Aerial PIC llc Jeff Webbe, Owner & Operator 17941 W. Jojoba Rd., Goodyear, AZ 85338 jjwebbe@gmail.com U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA FMRA and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Jeff Webbe, owner and operator of Aerial PIC llc

, (“the petitioner”), operating the DJI Inspire 1 Unmanned Aircraft System (“Inspire 1 ”) and the DJI Phantom 3 Un manned Aircraft System (“Phantom 3 ”), requests exemption from the Federal Aviation Regulations listed below. The requested exemptions would allow the petitioner to use the Inspire 1 and Phantom 3 Unmanned Aerial Systems for commercial purposes such as obta ining aerial images, photos and video footage for use in marketing, real estate, agricu lture, insurance, s urveying, aerial photography and videography, construction, events

, police and governmental support, and search and rescue operations. The petitioner plans to begin commercial operation in 2015 if the requested exemptions are approved.

REQUESTED EXEMPTIONS:

• 14 C.F.R. Part 21
• 14 C.F.R. Part 36 Noise Standards • 14 C.F.R. 45.23(b) Markings and Registration Number • 14 C.F.R. 61.113(a) & (b) Private Pilot Privileges and Limitations • 14 C.F.R. 61.133(a) Commercial Pilot Privileges and Limitations
• 14 C.F.R. 91.7 (a) & (b) Civil Aircraft Worthiness • 14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual Marking and Placard Requirements
• 14 C.F.R. 91.119 Minimum Safe Altitudes • 14 C.F.R. 91.121 Altimeter Settings • 14 C.F.R. 91.151(a) & (b) Fuel Requirements in VFR conditions • 14 C.F.R. 91.203(a) & (b) Airworthiness Certificate • 14 C.F.R. 91.207 Emergency locator transmitters • 14 C.F.R. 91.405( a) Maintenance Inspections • 14 C.F.R. 91.407(a)(1) Maintenance Inspections • 14 C.F.R. 91.409(a)(2) Maintenance Inspections • 14 C.F.R. 91.417(a) Maintenance Inspections2

Exemption Request Section 333 Aerial PIC llc Jeff Webbe, Owner & Operator 17941 W. Jojoba Rd., Goodyear, AZ 85338 jjwebbe@gmail.com REGARDING THE UNMANNED AIRCRAFT SYSTEM:

The UAS aircraft for which the petitioner is requesting exemption are the DJI Phantom 3 and the DJI Inspire 1 and their associated portable ground station controllers. Both aircraft are quad

- copters with mounted gimbal camera equipment. Both the Phantom 3 and the Inspire 1 are lightweight (3 pound s and 7 pounds respectively) , highly maneuverable

, remotely controlled aircraft with built

- in safety features including lost

- link capability, which enables the aircraft to enter the fail

- safe Return

- To

- Home mode in the event that the link
between the aircr aft and ground station is lost. The UAS aircraft can operate f or approximately 20 minutes on one battery charge. However, both aircraft can be programmed prior to flight with the height and radius limits of the operations area. If this feature is not enabl ed, the aircraft under no circumstances will be operated over
400 feet AGL. The Phantom 3 and Inspire 1 utilize two

- channel wireless communication devices as ground
stations. These devices use FCC

- compliant 5.8GHz frequency band for the video link and a 2.4 GHz transmission

. Pre

- flight inspections of the UAS aircraft and ground station will be completed prior to each flight to ensure that
UAS aircraft are fully operational and in good condition for a safe flight. The petitioner will conduct flights in accordance with the user manual of each UAS aircraft provided by the manufacturer , and adhere to the manufacturer’s maintenance requirements

. Please see attached u ser manuals for the Phantom 3 and Inspire 1 for additional information regarding the UAS aircraft.

REGARDING THE UNMANNED AIRCRAFT PILOT IN COMMAND:

The petitioner, Jeff Webbe, obtained his private pilot certificate in 1993 , his commercial pilot certifi cate in 2009

, and his certified fli ght instructor in 2010 . The petitioner maintains a class 2 medical and has approximately 500
hours of accumulated flight time, with over 50 hours in a single engine aircraft with retractable landing gear. The petitioner h as never been subject to an FAA enforceme nt action , nor has he ever been involved with an
airc raft accident or incident

. The petitioner has flown unmanned remote controlled aircraft as a hobbyist since
2010. In the event that the petitioner utilizes an emp loyee to act as pilot in command of the UAS aircraft, they will have a minimum private pilot certificate, a current class 3 medical, and one hour of supervised training on
the UAS aircraft to include emergency maneuvers and other safe flight requirements

.

During flights, t he petitioner will utilize a visual observer who is able to communicate verbally with the pilot in
command at all times.

REGARDING THE OPERATION OF THE UNMANNED AIRCRAFT SYSTEM:

The majority of the petitioner's operations will be co nducted in Arizona. As part of the safety and flight planning procedure to be followed prior to each flight, the pilot in command will: visually survey the flight area to ensure there are no potentially dangerous situations ; create a designated ground stat ion and/or landing area with restricted access for involved personnel only; ensure the flight area is more than 5 nautical miles from an airport (unless prior permission is obtained) and not subject to any TFRs; ensure the weather conditions are suitable f or flight; ensure the flight area is a safe distance from uninvolved persons, dangerous obstacles, and the public at large; and complete a pre

- flight inspection of the UAS aircraft and ground station components.3

Exemption Request Section 333 Aerial PIC llc Jeff Webbe, Owner & Operator 17941 W. Jojoba Rd., Goodyear, AZ 85338 jjwebbe@gmail.com The petitioner will adhere to the followin g UAS Operating Procedures:

1. All flights will be conducted below 4 00' AGL and f light speeds will not exceed 50 knots.

2. The pilot in command and designated visual observer will have direct line of sight visual observation of
the UAS aircraft at all times, and operate only within visual line of sight.

3. Prior to the start of a flight, the pilot in command will activate the UAS's global positioning system flight safety procedure and lost

- link procedure to ensure safe landing of the aircraft in the event of a lost link or compromised communication.

4. On each flight , the UAS aircraft will return to the designated landing area with no less than 5 minutes of battery power remaining.

5. In the event that a flight will take place within controlled class D airspace, the petitioner will obtain written permission from airport management and have the supporting documentation on site.

6. Flights will only be conducted during daylight hours, within the parameters of VFR flight.

EXPLANATION OF EXEMPTIONS REQUESTED:

• 14 C .F.R. Part 21 The petitioner requests exemption from airworthiness certification because the size, weight, speed, and operational capability of the UAS pose significantly less risk than the risks posed by conventional aircraft. While manned aircraft pose risks to the life and safety of the crew; that is not a consideration with the UAS. Risks to third parties are also minimized given the minimal weight of the UAS, the slow speed at which the UAS would operate, and the limited flight area of the UAS. The re are no risks of fuel spillage with the UAS since they are battery

- powered; therefore the risk of fire in the event of an accident is much less for the proposed UAS than for
traditional aircraft . Thus the petitioner requests that the FAA waive the requireme nt that the UAS designated in this request maintain an airworthiness certificate.

• 14 C.F.R. Part 36 Noise Standards The petitioner requests exemption from noise standards because; given the small size and battery

- powered engine, the UAS would have negl igible noise impact.4

Exemption Request Section 333 Aerial PIC llc Jeff Webbe, Owner & Operator 17941 W. Jojoba Rd., Goodyear, AZ 85338 jjwebbe@gmail.com • 14 C.F.R. 45.23(b) Markings and Registration Number The petitioner requests exemption from the size requirement of aircraft identification markings. Due to the small size of the UAS, it cannot accommodate the type

- size requirement . The petitioner will identify the UAS aircraft by serial number in the largest feasible type

- size, registered in accordance with 14 CFR Part 45 & 47.

• 14 C.F.R. 61.113(a) & (b) Private Pilot Privileges and Limitations • 14 C.F.R. 61.133(a) Commercial P ilot Privileges and Limitations The petitioner , Jeff Webbe, is a commercial pilot. However, the petitioner requests an exemption that would
allow a pilot in command to be employed and duly compensated who meets the requirements of private pilot
with curren t class 3 medical certificate in the event that the petitioner himself is not the pilot in command. The petitioner will only operate the UAS over property where the owner or owner's representative has agreed that the operation should occur.

• 14 C.F.R. 91.7(a) & (b) Civil Aircraft Worthiness As requested in 14 C.F.R. Part 21, the petitioner requests exemption from the requirement of an airworthiness certificate. However, the petitioner will ensure the safety and airworthiness of the UAS aircraft during a ll flights.

• 14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual Marking and Placard Requirements The petitioner requests exemption from the requirement of placards and on

- board flight manuals since these
items would not be feasible due to the small size of the UAS aircraft. The petitioner will ensure that the appropriate operating manuals and safety procedure guidelines are located at the ground station during flights.

• 14 C.F.R. 91.109 Flight Instruction The petitioner requests exemption from the requ irement that flight instruction be conducted in aircraft that have dual controls. In the event that the petitioner hires a nother person to act as pilot in command, that person will be a private pilot, hold a current class 3 medical certificate, and undergo ‘instruction’ on the UAS during dedicated training flights which will be operated at least 500 feet from non

- participating persons.

• 14 C.F.R. 91.119 Minimum Safe Altitudes The petitioner requests exemption from this requirement since the UAS can be saf ely flown at lower altitudes
than traditional aircraft. The UAS will be flown at or below 400 feet AGL. • 14 C.F.R. 91.121 Altimeter Settings The petitioner requests exemption for the required altimeter settings since the UAS aircraft is not equipped with

an on

- board altimeter as outlined in the regulation. The petitioner will monitor aircraft altitude using the UAS controls from the designated ground station. The petitioner will operate flights at a maximum of 400 feet AGL at
all times.5

Exemption Request Section 333 Aerial PIC llc Jeff Webbe, Owner & Operator 17941 W. Jojoba Rd., Goodyear, AZ 85338 jjwebbe@gmail.com • 14 C.F.R. 91. 151(a) & (b) Fuel Requirements in VFR conditions The petitioner requests an exemption from the VFR

- flight fuel carrying requirements because the UAS will operate on battery power. Operations with the UAS will maintain a 5

- minute reserve battery time.

• 14 C.F.R. 91.203(a) & (b) Airworthiness Certificate The petitioner requests exemption for the required airworthine ss and registration certificates.

• 14 C.F.R. 91.207 Emergency locator transmitters The petitioner requests exemption from the requirement that aircraft be equipped with an emergency locater transmitter, given the limited flight area of UAS flights.

• 14 C.F.R. 91.405(a) Maintenance Inspections • 14 C.F.R. 91.407(a)(1) Maintenance Inspections • 14 C.F.R. 91.409(a)(2) Maintenance Inspections • 14 C.F.R. 91.417(a) Maintenance Inspections The petitioner requests exemption from the regulated inspection intervals and mechanic certifications required for manned aircraft. The petitioner will maintain records of maintenance, service and repair to the UAS and will follow guidelines outlined by the UAS manufacturer.

CONCLUSION:

The petitioner respectfully requests consideration of this request for exemption from the aforementioned Federal Aviation Regulations for the purpose of commercial flight operations of UAS aircraft (DJI Phantom 3 and DJI Inspire 1).

Sincerely,

Jeff We bbe Owner & Operator, Aerial PIC llc