**Brandon Cleeves 2109 Delano Rd.**  **Comins Michigan 48619** July 29 , 2015 United States Department of Transportation Docket Management System 1200 New Jersey Avenue S.E. Washington, DC 20590 Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(2); and 14 CFR 91.417(a) and (b). To whom it may

Concern: Pursuant to the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Brandon Cleeves, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of a DJI Phantom 3(UAS), so long as such operations are conducted within and under the conditions outlined herein or as may b e established by

the FAA as required by Section 333. Commercial operation of a UAS, as described herein, which are equipped with camera(s) and sensors, would perform the following services:

 Inspections  Aerial Photography  Real Estate advertising  Promotional advertising The name and address of the Applicant is:

Brandon Cleeves Address: 2109 Delano Rd. Comins Michigan 48619 Phone: (989)848 -2398 Email: bcleeves@gmail.com2

Regulations from which the exemption is requested:

• 14 CFR 21 subpart H • 14 CFR 45.23(b) • 14 CFR 61.113(a) and (b) • 14 CFR 91.7(a) • 14 CFR 91.9(b)(2) • 14 CFR 91.103 • 14 CFR 91.119(c) • 14 CFR 91.121 • 14 CFR 91.151(a) • 14 CFR 91.203(a) and (b) • 14 CFR 91.405(a) • 14 CFR 91.407(a)(1) • 14 CFR 91.409(a)(2) • 14 CFR 91.417(a) and (b) Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security i ssues. Regarding the level of safety and professionalism surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. **14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203(a)(1)**  Subpart H, entitled the Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701(f) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. Inall cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot nor passenger, carries no explosives materials or flammable liquid fuels, and operates3

exclusively

within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by b oth the operator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancement provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Par 21, Subpart H **14 CFR §4 5.23(b) Marking of the Aircraft**  The regulation requires: When marks include only the Roman letter “N” and the registration number on limited, restricted or light- sport category aircraft or experimental or provisionally c ertificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit or pilot station, in letters not less than two inches nor more than six inches high, the words “limited,” “restricted,” “light- sport,” experimental,” or “provisional” as applicable. Even though the UAS will have no airworthiness certificate, an exemption may b e needed as the UAS will have no entrances to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two - inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29(f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by

§ 45.29(f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” **14 CFR §61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command** Pursuant to 14 CFR 61.113 (a) and (b), 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. The a pplicant may

achieve an equivalent level of safety as achieved by current regulations, because the applicant’s UAS does not carry any pilots, passengers or property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a ATP certificate along with a current Third Class or higher Medical Certificate exceeding the current safety levels in relation to 14 CFR 61.113 (a) and (b). Applicant believes that the operation and limitations set forth in the FOM will equate to the safe operation of the UAS. **14 CFR §91.7(a): Civil Aircraft Airworthiness**4

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. **14 CFR §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft**  Section 91.9(b)(2) provides: No person may operate a US -registered civil aircraft ...(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there i s available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry

such a flight manual 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 thus an exemption will be necessary. **14 CFR §91.103: Preflight Action** This regulation requires each pilot in command to take certain actions before flight to insure the safety o f flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. The PIC will take all actions as stated in the FOM. **14 CFR §91.119: Minimum Safe Altitudes** Due to the limitation that operations be conducted at or below 400 feet AGL, an exemption will be necessary

to meet 91.119. The UAS will be operated as follows: Operate the UAS for 15 -20 minutes per flight, land UAS according to the manufacturer’s recommended minimum level of battery

p ower. Operate my

UAS only within visual line of sight (VLOS). Have emergency

procedures in place to abort flight if necessary in the interest of safety. **14 CFR §91.121 Altimeter Settings** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the field elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude readout, an exemption may be needed. **14 CFR §91.151(a) Fuel Requirements for Flight in VFR Conditions** Section 91.151(a) prohibits an individual from beginning “...a flight in an airplane under VFR conditions unless (considering and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruise speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” Since, the battery

p owering the UAS provides approximately 2 0 minutes of powered flight an exemption will be necessary.5

**14 CFR §91.203(a) and (b): Carrying Civil Airc raft Certificates and Registration**  (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate...” (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully

loaded weighs no more than 55 pounds and is operated without an onboard pilot. As such, there is no ability to place or carry

c ertification and registration documents or to display them on the UAS and thus an exemption will be necessary. **14 CFR §91.405(a); 407(a)(1); 409(a)(2); 417(a) and (b): Maintenance Inspections** These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Applicant; an exemption will be necessary. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. **Additio nal Information**  Brandon Cleeves holds an ATP certificate #3172992 in addition is a Certified Flight Instructor, Instrument Instructor and Multi- engine instructor. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the Applicant’s UAS. Accordingly, the applicant requests that the FAA grant the requested exemption with minimum delay. Please remember safety is no accident. Sincerely, Brandon Cleeves bcleeves@gmail.com ENCLOSURES: DJIPhantom 3

–specs DJIPhantom 3 user manual6

**Aircraft Weight (including battery and propellers)** 

1280 g **Diagonal size (including propellers)**  590 mm **Max Ascent Speed** 5 m/s **Max Descent Speed** 3 m/s **Hover Accuracy**

 Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m  Horizontal: +/- 1.5 m **Max Speed** 16 m/s (ATTI mode, no wind) **Max Altitude Above Sea Level** 6000 m **Operating Temperature** 0°C to 40°C **GPS Mode** GPS/GLONASS
**Camera Sensor** 

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **Lens** FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞7 **ISO Range** 100 - 3200 (video) 100 - 1600 (photo) **Shutter Speed**  8s - 1/8000s **Image Max Size** 4000 x 3000 **Still Photography Modes**

 Single Shot  Burst Shooting: 3/5/7 shots  Auto Exposure Bracketing (AEB): 3/5  Bracketed Frames at 0.7EV Bias  Time- lapse **Video Recording Modes Phantom 3 Professional** 

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30  FHD: 1920x1080p 24/25/30/48/50/60  HD: 1280x720p 24/25/30/48/50/60 **Phantom 3 Advanced**

 FHD: 1920x1080p 24/25/30/48/50/60  HD: 1280x720p 24/25/30/48/50/60 **Supported SD Card Types** Micro SD Max capacity : 64 GB. Class 10 or UHS - 1 rating required **Max Bitrate of Video Storage Phantom 3 Professional**  60 Mbps **Phantom 3 Advanced**8 40 Mbps **Supported File Formats**

 FAT32/exFAT  Photo: JPEG, DNG  Video: MP4, MOV (MPEG-4 AVC/H.264) **Operating Temperature** 0°C to 40°C
**Gimbal Controllable Range** 

Pitch - 90° to +30° **Stabilization** 3 - axis (pitch, roll, yaw)

**Vision Positioning**  **Max Velocity**

Less than 8 m/s (when 2 m above ground) **Altitude Range** 30 cm- 300 cm **Operating Range** 30 cm- 300 cm **Operating Environment** Surface with clear pattern and adequate lighting (Lux > 15)

**Remote Controller**  **Operating Frequency**

2.400 GHz-2.483 GHz **Max Distance** 2000m (outdoors and unobstructed) **Video Output Port** USB **Operating Temperature**9 0°C - 40°C **Battery** 6000 mAh LiPo 2S **Mobile Device Holder** For tablet or phone **Receiver Sensitivity (1%PER)**

- 101 dBm ±2 dBm **Transmitter Power (EIRP)**

 FCC: 20 dBm  CE: 16 dBm **Working Voltage** 1.2 A @7.4 V

**Battery Charger**  **Voltage**

17.4 V **Rated Power Phantom 3 Professional** 

 100 W **Phantom 3 Advanced**

 57 W

**Intelligent Flight**  **Battery Capacity** 

4480 mAh **Voltage** 15.2 V **Battery Type** LiPo 4S10 **Energy** 68 Wh **Net Weight** 365 g **Max Flight Time** Approximately

23 minutes **Operating Temperature**

- 10°C to 40°C **Max Charging Power** 100 W

**App / Live View**  **Mobile App**

DJIPilot **EIRP** 100mW **Live View Working Frequency** 2.4GHz ISM **Live View Quality**  720P @ 30fps (depending on conditions and mobile device) **Latency** 220ms (depending on conditions and mobile device) **Required Operating Systems**

 iOS 8.0 or later  Android 4.1.2 or later **Recommended Devices**

 iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi -Fi +11 Cellular, iPad mini 2, iPad mini 2 Wi -Fi + Cellular, iPad Air 2, iPad Air 2 Wi -Fi + Cellular, iPad mini 3, and iPad mini 3 Wi -Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus  Android: Samsung S5, Note 3 , Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini  *Support for additional Android devices available as testing and development continues