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Fe bruary 16 , 2016 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations.
Name and Address of Petitioner: Larry Napier dba AERIAL DAYDREAMS 134 Nelson Court Barboursville, WV 25504 304

- 972

- 8724 (Cell) 304

- 736

- 6452 (Home) ljnapier@yahoo.com

Dear Sir or Madam:
Pursuant t o Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F .R. Part 11, Larry Napier/ dba AERIAL DAYDREAMS , the Petitioner, request exemption from the following Federal Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace System. Regulations from which the exemption is requested:
14 CFR 21 H 14 CFR 61.113 (A) 7 (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.109 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b ) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) & (b) 14 CFR 91.417 (a) & (b)
This exe mption will permit AERIAL DAYDREAMS to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of real estate

– existing and under construction

– to include residential, commercial, educational institutions, construction sites, government/civil landscapes and events over certain areas of the United States.Page **2** of **7**

BACKGROUND: Unmanned Aircraft Systems: DJI Phantom 3 Professional AERIAL DAYDREAMS seeks an exemption to operate a DJI Phantom 3 Professional for compensation or hire within the NAS.
The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 3 pounds, while having a length of 23 inches width of 23 inches (including the propellers), height of 8 inches, and a maximum speed of approximately 35 mph. The DJI Ph antom 3 is eq uipped with four main rotors; driven by electric motors powered by a Lithium Polymer battery.
The D JI Phantom 3 UAS that will be operated by AERIAL DAYDREAMS 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 Markings.

BASIS FOR PETITION Petitioner, AERIAL DAYDREAMS , 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 f or Certain Unmanned Aircraf t Syst ems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption from the requirements of:
14 CFR 21 H 14 CFR 61.113 (A) 7 (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.109 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) & (b) 14 CFR 91.417 (a) & (b)

14 CFR 21 H: Airworthiness Ce rtificates Ce rtification Procedures for Products and Parts Reason f

or Exception : It has been determined that similar UAS do not require an airworthiness certificate as granted in Exemption No. 11623, 11650, 11664 and 11734.Page **3** of **7**

14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) has a pilot certificate or special purpose authorization issue d under this part in that person's physical possession or readily accessible. (2) The flight is only incidental to that business or employment. (3) The aircraft does not carry passengers or property for compensation or hire. Reason f

or Exception : Relief f rom Section 61.113(a) and (b) entitled Privat e pilot privileges and limitations: Pilo t in command (PI

C) , is requested to the extent necessary to allow a PIC 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 PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.
AERIAL DAYDREAMS submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has dem onstrated the ability to safely operate the UAS in a manner consistent with the specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, AERIAL DAYDREAMS submits that all flights of the DJI Phantom 3 UAS will not carry passengers or property for compensation or hire. 14 CFR 91.7 (a): Civil Aircraft Airworthiness Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy condition. Reason f

or Exception : It has be en determined that similar UAS do not require an airworthiness certificate, however the pe titioner will ensure airworthiness through the combined use of the manufacture's Operations Manual and preflight checks.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this re quirement since the aircraft is not only too small to carry documentation; the documentation would not be available to the crew.Page **4** of **7**

Reason f

or Exception : The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it (saved on the iPad Air 2 tablet being used to pilot the UAS)

. The FAA has issued the following exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A

. 14 CFR 91.109: Flight Instruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Reason f

or Exception : UAS's and remotely pil oted aircraft, by their design d o not have fully functional dual controls. Flight control is accomplished through the use of an app downloaded to the iPad Air 2 that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in expe rimental aircraft. The equivalent level of safety is provided by the fac t that neither a pilot nor passenger will be carried in the aircraft and by the size and speed of the aircraft. 14 CFR 91.121: Altimeter Settings This section requires that each person operating an aircraft shall maintain the cruising altitude or flight l evel of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL. Reason f

or Exception : Most UAS do not have a barometric altimeter. It does have a GPS that will calculate altitude. The Pe titioner will limit flights to a maximum altitude of 400 feet AGL (which can be automatically set/controlled with the app in the iPad Air 2 tablet) as granted in Exemption No. 11623, 11664, and 11734. 14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Condition s Fuel requirements for flight in VFR conditions: (a) No person may begin a flight in an airplane 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. (1) During the day, to fly after that for at least 30 minutes. Reason f

or Exception : The DJI Phantom 3 UAS provides a “ low battery” warning to indicate when you should return the UAS to the launch point. In addition, a "cri tical" battery level warning implements an automatic "return to Home" action in this situation. AERIAL DAYDREAMS will not initiate a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and all flights will be conducted during daylight hours and at times not to be a nuisance to others. 14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:Page **5** of **7**

• No perso n may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization iss ued under 19.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. Reason f

or Exception To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at a ground control point where the pilot is flying the DJI Phantom 3 UAS for immediate access to the extent they are applicable to the UAS

. 14 CFR 91.405 (a): Maintenance Inspections Each owner or operator of an aircraft: (a) shall have that aircraft inspected as prescribed in Su bpart 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. Reason f

or Exception : AERIAL DAYDREAMS shall inspect the aircraft prior to every flight. The Petitioner also will follow the manufacturer's recommended preflight checklist and make any repair necessary before flights occur. AERIAL DAYDREAMS will also maintain a log of any maintenance or repairs performed. 14 CFR 91.407 {a) {1): Maintenance Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may operate any aircraft that has under gone maintenance, preventative maintenance, rebuilding, or alteration un less (1) it has been approved for return to service by a person authorized under 43.7 of this chapter. Reason f

or Exception : AERIAL DAYDREAMS, who has the responsibility for the operation and safety of the UAS , will follow the manufactures suggested replacement parts. 14 FR 91.409 (a) ( l) & (2): Inspections Inspections: (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 by 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. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an "annual" inspection in the required maintenance records. Reason f

or Exception : AERIAL DAYDREAMS will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe flight at all times. 14 CFR 91.417 (a) & (b): Maintenance RecordsPage **6** of **7**

Except for work performed in accordance with 91 .411 and 91.413 each registered owner or operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b) of this section: ( 1) (2) (3) Reason f

or Exception : AERIAL DAYDREAMS will keep a reco rd of all repairs and modifications. AERIAL DAYDREAMS also proclaims to use approved manufactured parts for all repairs and modifications.

The Reasons Why Granting AERIAL DAYDREAMS Request Would Be in the Public In terest , That I s, How It Would Benef

it the Public as a Whole. Granting the present Petition will further the public interest by allowing AERIAL DAYDREAMS to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.
Additio nally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, crashes and acci dents and provide significant benefits to the economy. Notably, the benefits o f AERIAL DAYDREAMS’s proposed operation of the DJI Phantom 3 UAS will be realized without conflicting with or violation of any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 3 UAS is 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 allowing the u se of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do es not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography m issions 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 3 UAS. Conducting aerial media acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography which burn approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS , while reducing the carbon footprint of aerial acquisitions, also eliminate s noise pollution, as t he UAS is propelled by battery powered electric motors, rather than an internal combustionPage **7** of **7**

engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with tradition al manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, th e small size and weight of the DJI Phantom 3 UAS has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct simil ar operations

. 3. Performing Aerial Video and Photography O pe rations With The DJI UAS Will Benef it The Economy. In addition to being safe and efficient, the DJI Phantom 3 is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will all ow United States based firms , su ch as AERIAL DAYDREAMS to remain competitive and contribute to growth of the U.S. economy. Specifically, 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 DJI Phantom 3 UAS utilizes technology that 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 DJI Phantom 3 UAS, companies such as AERIAL DAYDREAMS can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of UAS ’s provides a stable workforce that increases consumer spending; improves local, st ate, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.
In Conclusion: I, Larry Napier /AERIAL DAYDREAMS, request for exemption from the above mentioned Fe de ral Aviation Re gulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace System in order to perform the Applications and Operation s pertaining to my video/photography business in a safe and controlled e nvironment

.
Sincerely, Larry Napier 134 Nelson Court Barboursville, WV 25504 304

- 972

- 8724 (Cell) 304

- 736

- 6452 (Home) ljnapier@yahoo.com