27 August 2015

Hon. Michael Huerta

Administrator

Federal Aviation Administration

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request

Re: Petition by Thomas Wessel LLC (“Petitioner”), pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

and in accordance with Title 14 Code of Federal Regulations (“CFR”) Part §11.81. Specifically, Petitioner proposes the use of

small, Unmanned Aircraft Systems (“sUAS”) for GIS surveying, real estate imaging and videography, construction site and roof

inspections, augmentation of search and rescue operations, and promoting public awareness of the utility and safety of sUAS

within the National Airspace System (NAS).

Dear Administrator Huerta,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and Title 14 of CFR Part §11.81 I, Thomas

W. Wessel (dba Alpine Aerial Images), am hereby applying for exemption from the below-listed Federal Aviation Regulations (“FARs”) to

allow commercial operations of small Unmanned Aircraft Systems (“sUAS”) under the conditions and limitations set forth in this

petition.

For your convenience, the petition will be structured in line with 14 CFR §11.81, as follows:

Section I. §11.81(a) - Petitioner Contact Information

Section II. §11.81(b) - Specific Sections of Title 14 CFR from which Petitioner Seeks Exemption:

Section III. §11.81(c) - Extent of relief and reasons Petitioner is requesting relief from existing regulations.

Section IV. §11.81(d) How Petitioner’s Exemption Request will benefit the Public as a whole.

Section V. §11.81(e) - Reasons why Petitioner’s exemption will not adversely affect safety, or how the exemption would provide a

level of safety at least equal to the existing rule.

Title 14, Chapter 1, Part 21, Subpart H - Certification procedures for products and parts, Airworthiness Certificates

Equivalent Level of Safety:

FAR §45.23(b) - Display of marks; general.

Equivalent Level of Safety:

FAR §61.113(a) - Private pilot privileges and limitations: Pilot in command.

Equivalent Level of Safety:

FAR §91.7(a) - Civil aircraft airworthiness.

Equivalent Level of Safety:

FAR §91.9(b)(2) - Civil aircraft flight manual, marking, and placard requirements.

Equivalent Level of Safety:

FAR §103(b)(2) - Preflight Action

Equivalent Level of Safety:

FAR §91.105 - Flight crewmembers at stations.

Equivalent Level of Safety:

FAR §91.109 - Flight instruction; Simulated instrument flight and certain flight tests.

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Equivalent Level of Safety:

FAR §91.119 - Minimum safe altitudes: General.

Equivalent Level of Safety:

FAR §91.121 - Altimeter settings

Equivalent Level of Safety:

FAR §91.151 - Fuel requirements for flights in VFR conditions

Equivalent Level of Safety:

FAR §91.405 - Maintenance Required

Equivalent Level of Safety:

FAR §91.409(a)(1)&(2) - Inspections

Equivalent Level of Safety:

Section VI. §11.81(f) A summary we can publish in the Federal Register, stating:

Section VII. §11.81 (g) Any additional information, views or arguments available to support your request

Section VIII. §11.81 (h) Exemption Outside the United States.

Section IX. - Drug & Alcohol Policy

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Section I. §11.81(a) - Petitioner Contact Information

Thomas W. Wessel

Thomas Wessel LLC, dba Alpine Aerial Images

PO Box 8976

Avon, CO 81620

Business: (970) 306-5683

Email: alpineaerialimages@gmail.com

Section II. §11.81(b) - Specific Sections of Title 14 CFR from which Petitioner Seeks Exemption:

1. Title 14 CFR, Part 21, Subpart H Certification procedures for products and parts, Airworthiness Certificates

2. Title 14 CFR, §45.23(b) Display of marks; general

3. Title 14 CFR, §61.113(a) Private pilot privileges and limitations: Pilot in command

4. Title 14 CFR, §91.7(a) Civil aircraft airworthiness

5. Title 14 CFR, §91.9(b)(2) Civil aircraft flight manual, marking, and placard requirements

6. Title 14 CFR, §91.103(b)(2) Preflight Action

7. Title 14 CFR, §91.105 Flight crewmembers at stations

8. Title 14 CFR, §91.109 Flight instruction; Simulated instrument flight and certain flight tests

9. Title 14 CFR, §91.119 Minimum safe altitudes: General

10. Title 14 CFR, §91.121 Altimeter settings

11. Title 14 CFR, §91.151 Fuel requirements for flights in VFR conditions

12. Title 14 CFR, §91.405 Maintenance Required

13. Title 14 CFR, §91.407 Operation after maintenance

14. Title 14 CFR, §91.409 Inspections

Section III. §11.81(c) - Extent of relief and reasons Petitioner is requesting relief from existing regulations.

Petitioner requests relief from the aforementioned Title 14 regulations so it may engage in sUAS operations for compensation,

and to contribute to the advancement of sUAS technology that will benefit the company, its clients, and the public at large. The extent

by which Petitioner seeks relief is exclusive to the applications listed below:

● Survey/GIS and mapping work

● Aerial photography & videography for weddings, real estate, and conservation easement monitoring

● Documentation of homebuilding and construction process for benefit of both construction companies and their clients

● Roof inspections

● Augmentation of Search & Rescue Operations, particularly for avalanche rescue & recovery operations

○ This would be volunteer work, in the public interest

Relief from the regulations listed in Section II, above, is further requested to the extent necessary to allow a PIC holding a

private pilot certificate, who possesses a current and valid airman medical certificate, and who has met certain flight-hour and currency

requirements, to conduct the proposed sUAS flight operations for compensation or hire.

The following sUAS are submitted for exemption from the aforementioned regulations and for the safe and lawful operations listed

above:

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1. DJI Inspire 1 (see, https://www.dji.com/product/inspire-1)

2. *SenseFly eBee (see, https://www.sensefly.com/drones/ebee.html), to be operated in accordance with any

restrictions set forth in Exemption No. 11263 .

*Please note that Petitioner will be the only operator to fly the eBee sUAS, and all flights will be performed in accordance with

SenseFly’s comprehensive manual (see appendix B) and FAA regulations.

Section IV. §11.81(d) How Petitioner’s Exemption Request will benefit the Public as a whole.

The incorporation of unmanned aerial systems into the National Airspace System (NAS) is inevitable as it has been mandated by

the FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012. Petitioner intends to demonstrate that the

responsible, controlled flight of sUAS within the NAS can benefit the public.

Unmanned Aircraft Systems have the advantage of being small and maneuverable, relatively quiet, cost-effective, and safe when

controlled by trained and responsible operators. The proposed aircraft do not carry a flammable petroleum-based fuel, thus avoiding

potential danger posed to the public in the event of an accident or collision. The ability to begin and end a flight at the location where

photos and video will be taken also translates to an environmentally-friendly option relative to the fuel a full-sized aircraft would burn

on a comparable photo-gathering mission.

Furthermore, unmanned aerial systems are able to fly missions in many areas where manned aircraft would create too loud a

noise signature, and where Federal Aviation Regulations would prohibit low-altitude operations over densely populated areas (FAR,

§91.119).

Petitioner is a licensed Private Pilot, having received flight training locally at the Eagle County Regional Airport (KEGE). Flight

training was in a Diamond DA-20 C-1, with a Gold Seal Certificated Flight Instructor and National Association of Flight Instructors (NAFI)

Master CFI, Loren French of Alpine Flight Training (www.alpineflighttraining.com). Loren is also a member of the FAAST Team (FAA

Aviation Safety Team), and Peitioner intends on promoting the safe use of sUAS within the national airspace system, hopefully as part of

the FAAST team (https://www.faasafety.gov/). Local training has provided Petitioner an intimate familiarity with local aircraft

operations, airspace, and approach and departure patterns, which is surrounded by Class D airspace which itself is abutted by Class E

airspace down to the surface along the approach path. In keeping with the major provisions of proposed Part 107 as described in the

“small UAS Notice of Proposed Rulemaking,” Petitioner would contact Eagle County Regional Airport’s Air Traffic Control prior to every

flight within the bounds of controlled airspace (locally, both Class D and Class E to the surface) to inform the controllers of any intended

flight, and receive clearance prior to takeoff.

Should the exemption be granted, Petitioner plans to display (in a static manner, and not in flight) the approved (exempted)

sUAS at the local airshow. Other displays at local community events will help further the public’s understanding of small sUAS and their

myriad uses, and to promote the responsible use thereof. Petitioner is also willing to work with the FAA, local airport management, and

other government or public agencies to educate the general public on the efficacy and safety of sUAS operating within the NAS.

While many operators of unmanned aerial systems fly without an understanding of the surrounding airspace, Petitioner would

lead efforts locally to encourage pilots to fly responsibly, and with a healthy respect for manned aircraft operations and all laws,

particularly those concerning privacy. Petitioner has a direct stake in promoting responsible flying of sUAS because he also flies manned

aircraft and is adamant people know the consequences of interfering with manned flight operations. Efforts to promote safety could

range from activities as a member of FAAST, letters to the editor in the local newspaper, and speaking to local organizations such as

rotary clubs.

Finally, Petitioner hopes to utilize sUAS technology for more than capturing photos and videos for compensation. Petitioner

plans to make his capabilities available to local search and rescue (SAR) groups, specifically to help locate trapped avalanche victims and

lost hikers. Often, the snow in an avalanche debris field is unstable and dangerous to traverse on foot. Onboard live-streaming video

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technology could allow SAR personnel the ability to gather reconnaissance on the potential pitfalls and dangers that may affect their

rescue operation. Lost hikers could be quickly identified to save SAR valuable time and let the hikers know they have been spotted.

Section V. §11.81(e) - Reasons why Petitioner’s exemption will not adversely affect safety, or how the

exemption would provide a level of safety at least equal to the existing rule.

The requested exemption would permit the operation of sUAS under controlled conditions in airspace that is limited, predetermined,

and controlled as to access. Should an exemption from the above listed Federal Aviation Regulations be granted, Petitioner will have

policies and procedures in place to ensure each flight is safe, responsible, and within the law. Additionally, besides being rated and

current pilots of manned aircraft, all PICs will be current and proficient in the flight of sUAS and will log all flight time for the purpose of

establishing currency and proficiency. Petitioner believes that as sUAS are integrated into the NAS, responsible and prudent operations

are paramount to gaining the public’s trust, proving the efficacy of sUAS within the NAS, and maintaining the integrity of the Petitioner’s

company. Responsible and lawful flight operations will be the cornerstone of every flight, providing for a level of safety which will be at

least equal to that established by the current regulations.

In the FAA’s Notice of Proposed Rulemaking, the proposed rules (Part 107) are...

...promulgated under the authority described in the FAA Modernization and ReformAct of 2012 (Public Law

112-95). Section 333 of Public Law 112-95 directs the Secretary of Transportation to determine whether

“certain unmanned aircraft systems may operate safely in the national airspace system.” If the Secretary

determines, pursuant to section 333, that certain unmanned aircraft systems may operate safely in the

national airspace system, then the Secretary must “establish requirements for the safe operation of such

aircraft systems in the national airspace system.

Below, Petitioner outlines how “a level of safety at least equal to the existing rule” would be attained should exemption from the

existing rule be granted.

In addition, Petitioner has included two appendices which represent the guiding documents that will ensure safe flights of meticulously

maintained aircraft, adhering to the conditions set forth by the FAA:

1. Appendix A - Aircraft Flight Manual & Operations Manual

2. Appendix B - Manuals and Documentation

Petitioner submits Appendix A as proprietary information and, pursuant to 14 CFR 11.35 (b), requests that the information be held

separately.

Title 14, Chapter 1, Part 21, Subpart H - Certification procedures for products and parts, Airworthiness Certificates

As stipulated in the proposed rules for Part 107, an “FAA airworthiness certification [is] not required. However, operator must maintain

a small sUAS in condition for safe operation and prior to flight must inspect the sUAS to ensure that it is in a condition for safe

operation. Aircraft Registration required (same requirements that apply to all other aircraft).”

Also, §21.175(a) and (b) (Airworthiness Certificates: classification) state which aircraft types are certified by the FAA as being airworthy.

§21.175 reads:

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(a) Standard airworthiness certificates are airworthiness certificates issued for aircraft type certificated in the normal, utility,

acrobatic, commuter, or transport category, and for manned free balloons, and for aircraft designated by the FAA as special

classes of aircraft.

(b) Special airworthiness certificates are primary, restricted, limited, light-sport, and provisional airworthiness certificates,

special flight permits, and experimental certificates.

None of the aircraft types listed in §21.175(a) or (b) are “small Unmanned Aircraft Systems.” Because the FAA does not provide for

airworthiness certification of sUAS, Petitioner requests exemption from Chapter 1, Subchapter C, Part 21, Subpart H

Equivalent Level of Safety:

Petitioner will follow set checklists prior to each flight to ensure consistent and thorough preflight inspections are performed prior to

each flight as outlined in Manual (see Appendix A). Preflight checks will include vital components, controllers, propellers, and the

proper functioning of video downlink and ensurance of a strong and stable GPS link. In addition, Petitioner will hover aircraft near

ground just after takeoff to ensure controls are functioning and aircraft responds as expected.

Finally, Petitioner will log all flights, and perform factory-recommended inspections at the intervals outlined by the manufacturers, and

will ensure firmware is updated as updates are released.

These actions will ensure the aircraft are in optimal flying condition, and airworth for each flight.

FAR §45.23(b) - Display of marks; general.

§45.23(b) states:

“When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or

light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the

words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

Petitioner requires relief from §45.23(b) because there is not sufficient space for lettering “not less than 2 inches...high.”

Equivalent Level of Safety:

Petitioner would register sUAS with the FAA, in line with proposed rules for Part 107 which state:

Aircraft markings required (same requirements that apply to all other aircraft). If aircraft is too small to display markings in

standard size, then the aircraft simply needs to display markings in the largest practicable manner (Small sUAS Notice of

Proposed Rulemaking (NPRM), p. 12).

Petitioner would also apply for a Certificate of Authorization (COA) through the FAA, a prerequisite of which is that the sUAS must be

registered with the FAA (https://www.faa.gov/uas/legislative_programs/section_333/how_to_file_a_petition/).

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FAR §61.113(a) - Private pilot privileges and limitations: Pilot in command.

§61.113(a) reads:

(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.

Equivalent Level of Safety:

An equivalent level of safety will be achieved because the sUAS will not carry a pilot or passengers, and will not carry any other

property or payload outside of the payload(s) for which the sUAS is approved by manufacturer. Furthermore, comprehensive training

for the PIC as outlined in the Appendix B will ensure that, in conjunction with the restricted and controlled area of operation and

thorough flight planning, risks associated with each flight will be smaller than those of commercial operations of manned aircraft and

thus the safety of each flight will exceed the current level of safety achieved by §61.113.

FAR §91.7(a) - Civil aircraft airworthiness.

§91.7 states that:

“No person may operate a civil aircraft unless it is in an airworthy condition.”

Additionally, the Small sUAS Notice of Proposed Rulemaking (NPRM) states that:

“Airworthiness: Pursuant to section 333(b)(2) of Public Law 112-95, the Secretary has determined that small sUAS subject to

this proposed rule would not require airworthiness certification because the safety concerns associated with small sUAS

operation would be mitigated by the other provisions of this proposed rule. Rather, this proposed rule would require the

operator to ensure that the small sUAS is in a condition for safe operation by conducting an inspection prior to each flight

(Small sUAS Notice of Proposed Rulemaking (NPRM), p. 15).

Petitioner plans to adhere to the guidelines proposed in the NPRM, but still requires relief from the current regulation since the

proposed rules have not yet taken effect.

Equivalent Level of Safety:

Petitioner would inspect aircraft prior to each flight, “to include specific aircraft and control station systems checks, [and] to ensure the

small sUAS is safe for operation (Small sUAS Notice of Proposed Rulemaking (NPRM), p. 12, listed among the Summary of Major

Provisions of Proposed Part 107).

Regular maintenance and preflight inspections of the sUAS and all ground and control stations will ensure continued airworthiness of

sUAS. Manufacturer guidelines will be followed for major overhauls and parts replacements, and any issues detected during a preflight

inspection which give cause for concern will be sufficient reason to cancel the flight, and proceed with further inspection and, if

necessary, component replacement.

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FAR §91.9(b)(2) - Civil aircraft flight manual, marking, and placard requirements.

§91.9(b)(2) states that “

(b) No person may operate a U.S.-registered civil aircraft

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §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.

Petitioner requests exemption because the aircraft, by its very nature will be “unmanned.” There is no space for manuals aboard the

aircraft, and no cockpit inside which to store them. Furthermore, because no human being will be aboard the aircraft at any time, there

will be no person aboard to read said manuals, were they able to be carried as payload.

Equivalent Level of Safety:

An equivalent level of safety will be met by having all manuals, checklists, and paperwork available at the ground station before, during,

and after the flight, including upon request by the FAA or law enforcement officials.

FAR §103(b)(2) - Preflight Action

§103(b)(2) states that the PIC shall obtain...:

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft,

relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and

temperature.

Equivalent Level of Safety:

The proposed sUAS do not require runways or airports for operation. Prior to any flight, petitioner will understand the variables

involved with flight from the given point, including elevation MSL, wind speed and direction, intended flight path, and any potential

obstructions which could adversely affect the flight.

FAR §91.105 - Flight crewmembers at stations.

§91.105 states:

(a) During takeoff and landing, and while en route, each required flight crewmember shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation

of the aircraft or in connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.­registered civil aircraft shall, during takeoff and landing, keep his or

her shoulder harness fastened while at his or her assigned duty station. This paragraph does not apply if—

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(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder harness fastened.

Because a sUAS, by definition, has no persons aboard during flight, and because there is no place for crew to sit or operate the vehicle

from within said vehicle, petitioner requests relief from §91.105.

Equivalent Level of Safety:

The PIC and camera operator will have ground-based “crewmember stations,” from which the sUAS will be controlled, while always

maintaining line of sight (“VLOS”). Exact “crewmember stations” will be determined prior to every flight during preflight action, based

on the flight environment and where it makes most sense to be located when acting as PIC or camera operator. Camera operator

station will be defined as a distance from PIC whereby PIC and camera operator can communicate verbally.

FAR §91.109 - Flight instruction; Simulated instrument flight and certain flight tests.

§91.109 says that any aircraft being used for flight instruction must have “fully functioning dual controls” for “flight instruction.”

The proposed sUAS are radio-controlled and, as such, may receive control inputs from only one control unit at a time. Therefore, an

exemption from §91.109 is requested.

Equivalent Level of Safety:

The proposed sUAS will fly within the weight and speed restrictions proposed by the FAA, and never fly outside of VLOS. Furthermore,

any training operations for new PIC of the aircraft will take place at a model aircraft field, far from any people, homes, business, or

other obstructions which could sustain damage in the event of a crash. These factors ensure the safety of people and property on the

ground. Also, training flights will take place when no other people are around flying other types of model aircraft, so as to prevent

damage to their property (model aircraft) while in the air (due to a midair collision).

A further redundancy is achieved by the “return to home” functionality of both proposed sUAS. Should the control unit and aircraft lose

communication, “return to home” automatically engages, and the sUAS autonomously flies itself back to the home-point defined during

pre-flight checklists. The FAA has previously approved exemptions for aircraft without fully functional dual controls. See exemptions

5778K & 9862A.

FAR §91.119 - Minimum safe altitudes: General.

The minimum safe altitude as defined in Section §91.119 is “500 feet above the surface,” (§91.119(c)), over “other than congested

areas.” All minimum safe altitudes increase from there (see §91.119(a) and §91.119(b)).

Proposed rules under the FAA Modernization and Reform Act of 2012 limit the operating altitude of a sUAS to a maximum of 500 feet

above ground level (“AGL”). Currently, the maximum altitude allowed is 400 feet. These maximums for sUAS are below the minimum

safe altitudes outlined in §91.119, thus necessitating an exemption from §91.119.

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Helicopter operations, as defined in §91.119(d) “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.

This exemption is for a multirotor sUAS with flight characteristics similar to those of a helicopter, including vertical takeoff and landing.

However, routes and altitudes prescribed for manned helicopters may not apply to sUAS operations. For this additional reason, an

exemption is requested from §91.119.

Equivalent Level of Safety:

Petitioner will achieve an equivalent level of safety through the policies and procedures in place which ensure no “undue hazard to

persons or property on the surface” exist (§91.119(a)).

All sUAS operations will comply with condition twenty-six (26) imposed by the FAA upon previously granted exemption requests

(including exemption nos. 11311, and 11314). Condition twenty-six reads:

All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and

structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or

debris in the event of an accident. The operator must ensure that nonparticipating persons remain under

such protection. If a situation arises where nonparticipating persons leave such protection and are within

500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of

nonparticipating persons’ and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to

those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and

determined that it does not present an undue hazard.

The PIC, visual observer (“VO”), operator, trainees, or essential persons are not considered nonparticipating persons

under this exemption.

An equivalent level of safety will be achieved because the size, weight, and speed of the sUAS mean the risk associated with

low-level operations is far less than that of helicopters and other conventional aircraft operating at or below 500 AGL. No

flight will be taken without the explicit permission of the owner or owners of the property over which the flight is to be flown.

All affected individuals will be aware of the planned flight operations and know to avoid the area during the duration of the

flight.

Additional safety will be achieved because low-altitude operations of the sUAS will ensure separation between sUAS and

conventional aircraft operating in the same airspace, where conventional aircraft are not exempt from §91.119.

FAR §91.121 - Altimeter settings

§91.121 prescribes the use of an altimeter to:

“maintain the cruising altitude or flight level of that aircraft.” Per §91.121, an altimeter must be set to “the current reported

altimeter setting...,” or “the current reported altimeter setting of an appropriate available station; or 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.”

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Equivalent Level of Safety:

The proposed sUAS do not have barometric altimeters. Instead, a GPS readout of the elevation in feet AGL will provide the information

necessary to fly less than 400 feet AGL. Takeoff position will be marked, and this will equate to “zero feet AGL.”

Further, both sUAS have a the ability to enable a maximum flight altitude AGL, and to fly below this user-defined altitude setting. This

setting will always be enabled to prevent flights above 400 feet AGL. See Appendix A for detailed information.

FAR §91.151 - Fuel requirements for flights in VFR conditions

§91.151 states that

“(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.

Proposed sUAS is able to fly for a maximum of 22 minutes on a single battery, fully charged. These flight time estimates are further

reduced because most proposed operations will be at 5,000 MSL or higher, meaning density altitude will adversely affect flight times.

Factoring in a 20% minimum battery charge upon landing, flight times are generally 12-14 minutes depending on conditions. As a

result, at the point of takeoff, the 30 minute minimum would already not be possible to achieve and an exemption from this rule is

requested.

Equivalent Level of Safety:

Petitioner would achieve an equivalent level of safety by returning the sUAS to land with at least 20% minimum battery remaining.

Pre-planned flight paths will ensure enough efficiency to complete the flight and achieve all mission goals within the proposed

minimums. Should a mission be more comprehensive (requiring more flight time), Petitioner has four batteries and can land, replace

the depleted battery with one fully-charged, and take off again to complete the proposed mission objectives without depleting any

single battery below the proposed 20%.

Finally, settings in the DJI Pilot App allow for an audible “low battery warning” to be set. Petitioner has this warning set at 40%, which

allows ample time to return the craft to its “home” position prior to battery levels falling below the proposed minimums of 20%. Critical

battery levels can be set such that the craft can engage “Return-to-Home” and autonomously fly to the designated “home” point and

land prior to battery levels falling below 20%.

Exemption Nos. 2689, 5745, and 10650 have granted similar relief from this FAR.

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FAR §91.405 - Maintenance Required

§91.405 outlines maintenance requirements, including persons authorized to perform maintenance as outlined under §43. Because

under the FAA Modernization and Reform Act of 2012 proposed sUAS will not be required to have an airworthiness certificate, §91.405

and §43 will not apply and Petitioner seeks an exemption from this rule.

Equivalent Level of Safety:

Petitioner would follow manufacturer’s guidelines for all maintenance. For the DJI Inspire 1, specifically, the Maintenance Manual

reads, in part:

To ensure that your aircraft continues to offer optimal performance and to ensure flight safety,

it is recommended that comprehensive maintenance be performed after every 200 flights or 50

flight hours. This manual is intended to help users maintain their aircraft and maximize its continued

reliability.

The Inspire1 Maintenance Manual can be found as a part of Appendix B, and also found here:

http://www.dji.com/product/inspire-1/download

FAR §91.409(a)(1)&(2) - Inspections

§91.409 stipulates that no person may operate an aircraft unless...

“...within the preceding 12 calendar months” it has had an annual inspection “in accordance with part 43 of this chapter (Chapter

1 of Title 14, Aeronautics and Space),” and “an inspection for the issuance of an airworthiness certificate...”

Airworthiness certificates will not be granted to sUAS under the rules proposed in the FAA Modernization and Reform Act of 2012, nor

will maintenance be required at the same frequency as currently stipulated under the FAR.

Equivalent Level of Safety:

Petitioner will adhere to manufacturer’s proposed maintenance schedule which Petitioner expects will necessitate maintenance more

than once annually. Petitioner will replace common components (such as propellers) “in-house,” as necessary, and in compliance with

the Inspire1 Maintenance Manual.

Should an inspection identify a more complex problem, or should a more substantial overhaul be required, sUAS will be sent to

manufacturer for further inspection and, if necessary, repair.

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Section VI. §11.81(f) A summary we can publish in the Federal Register, stating:

(1) The rule from which you seek the exemption; and

1. Title 14 CFR, Part 21, Subpart H Certification procedures for products and parts, Airworthiness Certificates

2. Title 14 CFR, §45.23(b) Display of marks; general

3. Title 14 CFR, §61.113(a) Private pilot privileges and limitations: Pilot in command

4. Title 14 CFR, §91.7(a) Civil aircraft airworthiness

5. Title 14 CFR, §91.9(b)(2) Civil aircraft flight manual, marking, and placard requirements

6. Title 14 CFR, §91.103(b)(2) Preflight Action

7. Title 14 CFR, §91.105 Flight crewmembers at stations

8. Title 14 CFR, §91.109 Flight instruction; Simulated instrument flight and certain flight tests

9. Title 14 CFR, §91.119 Minimum safe altitudes: General

10. Title 14 CFR, §91.121 Altimeter settings

11. Title 14 CFR, §91.151 Fuel requirements for flights in VFR conditions

12. Title 14 CFR, §91.405 Maintenance Required

13. Title 14 CFR, §91.407 Operation after maintenance

14. Title 14 CFR, §91.409 Inspections

(2) A brief description of the nature of the exemption you seek;

Exemption sought by Petitioner will permit operations of small Unmanned Aircraft Systems

(sUAS) for the purpose of conducting aerial video and photography in the public interest, and for commercial purposes.

Section VII. §11.81 (g) Any additional information, views or arguments available to support your request

Petitioner submits that this request for exemption from the aforementioned Federal Aviation Regulations is similar to previously

granted exemptions, numbered 11062 (see Docket No. FAA−2014−0352), 11109 (see Docket No. FAA−2014−0507), 11112 (see Docket

No. FAA−2014−0382), and 11213 (see Docket No. FAA−2014−0642). In those cases, the FAA found “that the enhanced safety achieved

using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a

manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that

the UAS operation enabled by this exemption is in the public interest.”

Petitioner, who will also act as PIC during flight operations, will be required to maintain currency as a certificated pilot in manned

aircraft (condition 13 placed on all approved, similar requests for exemption). As such, Petitioner has a very real interest in the

responsible and safe use of sUAS, especially in the vicinity of airports. Recent reports of near misses between manned and unmanned

aircraft are worrisome. However, Petitioner believes that through efforts to educate sUAS operators, safety can be enhanced in the

National Airspace System. By approving this request for exemption, FAA will enable Petitioner to “lead by example” in promoting the

safe flight of sUAS in the National Airspace System. As stated previously, Petitioner intends on promoting the safety and efficacy sUAS

through static displays, presentations to local organizations (such as Rotary clubs and real estate associations), letters to the local paper,

and, hopefully, as a member of the FAA’s Safety Team (FAASTeam), which promotes “safer skies through education

(https://www.faasafety.gov/).”

Also, other exemptions have been granted for the purpose of search and rescue (see Exemption Nos. 11549, 12406, and 11961).

However, to the Petitioner’s knowledge none have been granted which include support of avalanche search and rescue operations.

Having the ability to bring the latest sUAS technology to bear in support of search and rescue operations is in the public interest. As a

member of a Rocky Mountain community, Petitioner hopes to increase the safety of all those who venture into the backcountry for

skiing.

Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations | Page 13
Regarding privacy, exemption no. 12475 has been granted with this language:

Similar to the manned aerial acquisition flight operations that have been conducted for decades, the petitioner’s proposed

operation...will not implicate any privacy issues. Specifically, the sUAS will be operated only in compliance with operating

documents and procedures which requires property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations.

Finally, approval of exemptions allowing commercial operations of sUAS enhances safety while reducing risk. Manned aircraft

operations, specifically at lower altitudes, create a greater risk because of the greater weight, combustible fuel, and onboard human

payload. In contrast, sUAS eliminate nearly all of the risk associated with low-level manned-aircraft operations given the lesser weight,

absence of combustible fuel carried onboard, and the fact no persons are onboard. And because sUAS operations will occur with the

permission and knowledge of property owners, and in a controlled and predefined airspace, sUAS represent the perfect solution for the

requested operations, and are far safer than manned aircraft in similar situations and flight conditions (low and slow).

Section VIII. §11.81 (h) Exemption Outside the United States.

Petitioner does not plan to exercise the privileges of the exemption, if granted, outside of the United States.

Section IX. - Drug & Alcohol Policy

Petitioner shall operate sUAS in strict observance of 14 CFR §91.17. Despite the fact that a sUAS is by definition “unmanned,” these

aircraft can cause injury to property or persons if flown in an irresponsible or reckless manner. All operations will adhere to §91.17, the

adherence to this regulation being the responsibility of the PIC.

The PIC will make a determination prior to each flight as to the condition of both the PIC and the camera/gimbal operator. Should a

determination be made that a flight would be in violation of §91.17(a)(1), or §91.17(a)(2), or §91.17(a)(3), or §91.17(a)(4), the flight will

be cancelled.

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Petitioner respectfully submits this application for exemption, and looks forward to contributing to the advancement of sUAS in the

national airspace system as a commercial operator, and as a proponent of responsible flying and education for all those who endeavor

to fly sUAS in the national airspace system.

Respectfully,

Thomas W. Wessel

Thomas Wessel LLC

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