inches high, weight 2. 8 pounds, operating speed 16 meters per second, approximate operating range 3.1 statute miles. DJI Inspire Pro: size 18 X 17 X 12 inches, weight 7pounds 11 ounces, operating speed 18 meters per second, max flight time 15 minutes, approximate operating area 6750 meters. **D -**  **Mr. Mc**  **Geasil’s Company Operations Manual :**  Operations Manual for Mr. McGeasil LLC Unmanned Aircraft System (UAS) Operations (Original dated: 03/02/2016)

-The pilot must hold a pilot certificate, other than a student pilot certificate, issued by the Federal Aviation Administration (FAA) to commercially operate a UA.

-The pilot must have a photo identification that is in that person's physical possession or readily accessible. The photo identification must be a (i) Driver's license issued by a State, the District of Columbia, or territory or possession of the United States or (ii) Government identification card issued by the Federal government, a State, the District of Columbia, or a territory or possession of the United States.

- Duration of fl ight: Do not begin a UA flight unless, considering wind and forecast weather conditions, there is enough available power for the UA to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer, if greater.

- Have all applicable operations and maintenance materials, provided by the manufacture, available at the UA operating site.- Must comply with all operations and maintenance materials provided by the manufacture, including:

- DJI UA Fly Safe Manual.

- DJI Inspire Intelligent Flight Battery Safety Guidelines.

- DJI Inspire Pro Specifications.

- DJI Inspire Pro Quick Start Guide.

- DJI Operational Procedures for the Inspire Pro.

- DJI Phantom Pro Intelligent Flight Batt ery Safety Guidelines.

- DJI Phantom Pro Training Videos.

- DJI Phantom Pro Specifications.

- DJI Phantom Pro Quick Start Guide.

- DJI Phantom Pro User Manual.

- Prior to every flight, preflight the UA to determine the airworthiness status of the aircraft.

-- The observer (VO) is responsible to provide situational awareness to the UA operator, by monitoring the operational area for any ground and flight hazards including other aircraft.

-The UA operator must comply with the following Basic Visual Flight Rule (V FR) weather minimums: Class E Airspace: Less than 10,000 feet Mean Sea Level (MSL), 3 statute miles (SM) visibility, 500 feet below, 1,000 feet above, and 2,000 feet horizontally from clouds. At or above 10,000 feet MSL, 5 SM visibility, and 1,000 feet be low, 1,000 feet above, and one SM horizontal from clouds. Class G Airspace: 1,200 feet or less above the surface (regardless of MSL altitude) one SM visibility and clear of clouds.

- Permission from land owner/controller required before commencing any U A flight.

- Operations to occur only during daytime, and Visual Flight Rules Meteorological Conditions (VMC).

-Aircraft to remain within Visual Line of Sight (VLOS).

-VLOS guaranteed with an operational radius of one statue mile (SM) from the operator.

-The operational radius may be changed by the operator if it is determined that VLOS and aircraft control can be maintained.

-Altitude measuring equipment must be available and operational at the operating site to determine UA height above ground level (AGL). If available, set AGL altitude to zero, prior to takeoff, to monitor UA altitude above the ground.

-AGL altitude to be restricted to a maximum of 400 feet. The maximum altitude may be less, depending on the zone the operation is conducted in.

-All operat ions conducted in the vicinity of an airport are to remain more than 2.5 statute miles (SM) from all runway centerlines extended, and all runway thresholds. Example: The threshold is thebeginning of each end of a runway. Extend the runway centerline for 2.5 SM. If you are within 2.5 miles

of the threshold, you must stay 2.5 miles laterally from centerline extended. i.e. draw a line perpendicular to the runway centerline, at the threshold, and extended it 2.5 miles on both sides of the runway. Then go o ut 2.5 miles from the threshold and draw the same line. This is the box you have to stay out of, UNLESS YOU HAVE WRITTEN APPROVAL FROM THE AIRPORT MANAGER, OR HIS/HER REPRESENTATIVE. Written approval must remain on file, at the company, for two years.

- M inimum Safe Altitude: Section 91.119 establishes minimum safe altitudes for the operation of civil aircraft. No flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, a ll affected individuals will be aware of the flights. Because of prior landowner notice, and the size and weight of the UA, compliance with FAR 91.119 (c) will not be necessary.

-All required permissions and permits will be obtained from territorial, stat e, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

-All operations will include one pilot for flight control. If the complexity of the operation, surrounding terrain and obstacles, and the existence of other aircraft in the area dictate, at least one observer for visual line of site (VLOS) enhancement will be used.

-The UAS PIC must always yield right

- of

-way to manned aircraft.

- Exemption (Appendix A): This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be fo llowed. Otherwise, the operator must follow the procedures as outlined in its operating documents. **E -**  **Mr. Mc**  **Geasil’s C omp**  **any T**  **raining P**  **rogram :**  Training Program for Mr. McGeasil LLC Unmanned Aircraft System (UAS) Operations (Original dated: 03/02/2016) Objective: Mr McGeasil LLC is allowed to operate under the provisions of an exemption from some Federal Aviation Regulations (FAR). The purpose of this training program is to raise the knowledge, skills, and abilities, of UA operators, and observers, to an equivalent level of safety provided by the FAR’s. All training sessions will be dedicated training sessions. Training Course Outline:

- Contents of the Unmanned Aircraft (UA) Operations Manual for Mr. McGeasil LLC, as amended.

- Contents of the following manufactures operations and maintenance manuals as amended:

- DJI UA Fly Safe Manual.- DJI Inspire Pro Intelligent Flight Battery Safety Guidelines.

- DJI Inspire Pro Specifications.

- DJI Inspire Pro Quick Start Guide.

- DJI Operational Procedures for the Inspire Pro.

- DJI Phantom Pro Intelligent Flight Battery Safety Guidelines.

- DJI Phantom Pro Training Videos.

- DJI Phantom Pro Specifications.

- DJI Phantom Pro Quick Start Guide.

- DJI Phantom Pro User Manual.

- DJI Operational Procedures for the Phantom P ro.

- Describe the vertical and lateral limits of class A, B, C, D, E, and G airspace, and Basic Visual Flight Rule (VFR) minimum weather requirements in each airspace class.

- Review applicable parts of Federal Aviation Regulation (FAR) Part 61.

- Review app licable parts of Federal Aviation Regulation (FAR) Part 91. Performance Standard: This program is designed to train students to a level of understanding, and performance, equivalent to the level of safety provided by the Federal Aviation Regulations (FAR’s ). Understanding that students learn at different rates, there will not be a minimum number of training hours required. Student will train to the required level of proficiency.