July 10, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

Submitted Electronically via the Federal Docket Management System (FDMS)

Re: Exemption Request under Section 333 of the FAA Reform Act 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 (the “Reform Act”)

and 14 C.F.R. Part 11, Wynfred C. Sibley, Jr., P.E. a.k.a. W. C. Sibley, PE seeks an exemption

from Federal Aviation Regulations (“FARs”) detailed below for the following described

Unmanned Aerial System (UAS) called in this application the W. C. Sibley, PE System, which

includes an Unmanned Aircraft (UA) and ground station-based equipment and crew.

Proposed Operations

W. C. Sibley P.E. intends to use UAS in two general areas. First, W. C. Sibley, P.E.

seeks an exemption to perform video filming and photographing by air for public and private

use. The purpose of this photography will be to aid in topographic mapping of ground based

features on the earth. Second, it will employ UAS’s to inspect land, residential, commercial,

industrial structures and property.

Specifically, W. C. Sibley P.E. will use UAS’s that are equipped with cameras and

sensors in order to engage in the following commercial activities:

A. Taking photographs to support professional operations in engineering, forensics, land

surveying, architecture, real estate and other related professional activities.

B. Inspections by air of infrastructure such as bridges, highways, public utility corridors,

easements and rights-of-ways. These inspections will only be done under contract with

the owners or with any local government authority.

C. Inspections by air of land and residential, commercial and industrial structures, only

under contract with the owners or with any local government authority.

D. Inspections by air of agricultural facilities which include farm fields, drainage facilities,

animal waste systems, and irrigation systems only under contract with the owners or with

any local government authority.

E. Inspections by air to detect sources of pollution and gas emissions, under contract with

the owners in the area or with any local government authority.

F. Support provided to search and rescue operations and reconnaissance in cases of need,

emergency or natural disasters and only when government authorities have requested it

by contract or donation.
Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1.

The petitioner requested 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 Public Law 112−95 in reference to 49 U.S.C. § 44704, and in consideration of

the size, weight, speed, and limited operating area associated with the aircraft and its operation.

Specifically, the Unmanned Aircraft (UA) is:

A lightweight (< 7.0 lb. gross weight with all on-board equipment), battery operated 4-

motor rotorcraft in the form of a quadcopter that takes off and lands vertically, manufactured by

DJI, Model Phantom 2, Phantom 3 and Inspire, with the following equipment:

A. An on-board flight computer with GPS navigation and location ability that receives

signals for flight controls from a ground-based transmitter/controller;

B. An on-board camera capable of capturing imagery in the form of full color, high

definition still photos and video;

C. An on-board telemetry system that delivers flight data from the on-board flight computer

to the on-board radio transmitter including altitude AGL, horizontal and vertical speed,

compass direction of flight and direction back to its launch site;

D. An on-board radio transmitter that transmits live video from the onboard camera plus all

the flight data from the telemetry system described above;

The Ground Station Includes:

A. A Pilot in Command (PIC) in operational control of a flight operation from beginning to

end and who controls the UAS while in the air;

B. A radio transmitter/controller operated by the PIC to control the UAS while in flight;

C. A radio receiver receiving live video and flight data from the on-board camera and

computer projects it all together onto a screen for the PIC to view during flight;

D. A Visual Observer (VO) is a person who provides a second pair of eyes to visually track

the UAS while in flight.

Operator Certification and Responsibilities

A. Pilots of a small UAS would be considered “operators”.

B. Operators would be required to:

1. Pass an initial aeronautical knowledge test at an FAA-approved knowledge testing

center.

2. Be vetted by the Transportation Security Administration.

3. Obtain an unmanned aircraft operator certificate with a small UAS rating (like

existing pilot airman certificates, never expires).

4. Pass a recurrent aeronautical knowledge test every 24 months.

5. Be at least 17 years old.

6. Make available to the FAA, upon request, the small UAS for inspection or testing,

and any associated documents/records required to be kept under the proposed

rule.

7. Report an accident to the FAA within 10 days of any operation that results in

injury or property damage.
8. Conduct a preflight inspection, to include specific aircraft and control station

systems checks, to ensure the small UAS is safe for operation.

UAS Operating Exemptions Requested:

W. C. Sibley, PE is requesting an exemption from the following regulations 14 CFR §§ 61.23(a)

and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1),

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to

allow the petitioner to operate a UAS to perform aerial data collection.

UAS Operating Conditions and Limitations:

In order to provide for a level of safety at least equivalent to operations conducted using manned

aircraft, all W. C. Sibley, PE commercial UAS operations will be conducted in accordance with

the following specific operating limitations:

1. Operations are limited to the DJI Phantom 2, DJI Phantom 3, and DJI Inspire when

weighing less than 55 pounds including payload. Proposed operations of any other

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restriction. In no case will the UA be operated at

airspeeds greater than the maximum UA operating airspeed recommended by the aircraft

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The

VO and PIC must be able to communicate verbally at all times; electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before the

flight and cannot transfer his or her designation for the duration of the flight. The PIC

must ensure that the VO can perform the duties required of the VO.

7. 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 followed. Otherwise, the operator must follow the

procedures as outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions and present
updated and revised documents to the Administrator or any law enforcement official

upon request. The operator must also present updated and revised documents if it

petitions for extension or amendment to this grant of exemption. If the operator

determines that any update or revision would affect the basis upon which the FAA

granted this exemption, then the operator must petition for an amendment to its grant of

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions

arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or

flight characteristics, e.g., replacement of a flight critical component, must undergo a

functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in

a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS

is in a condition for safe flight. The pre-flight inspection must account for all potential

discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals

a condition that affects the safe operation of the UAS, the aircraft is prohibited from

operating until the necessary maintenance has been performed and the UAS is found to

be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement,

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial,

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC

must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft

in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability

to safely operate the UAS in a manner consistent with how the UAS will be operated

under this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC qualification

flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b).

Flights for the purposes of training the operator’s PICs and VOS (training, proficiency,

and experience-building) and determining the PIC’s ability to safely operate the UAS in a

manner consistent with how the UAS will be operated under this exemption are permitted

under the terms of this exemption. However, training operations may only be conducted

during dedicated training sessions. During training, proficiency, and experience-building

flights, all persons not essential for flight operations are considered nonparticipants, and

the PIC must operate the UA with appropriate distance from nonparticipants in

accordance with 14 CFR § 91.119.
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted

with an ARP, the center of the airport symbol as denoted on the current FAA-published

aeronautical chart, unless a letter of agreement with that airport’s management is

obtained or otherwise permitted by a COA issued to the exemption holder. The letter of

agreement with the airport management must be made available to the Administrator or

any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UA to conduct the intended

operation and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be conducted in accordance with an ATO-issued COA. The exemption

holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as

large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at

the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities

at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. 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, VO, operator trainees or essential persons are not

considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with

permission from the property owner/controller or authorized representative. Permission

from property owner/controller or authorized representative will be obtained for each

flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported

to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov.

Conclusion

W. C. Sibley, PE respectfully requests that the FAA grant the exemption sought in this request.

W. C. Sibley, PE believes that considering the small size and weight of the UAS, along with the

UAS PIC training and certification requirements stipulated above and the strict operating

guidelines proposed herein, it is clearly demonstrated that the UAS will be operated safely in the

national air space (NAS) with an equivalent or greater level of safety compared to manned

aircraft.

We are prepared to modify or amend any part of this request as deemed necessary by the FAA to

satisfy the need for an equivalent level of safety. Please contact us at any time if you require

additional information or clarification.

Sincerely,

/s/ Wynfred C. Sibley, Jr., P.E.

Wynfred C. Sibley, Jr., P.E.

Principal

W. C. Sibley, PE

2146 Sixth Avenue

Morton, PA 19070

610-809-9879

WCSibleyPE@verizon.net