July 10, 2015

To Whom it may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Brandon Wade Photography, LLC, hereby applies for an exemption from the listed Federal Aviation Regulations, FAR, to allow commercial operation of it’s UAVs, so long as such operations are conducted within and under the conditions outlined below or as may be established by the FAA as required by Section 333.1

Brandon Wade Photography has been in business since 2002 and I have held a private airman’s certificate since 2009. As UAVs have become more popular with the public, providing unique views at a far cheaper price than a traditional helicopter, many of my clients have started to request aerial still photography and videography shot from a UAV.

The exemption sought would allow Brandon Wade Photography, LLC to conduct commercial operations using UAVs for editorial clients which include, but not limited to, The Dallas Morning News, Fort Worth Star-Telegram, The Associated Press and Getty Images. The customers of these media outlets (the general public) are eager for new and different perspectives than what traditionally can be captured from a ground level perspective. UAVs in the past have shown to be effective at gathering and documenting news events that are important to the public at large.

The news media outlets themselves are also eager for a more cost effective way to capture aerial images/video compared to a fixed wing aircraft or helicopter. Journalists are alway searching for new ways to tell stories to inform the public. Brandon Wade Photography will be able to help achieve that goal through this exemption.

This exemption will also be used to provide aerial photography and videography to corporate clients (non-journalism entities) for a variety of uses from public relations to internal employee communications.

UAVs not only offer a more cost effective means of capturing aerial imagery, but can do so in a safer manner if rules and regulations are followed. Manned aircraft, while extraordinarily safe, do present the risk of severe injury or death to the crew and to those on the ground. UAVs carry no crew and are extremely light weight. 

### Brandon@Brandon Wade.com

835 E. Lamar Blvd. Suite 201 Arlington, Tx 76011 BRANDON WADE PHOTOGRAPHY, LLCBrandon Wade Photography, LLC requests relief from the following in addition to any additional regulations or future regulations that may apply to operating a UAV:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 CFR 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14C.F.R. (91.401-91.417) Please see addendum for the reasons to be exempted from the above.

Safety and caution will be the overriding factors when determining if it is appropriate to fly. As with any manned aircraft, weather conditions, Pilot in Command, PIC, and Visual Observer, VO, physical and mental conditions will be taken into account before any flight. The mechanical condition of the UAVs will also be held to the same high standards of manned aircraft. We would also like to request access to the B4YFly iOS app the FAA is currently beta testing.

Brandon Wade Photography, LLC intends to fly a 3DR Solo and/or a DJI Phantom 3.

The 3DR Solo has the following built-in safety features: 1. “Pause” button—an emergency airbrake that immediately stops Solo mid-flight and brings it to a hover 2. “Return Home”—push this button (with the image of a house) on Solo’s controller and Solo will automatically fly to a height of 50 feet and return to its point of takeoff, where it will auto-land 3. Loss of connection to controller—Solo returns home to land 4. Low battery—Solo first alerts you to a low battery; if you don’t bring it home, it will then come home to landThe DJI Phantom 3 has the following built-in safety features: 1. Has the ability to limit maximum altitude 2. Limit the distance that the UAV will fly from the PIC 3. Limit the the UAV from Class B, C and D airspaces 4. Naza-M GPS & Compass unit enhances performance for entry AP with position hold, return-to-home and intelligent orientation control. With GPS Module, the multi-rotors will have position and altitude lock in windy conditions. Precise hovering in less than 2.5m horizontal and and 0.8m vertical. 5. The Naza controller has built-in auto level Fail-Safe function. When communication between the UAV and transmitter is disconnected, the outputs of all command sticks from controller will go to center point . If adequate GPS signal is available the UAV will automatically return to its launch point and land.

Flight Standards and Operations: 1. Brandon Wade Photography, LLC will operate the UAV within line of sight of the PIC and VO. 2. Airport operators will be notified of a UAV flight if the flight takes place within 5 miles of the airport. The PIC will ALSO maintain radio contact with the control tower (if the airport operator desires) or maintain radio contact on the CTAF when operating near uncontrolled airports. 3. Maximum flight time with currently available batteries are 20 minutes 4. Flights will be limited to 15 minutes, this accounts for the required 25% battery reserve for a safe return to base landing 5. The UAVs will be programmed to stay below the maximum allowed altitude of 500 feet. 6. The weight of either the 3DR Solo or the DJI Phantom 3 are well below 55 pounds. The 3DR solo weighs 3.9 pounds with a camera and the DJI Phantom 3 weighs about 3 pounds with a camera. 7. Both UAVs will not exceed 50 knots, and will in all likely hood stay below 15 knots to provide smoother and clear video and photos. 8. A PIC and VO will be used for each flight and must be able to communicate by voice at all times. 9. We will seek permission from owners before making a flight over the owners private property. 10. We will not operate directly above of large crowds of people

Brandon Wade Photography, LLC respectfully requests exemption under Sec 333 to allow cost effective, efficient and safe operations of a UAV for gathering photographs and video for news organizations and for corporate clients.Sincerely,

Brandon Wade
Brandon Wade Photography, LLC

# Addendum

14 CFR Part 21, Airworthiness Certificates :
The FAA continues to develop rules for UAV systems, Brandon Wade Photography, LLC requests an experimental certificate be issued for the DJI Phantom 3 and the 3DR Solo for the following:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.
(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes, we would expect that an experimental certificate would permit our news gathering uses as well. The aircraft will not carry people, fuel, and will only fly under operational requirements outlined above. Combined with the light weight, construction of primarily of carbon fiber and plastic, we believe that the UAV will be as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H. and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks :
Both the 3DR Solo and DJI Phantom 3 are physical to small to conform to these regulations. Brandon Wade Photography LLC can however apply the word “EXPERIMENTAL” to the top of the UAVs using letters as large as possible that would physically fit to the top area of the aircraft.14 CFR 61.113 Private pilot privileges and limitations, Pilot in Command and 61.133 Commercial pilot privileges and limitations :
Brandon Wade currently hold a private pilots license, preventing the transaction of business as a pilot for hire. While this regulation is appropriate for the operation of a manned aircraft, that could carry people or property, it could also conceivably apply to PIC of a UAV. We seek relief from this regulation in relation to ONLY the operation of a UAV.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate: No certificate is applicable in the FARs, this regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements:

Request that the approved UAV flight manual be available at the ground station since the the UAV will be to small to carry it and since the PIC will be at the ground station.

91.119 Minimum safe altitudes:

The UAV will operate at altitudes and distances lower and closer than this regulation requires. The FAA currently requires that UAVs operate no higher than 500 AGL and due to the small size, low speed and low weight of either the 3DR Solo or DJI Phantom 3 risk to people or property is low.

CFR 91.121 Altimeter settings :

The UAVs on board altimeters transmit their altitude to the PIC

14 CFR 91.151 Fuel requirements for flight in VFR conditions :
Neither UAVs use fuel, have an internal combustion engine or can maintain flight for longer than 20 minutes, well short of the minimum 30 minutes required for day VFR flight. With a maximum flight time of 20 minutes (15 minutes taking into account a 25% reserve) We feel that the UAVs will meet the spirit of this regulation if flight times are limited to 15 minutes.14 CFR 91.203(a) & (b) Civil aircraft Certifications required :
The UAVs are to small to meet the requirements of this regulation. In an effort to comply with the spirit of the regulation we will keep the airworthiness certificate(s), registration number(s) and registration certificate(s) located on the ground with the PIC.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations :
The PIC will be responsible for daily and routine inspection(s) and maintenance. Such as inspecting for small cracks in the body or propellers and making sure electrical connections are not damaged. All other maintenance will be performed by the respective manufactures. The PIC will document any and all work to satisfy the regulation. Due to the simplicity of the UAVs construction the PIC should easily be able to determine if the UAV is fit for flight.

In conclusion:
Both the 3DR Solo and DJI Phantom 3 are small, light weight, make far less noise than manned aircraft and carry no fuel or crew. The UAVs have shown to be safe when all rules and regulations are followed.
For these reasons and those listed above Brandon Wade Photography, LLC respectfully requests exemption to use the 3DR Solo and/or the DJI Phantom 3 for commercial photography and video purposes.