UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: John L Wheeler**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION**  **OF DJI PHANTOM 2 VISION+ AND DJI PHANTOM 3**  **PROFESSIONAL M ANNED AIRCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112 -**  **95)**

Submitted on August 1 st , 2015 John LWheeler 3430 Cape Forest Drive Kingwood, TX 77345 Tel (281) 806 01372 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...................................................................................................................... .....4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND................ ....................................................................................................4 BASI S FOR PETITION.........................................................................................................5 NAME AND ADDRESS OF PETITIONER.............................................................7 THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH JOHN L WHEEL ER SEEKS EXEMPTI ON.................................................................8 THE EXTENT OF RELI EF JOHN LWHEELER SEEKS AND THE REASON JOHN LWHEELER SEEKS THE RELIEF.........................11 THE REASONS WHY GRANTING JOHN L WHEELER ’S REQUEST WOUL D BE IN THE PUBLIC IN TEREST .........................................................15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPOR T JOHN LWHEELER ’S REQUEST.........34 CONCLUSION................................................................................................................... .35 APPENDI CES........................................................................................373 **GLOSSARY OF ABBREVIATIONS** AGL Above Gr ound Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulat ion GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** J ohn LWheeler seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA M odernization and Reform Act of 2012 (FMRA). This exemption will permit John L Wheeler to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** John LWheeler provides his clients with expertise and knowledge in the energy , insurance and real estate industries

. John LWheeler has over 8 years of professional experience in the Energy

Sector and Insurance Industries as an expert in Mechanical and Utili ties Inspections and Safety (OSHA 510 certified & National Center for Construction Education and Research, Certified for Abnormal Operating Conditions

– Field Operations ). He has over 40 ye ars recreational/hobby experience in photography and video and 18 months experience of all aspects of aerial video and photography . The objective of John LWheeler ’s aerial video operation s is to provide high quality imaging for a variet y of comme rcial, public, and residential uses, specifically targeting:

 Aerial acquisitions used for inspections of public and private infra structure
.

 Aerial video and photography for the Real Estate sector

 Motion Picture Filming

 In crease public knowledge of UAS and promote safe UAS operations.

 Search and Rescue operations5 **BAC KGROUND**  Unmanned Aircraft Sy stems: DJIPhantom 2 Vision+, DJ I Phantom 3 Professional UASs John LWheeler seeks an exemption to operate DJI s ys tems for compensation or hire within the NAS. The DJIPhantom 2 Vision+ and DJ I Phantom 3 Professional are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJ I Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, while having
a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately

29 knots. The DJ I Phantom 3 Professional has a maximum gross weight of approximately

2 pounds 13.15 ounces, a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots . The DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UAs are equipped with four main rotors; driven by L ithium Poly mer battery

powered electric motors. The DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UAs that will be operated b y John LWheeler will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. **BASIS FOR PETITION** Petitioner, John LWheeler , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 2 Vision+, DJ I Phantom 3 Professional UASs in the National Airspace S ys tem (NAS), and for an6

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b ), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, John L Wheeler ’s operation of DJIPhantom 2 Vision+ and DJ I Phantom 3 Professional UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, John LWheeler requests relie f from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. John LWheeler submits that the requested relief i s proper since an equivalent level of safet y will be ensured. John LWheeler will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g , and DJIPhantom 2 Vision+ and DJIPhantom 3 Professional In struction Manual). Furthermore, John LWheeler will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by John LWheeler to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJIPhantom 2 Vision+ and DJIPhantom 3 Pr ofessional UASs in a manner consistent with7

this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. John LWheeler seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, John LWheeler submits that he will ensure that the DJ I Phantom 2 Vision+ and DJIInspire 1UASs are in an airworth y condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJ I Phantom 2 Vision+ an d DJ I Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight. John LWheeler also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2 Vision+ and DJ I P hantom 3 Professional UAs will not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 Vision+ and DJ I Inspire 1UAs will be provided to the PIC via Global Positioning Sy stem (GPS) equipment and radio communicatio ns telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with John LWheeler ’s operation of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , John LWheeler seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. John LWh eeler submits that safet y will not be affected b y operation of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UAs during daylight hours in visual meteorological conditions8

(VMC) under visual flight rules (VFR), with enough battery power to fly

fo r a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, John LWheeler provides the following informatio n in support of its petition for exemption: **A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: John LWheeler 3430 Cape Forest Drive Kingwood, TX 77345 Tel (281) 806 0137 Email: info@quadoptic.com **B. The Spec**  **ific Sections Of 14 C.F.R. From Which**  **John L Wheeler Seeks Exemption.**  **1. John L Wheeler**  **Seeks Exemption From The Requirements Of Section 61.113(a) And (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subse ctions (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) Th e aircraft does not carry passengers or property

for compensation or hire.
**2. John L Wheeler**  **Seeks Exemption From The Requirements Of Section 91.7(a).** 9 Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. John L Wheeler**  **Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a ) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to
-- (i) The current reported altimeter s etting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; o r (iii) 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. **4. John L Wheeler**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91 .151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. **5. John L Wheeler**  **Seeks Exemption From The Requirement Of Section 91.405(a).** 10 Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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[.] **6. John L W**  **heeler Seeks Exemption From**  **The Requirements Of Section**  **91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. John L Wheeler**  **Seeks Exemption From The Requirements Of Se ctions**  **91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. John L Wheeler**  **Seeks Exemption From The Requirements Of Sections**  **91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator sh all keep the following records for the periods specified in paragraph (b) of this section:11 (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (i i) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspe ction program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safet y directive number and revisio n date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines , rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y oth er work or for 1 ye ar after the work is performed.12 (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner o r operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief John L Wheeler**  **Seeks And The Reason John L Wheeler**  **Seeks The Relief. 1. Extent Of Relief**  **John L Wheeler Seeks And The Reason**  **John L Wheeler Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, John LWheeler submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision+ UAS or DJ I Phantom 3 Professional UAS unless that PI C has met certain flight

hour and currency

requirements, demonstrating that the PI C is able to safely operate either the D JIPhantom 2 Vision+ or DJ I Phantom 3 Professional UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and13

emergency

maneuvers, as well as maintaining appropriate distances from people, vessels,

v ehicles and structures. Further, John LWheeler submits that all flights of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to John LWheeler ’s business; and (2) will not carry passengers or property

for compensation or hire. **2. Extent Of Relief John L Wheeler**  **Seeks And The Reason John L Wheeler**  **Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow John LWheeler to determine that the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the John L Wheeler Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional Instruction Manual). John LWheeler seeks the requested relief because the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, John LWheeler will ensure that the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs are in airworthy condition based upon it s compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief John L Wheeler**  **Seeks And The Reason John L Wheeler**  **Seeks Relief From Section 91.121.**14 Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations o f the DJIPhantom 2 Vision+ and DJIPhantom 3 Professional UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), John LWheeler seeks the requested relief because the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safet y will be maintained since the DJIPhantom 2 Vision+ and DJIPhantom 3 Professional UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display of the GCS. **4. Exten t Of Relief**  **John L Wheeler Seeks And The Reason**  **John L Wheeler Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming no rmal cruising speed, to fly after that for at least 4.5 minutes. John LWheeler seeks the requested relief because15

without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UAs will severel y constrain the practicalit y of an y aerial video or still photo flight operations that John L Wheeler proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs, the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional operating documents, and John LWheeler ’s proposed operating limitations, ensure that John LWheeler will safely operate the battery powered DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. **5. Extent Of Relief John L Wheeler**  **Seeks And The Reason John L Wheeler**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a**  **) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certificate, John LWheeler requests relief from these Sections because the DJ I Phantom 2 Vision+ and DJ I Phantom 3 P rofessional UASs do not require airworthiness certificates. As set forth more fully below, the DJIPhantom 2 Vision+ and DJ I Phantom 3 Professional UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y , John LWheeler will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the John LWheeler Aerial Operations Manu al, Monthly Maintenance Lo g, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional Instruction Manual).16

Furthermore, John LWheeler will document and maintain all maintenance records for the DJIPhantom 2 Vision+ and DJIPhantom 3 Professional UASs. **D. The Reasons Why Granting**  **John L Wheeler ’s**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b y allowing John L Wheeler to safel y, efficiently , and economicall y perform aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the DJIPhantom 2 Vision+ and DJIPhantom 3 Professional UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably, the benefits of John LWheeler ’s proposed operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs will be realized without implic ating an y privacy

issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally

utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowin g the use of a DJIPhantom 2 Vision+ or DJ I Phantom 3 Professional UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJIPhantom 2 Vision+ and DJIPhantom 3 Professional UAs do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and17

photograph y missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The**  **DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Professional UASs.**  Conducting aerial acquisitions with the DJIPhantom 2 Vision+ and DJ I Phantom 3 Professional UASs, instead of manned aircraft, will greatly benefit the public by

drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By using battery power and electric motors, t he DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs to perform aerial acquisitions, the substantial risk to life and property in the a ir and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially

reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectivel y, widths of 16 inches and 17.7 inches respectivel y, an d with no fuel on board),18

has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that t ypi cally conduct similar operations (weighing approximately 6,000 pounds with a wingspan o f approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Professional UASs Will Benefit The**  **Economy.** In addition to being sa fe and efficient, the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs will allow United States based companies, like John L Wheeler , to remain competitive and contribute to growth of the U.S. economy

. Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery

powered DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs is one such technology th at not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs, companies such as John L Wheeler , can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth of the U.S. economy . Improved fi nancial performance of U.S. companies, through commercial use of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional19

UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows compan ies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, John LWheeler ’s proposed operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs will not implicate any privacy issues. Specifically , the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs will be operated only in compliance with operating doc uments (i.e., the John LWheeler Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional Instruction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Leas**  **t Equal To That Provided By The Rule From Which**  **John L Wheeler Seeks Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Professional UAs**  **Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, John L Wheeler ’s operation of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a20

hazard to users of the NAS or the public, or otherwise pose a threat to national securit y. Speci ficall y, FMRA Section 333 states the following, in part: (a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certa in unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Syste ms. --In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populate d areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthines s certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, John LWheeler submit s that the DJIPhantom 2 Vision+ and DJ I Phantom 3 Professional UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs; (b) the pilot cer tification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Professional**  **UASs Demonstrate Its Safe Characteristics.**21 The DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Prof** 

**essional UASs.**  The technical specifications of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs are set forth by the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A and B.

**ii. The DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Professional UASs**  **Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs is provided at pages 25

- 35 of the DJ I Phantom 2 Vision+ and pages 12

- 16 and 45

- 50 of the DJ I Phantom 3 Professional User Manuals , attached hereto as Exhibit C and D. **iii. The DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Professional UASs** 

**Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control L ink is lost, the DJIPhantom 2 Vision+ and DJ I Phantom 3 Professional UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UAs do not reacquire contr ol link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.22 A complete description of the Failsafe Function s of the DJ I Phantom 2 Vision+ UAS are set forth at pages 27 through 29 and for the DJ I Phantom 3 Professional at pages 13 through 15 of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional User Manuals, attached hereto as Exhibit C and D.

**iv. The DJI**  **Phantom 2 Vision+ and DJI Phantom 3 Professional**  **GCS And Its Operation.**  A complete description of the operation and specifications of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 2 Vision+ User Manual and pages 40 through 4 6 of the DJ I Phantom 3 Professional User Manual. DJIPhantom 2 Vision+ and DJIPhantom 3 Professional User Manuals are attached hereto as Exhibits C and D.

**b. Flight Operations Of DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Professional**  **UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  John LWheeler will only utilize certificated pilots who possess a current and valid airman medical cert ificate to act as a pilot in command (PI C) of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs. Additionally , a safet y observer will assist all pilots during flight time.

**c. Flights Of DJI Phantom 2 Vision+ and**  **DJI Phantom 3 Professional UASs**  **Will Be Conducted Pursuant To Specific Operating Limitations.** In seeking this exemption, John LWheeler proposes to commerciall y operate DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs for the special purpose of conducting aerial video and pho tograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision+ and DJ I23 Phantom 3 Professional Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photog raph y. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a sp ecial request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y devi ce other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO m ay be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be des ignated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assis ting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS ope rations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations containe d in the grant of exemption 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 upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding upd ates or revisions to the operating documents.24 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is pro hibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y d ocumented in the aircraft records. 11. 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. The PI C who cond ucts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the o perating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. T he authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption , including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of tr aining the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for f light operations are considered nonparticipants, and the PI C must operate the UA25 with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. Al l operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not a

uthorized. 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted i n accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

not be operated less than 500 feet below or less than 2,000 feet hor izontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in ac cordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and for ecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All op erations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications26 Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement officia l upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducte d at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating per sons 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, f light operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the ris k of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All op erations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be co nducted. 33. 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 r eported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)**  **And (b) Would Not Adversely Affect Safety.**27 John LWheeler submits that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to oper ate the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJIPhantom 2 Vision+ or DJ I Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering John LWheeler ’s proposed area of operations, and the operating limitati ons set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 2 Vision+ or DJ I Phanto m 3 Professional UAS, John LWheeler submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for John LWheeler ’s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138 , 11150, 11153, 11156, 11158, 11159, 11160, 11161). John LWheeler will not allow any PI C to operate the DJ I Phantom 2 Vision+ or DJIPhantom 3 Professional UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phant om 2 Vision+ or DJ I Phantom 3 Professional UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 Vision+ or DJI Phantom 3 Professional UAS in a manner consistent with this28

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during J ohn LWheeler ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at leas t 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations und er the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 ar e appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would sat isfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and29 experience

- building flights the PI C is required to op erate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, John LWheeler will ensure safe operations by not allowing any

PIC to operate the DJ I Phantom 2 Vision+ or DJ I Phantom 3 Professiona l UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely

operate the DJ I Phantom 2 Vision+ or DJ I Phantom 3 Professional UAS in a manner consistent with the exemption, including evasiv e and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safet y establi shed b y Section 91.7(a) will be maintained because prior to every

flight, John LWheeler will ensure that the DJ I Phantom 2 Vision+
or DJ I Phantom 3 Professional UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 110 63, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 Vision+ and DJ I Phantom 330

Professional UAs will be provided to the PI C via GPS equipment and a radio communications teleme try data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with John L Wheeler ’s operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UAs within visual l ine of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 1106 6, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs; (2) the limitations on the pro posed flight operations; and (3) the location of the proposed flight operations. Accordingl y, John LWheeler will ensure that it will safely operate the battery

powered DJIPhantom 2 Vision+ and DJIPhantom 3 Professional UAs during daylight hours in VFR c onditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.31 Here, as in Exemption No. 11109, the technical specifi cations of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safet y established b y 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% re maining battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom Vision+ and DJI Phantom 3 Professional UASs will descend and land automatically

. Significantl y, previous exemptions granted by the FAA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums p rescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91**  **.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, John LWheeler submits that the equivalent level of safet y with regard to the regulatory maintenance and alteration requirements established by Section s 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met32

because John L Wheeler will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices pr escribed in the operating documents (i.e., the John LWheeler Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional Instruction Manual). Furthermore, John LWheeler will document and maintain all mainte nance records for the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs. Since the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs will be inspected as prescribed by the operating documents, John LWheeler will maintain the equivalent le vel of safet y established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional User Manuals are attached hereto as Exhibit C and D; a copy of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversel y affect safety because John L Wheeler will use trained technicians to perform maintenance, alterations or preventive maintenan ce on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenan ce of the DJIPhantom 2 Vision+ and DJIPhantom 3 Professional UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthl y maintenance log.33 Significantl y, previous exemptions granted b y the FAA concer ning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of John L Wheeler ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs, John L Wheeler submits that safet y will not be adversely affected b y granting exemption from 14 C.F.R. Sect ions 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 1106 5, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act o f 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , John LWheeler requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering34

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requi rements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs, sinc e the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he presc ribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary

to est ablish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for L eading Edge’s intended operation of the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs, which contain such safet y standards that the Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a ) & (b). **F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which John L Wheeler**  **Seeks Exemption:**35 John L W heeler seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption John L Wheeler**  **Seeks:** This exemption will permit John L W heeler to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support**  **John L Wheeler**  **’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, John LWheeler ’s request for exemption may be granted pursuant to the author ity of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, John LWheeler will operate the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y. **CONCLUSION** As set forth herein, John L Wheeler seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs commerciall y, without an airworthiness certificate, for the limited36

purpose of conducting aerial video and pho tography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, b y allowing J ohn LWheeler to safel y, efficientl y, and economicall y operate the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Professional UASs commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform A ct of 2012, Section 333, John LWheeler respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) , and 91.417(a) & (b), and permit L eading Edge to operate the DJ I Phantom 2 Vision+ and DJIPhantom 3 Professional UASs commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States. Date d: March 6 , 2015

Respectfully submitted, 

# John L Wheeler

_________________________ John LWheeler 3430 Cape Forest Drive

. Kingwood, TX 77345 Tel: ( 281 ) 806

- 013737

**Appendices :**  A

– DJ I Phantom 2 Vision+ Specifications Data Sheet B

– DJ I Phantom 3 Professional Specifications Data Sheet C

– DJIPhantom 2 Vision+ Manufacturer’s User Manual D

– DJ I Phantom 3 Professional Manufacturer’s User Manual E

– Monthly

Maintenance L og **APPENDIX**

**– A**  **DJI PHANTOM 2 VISION+ TECHNICAL**  **SPECIFICATIONS** John LWheeler only

utilizes safe and reliable UASs. DJIis an industry leader in small UAS production. DJ I UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into contro lled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJ I software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices) 1.1 DJIPhantom 2 Vision+ 1.1.1 Aircraft 1.1 .1.1 Supported Battery

– DJ I 5200mAH LiPo Battery 1.1.1.2 Weight (Battery

& Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy

(Ready to Fl y)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocit y - 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0
- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F
- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sens or Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 1 .1.3.5 HD Video Recording

– 1080p30 & 720p 1 .1.3.6 Recording Field of View

- 110 0 /85 0 1.1.4 Transmitter38 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V 1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m 1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W

**A PPENDIX** 

**– B**  **DJI PHANTOM 3 PROFESSIONAL TECHNICAL**  **SPECIFICATIONS** John LWheeler only

utilizes safe and reliable UASs. DJIis an industry leader in small UAS production. DJ I UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJ I software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/t ablet devices) 2.2 DJIPhantom 3 Professional 2.2. 1 Aircraft 2.2.1.1 Supported Battery

– PH3 4480 mAh LiPo

– 15.2v Battery 2.2.1. 2 Weight (Battery

& Propellers Included)

– 2lbs 1 2.15 oz (12 80 g) 2.2.1
. 3 Hover Accuracy

(Ready to Fl y)

– Vertical: 0
. 5 m; Horizontal: 2.5m 2.2.1 .4 Max Yaw Angular Velocit y - 200 0 /s 2.2.1 .5 Max Tilt Angel

- 35 0 2.2.1 .6 Max Ascent Speed

– 5 m/s 2.2.1 .7 Max Descent Speed

– 3 m/s 2.2.1 .8 Max Flight Speed

– 1 6 m/s (NOT RECOMMENDED) 2.2. 2 Gimbal 2.2.2 .1 Working Current

– Static: 750mA; Dy namic: 900mA 2.2.2 .2 Control Accuracy

- ±0.03 0 2.2.2 .3 Controllable Range

– Pitch:

- 90 0 to +30 0 2.2.2 .4 Maximum Angular Speed

– Pitch: 90 0 /s 2.2. 3 Camera 2.2.3 .1 Operating Temperature Range

- 32 0 F
- 104 0 F (0 0 C

- 40 0 C) 2.2.3 .2 Sensor Size

– 1/2.3”39 2.2.3 .3 Effective Pixels

– 1 2.4 M 2.2.3 .4 Resolution

– 4384x3288 2.2.3 .5 HD Video Recording

– 1080p30 & 720p 2.2.3 .6 Recording Field of View

- 110 0 /85 0 2 .1.4 Remote Controller 2.2.4 .1 Operating Frequency

– 2.400 GHz

– 2.483 GHz 2.2.4 .2 Communication Distance ( outdoor And unobstructed)

– 20 00m 2.2.4 .3 Receiver Sensitivity (1%PER)

- - 93dBm 2.2.4 .4 Transmitter Power (EIRP)

– FCC : 20dbm; CE:16dbm 2.2.4 .5 Working Voltage

– 1
. 20mA@ 7.4 V

**A PENDIX** 

**– C**  DJIPhantom 2 Vision+ Manufacturer’s User Manual D owload User Manual

- **HERE A**  **PPENDIX**

**– D** 

DJIPhantom 3 Professional Manufacturer’s User Manual D owload User Manual

- **HERE APPENDIX** 

**– E**