Three	Wire	Aerial	Imaging,	LLC

1120	Selwood	Drive Virginia	Beach, VA	23464

1 U.S. Department of Transportation

, Docket Operations West Building Ground Floor, Room W 12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

July 20 th , 2015

Re: Section 333 Exemption Request

Enclosures: (1) Standard Operating Procedures

Dear Sir or Madam:

Three Wire Aerial Imaging, LLC, ( otherwise referred to as "TWAI" or " the Petitioner " or "the operator" ) requests exemption from several provisions of Title 14 of the Code of Federal Regulations ( 14 CFR) to permit the use of small unman ned aircra ft systems (s UAS) within the National Airspace System (NAS) for applications including aerial photography and videograph y, inspecti ons, and surveying. TWAI is a veteran

- owned

small business owned and operated by two experienced Naval Aviators. This petition is submitted by the Managing Partners of the LLC witho ut legal assistance and may be published in the Federal Register in its entirety.

I. Petitioner Information

Three Wire Aerial Imaging, LLC

1120 Selwood Drive Virginia Beach, VA 23464 threewireai@gmail.com

N athan W. Lyon

– (603)732

- 2012

Lucas L. Mixon

– (410)212

- 6850

II. The aircraft

The Petitioner specifically requests relief in order to operate the DJI Phantom 3 Advanced, a quadcopter

- type remote ly

- piloted aircraft which uses a 4480 mAh "Intelligent Flight Battery" to power four brushless electric motors. See Table 1 for aircraft specifications.Three	Wire	Aerial	Imaging,	LLC

1120	Selwood	Drive Virginia	Beach, VA	23464

2 Maximum weight (including battery) 2.8 lbs

Diagonal width 23.2 in

Number of rotors 4

Maximum speed 31 kts

Maximum rate of climb 980 fpm

Maximum rate of descent 590 fpm

Maximum flight time (approx) 23 min

(Table 1

– Aircraft Specifications)

The Phantom 3 incorporates numerous safety features, including: 1) Low Battery Return to Home (RTH), in which the sUAS automatically returns to its "home point" or lands immediately at specific power remaining thresholds; and 2) Failsafe RTH, which

initiat es an RTH profile in the event of a loss of remote controller signal. The remote

controller itself operates in the 2.400

- 2.483 GHz range and is compliant with FCC regulations.

The DJI Phantom 3 Advanced User Manual is available at the following URL:

http://www.dji.com/product/phantom

- 3/download

III. Pilots in command

TWAI managing partners are Naval A viators holding Commercial Pilot certificates and current military medical clearance . The ir combined experience exceeds 6,000 flight hours, including over 5,000 hours in the F/A

- 18 Hornet and Super Hornet . Each has significant experience with IFR and VFR operations in the Hampton Roads region, where the Petitioner plans to conduct the majorit y of its sUAS operations. The management will ensure that additional sUAS operators meet the requirements detailed in the "Crew Requirements" section of Enclosure 1

– Standard Operating Procedures.

IV. Operations

Under the requested exemption, TWAI will conduct operations in accordance with Enclosure 1. The Petitioner will update this document to comply with any conditions associated with a n exemption granted under Section 333

.

Additionally, n umerous recent exemptions under Section 333 included th e following stipulation :

"The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denote d on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemptionThree	Wire	Aerial	Imaging,	LLC

1120	Selwood	Drive Virginia	Beach, VA	23464

3 holder. The letter of agreement with the airport management must be made avai lable to the Administrator or any law enforcement official upon request."

The Petitioner seeks to operate primarily in the Hampton Roads region of Virginia, where

there exist s a high concentration of small airports (see Figure 1). As such, obtaining a letter of agreement from eac h airport's management places a significant burden on the Petitioner and will likely result in delayed or lost business opportunities. Instead, the

Petitione r specifically requests a less

- restrictive limitation such as:

"When operating in the vicinity of an airport, the UA must remain clear of traffic patterns

and the portions of controlled airspace which begin at the surface, unless a letter of
agreement wit h the airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request."

As U.S. Navy strike

- fighter pilots with over 20 years' combined experience in the Hampton Roads area, TWAI managing partners and operators are highly familiar with IFR and VFR operations in the vicinity of local airports. This experience, combined with

the 400' A GL limitation and a restriction from operating within controlled airspace without prior coordination, will result in a level of safety equal to or greater than that of

the aforementioned 5 NM restriction when applied to other operators.

(Figure 1

– Pri mary Operating Area)Three	Wire	Aerial	Imaging,	LLC

1120	Selwood	Drive Virginia	Beach, VA	23464

4 V. Public benefit

If granted relief as requested , TWAI will offer photography, videography, site inspections, surveying, and other forms of airborne data collection to the public at a lower cost and with reduced risk when compare d to traditional av iation operations. Employing manned aircraft to accomplish similar tasks introduces risk s associated with carrying crew members and flammable liquid fuel s aboard much heavier aircraft in close proximity to work sites. In the case of inspections, the use of sUAS mitigates risks of exposing personnel to excessive heights and/or remote locations.

V I . Specific sections of 14 CFR from which T WAI seeks exemption

A. 14 CFR Part 21 Subpart H

B. 14 CFR Part 27

C. 14 CFR §45.23 and §45.27 and §45.29( b)(3)

D. 14 CFR §§61.23(a) and (c)

E. 14 CFR §§91.119(b) and (c)

F. 14 CFR §91.121

G. 14 CFR §§91.151(a) and (b)

H. 14 CFR §91.405(a) ; 14 CFR §91.407(a)(1) ; 14 CFR §§91. 409(a)(1) and (2) ; 14 CFR §§91.417(a) and (b)

I. Any additional relief deemed appropriate by the FAA.

V II. Extent of relief

A. 14 CFR Part 21 Subpart H

– Airworthiness Certificate

.

TWAI requests exemption from this Subpart i n accordance with the statutory

g uidance found in Section 333 of the FAA Modernization and Reform Act of 2012. Given its size, weight, speed, and operational capability, the sUAS operated without an

airworthiness certificate by the Petitioner will provide a level of safety at least equivalent to those aircraft in compliance. In addition to its small physical size, the sUAS does not

carry crew, passengers , or flammable liquid fuel, greatly limiting the extent of possible damage or injury to personnel in the event of a mishap. Furthermore , planned flight profiles will keep the sUAS clear of class A, B, C, D, and E airspace withou t specific prior permission.

B. 14 CFR Part 27

– Airworthiness standards: normal category r otorcraft

.

As the sUAS operated by TWAI is a rotorcraft, it would otherwise require

certification under Part 27. Accordingly, the Petitioner requests exemption for the same reasons identified in support of item A.

C. 14 CFR §45.23 and §45.27 and §45.29(b)(3)

– Display of marks, general ; Location of marks, nonfixed

- wing aircraft; Size of marks.Three	Wire	Aerial	Imaging,	LLC

1120	Selwood	Drive Virginia	Beach, VA	23464

5 14 CFR §45.23(b) requires the operator to "display on that aircraft near eac h entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 'limited,' 'restricted,' 'light

- sport,' 'experimental,' or 'provisional,' as applicable." 14 CFR §45.27 requires the tailmarks req uired by §45.23 to be displayed "on that rotorcraft, horizontally on both surfaces of the cabin, fuselage, boom, or tail." §45.29(b)(3) requires 12

- inch identification markings on rot o rcraft.

The sUAS operated by TWAI lacks a cabin, cockpit, or pilot stat ion, and its small physical size does n ot allow for 12

- inch identification markings or 2

- inch lettering. If exempted, the Petitioner will achieve an equivalent level of safety by displaying any required markings using letters and numbers which are as larg e as practicable

.

D. 14 CFR §§61.23(a) and (c)

– Medical certificates: Requirement and duration.

The Petitioner requests exemption from the requirement to hold a medical

certificate. Unde r the exemption, pilots will ope rate only sUAS

- type aircraft and will achieve an equivalent level of safety by holding a valid U.S. driver's license.

E. 14 CFR §§91.119(b) and (c)

– Minimum safe altitudes: general.

14 CFR §§91.119(b) and (c) prescribe minimum safe altitudes for operations over "conges ted" and "other than congested" areas. TWAI requests exemption from these minimum altitudes in order to enable photography, videograph y, and airborne data collection. By adhering to the operating limitations described in Enclosure 1 (Standard Operating P rocedures ), the Petitioner will ensure adequate clearance from non

participating persons, ves sels, vehicles, or structures. The small physical size, minimal gross weight, lack of flammable fuel, and lack of any personnel aboard the sUAS

minimize the risk associated with incursions. The combination of operating limitations and the physical characteristics of the aircraft provides a level of safety at least equivalent

to that provided by these sections

. TWAI is requesting permission to operate in the NAS at and below 400' AGL in

ord er to mitigate separation concerns with aircraft operating in accordance with §§91.119(b) and (c). Without relief, a dhering to the 400' restriction would prohibit the Petitioner from operating within the areas des cribe d in §§91.119(b) and (c). TWAI seeks

relief to conduct operations within cities and towns in order to fulfill its business objectives. As an example, conducting aerial photography of a home for real estate marketing purposes may require the operator to p osition the sUAS within 500' of an adjacent structure. In this case, if granted an exemption, TWAI would obtain permission

from the owner of the adjacent structure and assess the risk associated with operating at a

reduced distance. By creating a F light O perations P erimeter (FOP) , operators will ensure

that non

- participants remain sufficiently clea r of the flight path of the sUAS

. Furthermore, §91.119(d) permits helicopters to operate at less than the minimums prescribed in §§91.119(b) and (c), "provided each p erson operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

The sUAS operated by the Petitioner is a rotorcraft. As such, operators will be in compliance with §91.119(d).Three	Wire	Aerial	Imaging,	LLC

1120	Selwood	Drive Virginia	Beach, VA	23464

6 F. 14 CFR §91.121

– Alti meter settings.

This section requires operators to maintain cruising altitudes or flight levels by

reference to an altimeter . While the sUAS operated by TWAI is equipped with a barometric altimeter, it is used only as an input to the flight control syst em, and barometric altitude information is not displayed to the pilot. Instead, the pilot is presented with GPS altitude information at the control station. By referencing GPS

altitude and site elevation in order to maintain sUAS altitude at or below 400 ' AGL

, the operator can maintain an equivalent level of safety.

G. 14 CFR §§91.151(a) and (b)

– Fuel requirements for flight in VFR conditions.

These sections prohibit the commencement of a flight in VFR conditions unless "there is enough fuel to fly to th e first point of intended landing and ... during the day, to fly after that for at least 30 minutes" or, in the case of a rotorcraft, "to fly for at least 20

minutes." Compliance with these sections would prohibit flight of the Petitioner's sUAS

,

as the DJI Phantom 3 Advanced battery is designed to provide "up to 23 minutes of uninterrupted flight time when fully charged." Several operational constraints and design features will provide an equivalent level of safety. TWAI pilots will operate the sUAS withi n a defined FOP while maintaining visual LOS. Typically, the SUAS can be landed immediately almost anywhere within the FOP, negating the need for continued flight to reach a suitable landing site. Several design features provide the pilot with situationa l awareness to battery life and prevent loss of control associ ated with a power loss. The remote controller includes a visual indicator of remote control battery status, and the DJI Pilot application includes a digital indication of battery life and estim ated remaining flight time for the sUAS itself. Once the aircraft battery reaches a defined "low battery level," the pilot receives a warning within the Pilot application as well as a visual indication on the sUAS itself. When the "critical low battery l evel" is reached, the sUAS enters an automatic landing profile. As stated in Section IV (Operations), TWAI pilots will terminate flight no later than receiving a "low battery level" indication.

H. 14 CFR §91.405(a)

– Maintenance required; 14 CFR §91.407(a) (1)

– Operation after maintenance, preventive maintenance, rebuilding, or alteration; 14 CFR §§91.409(a)(1) and (2)

– Inspections; 14 CFR §§91.417(a) and (b)

– Maintenance records.

These regulations dictate maintenance, operations after maintenance, inspections,

and maintenance records in compliance with Part 43. Part 43 applies only to aircraft with an airworthiness certificate. Should the Petitioner be granted an exemption from 14 CFR Part 21 Subpart H (Airworthiness Certificate), these provisions will not apply to TWAI. The operator will conduct and record any required maintenance in accordance with manufacturer recommendations and ensure that the sUAS is in a flightworthy condition prior to operation. In addition to properly maintaining the air craft , the Petitioner willThree	Wire	Aerial	Imaging,	LLC

1120	Selwood	Drive Virginia	Beach, VA	23464

7 achieve at least an equivalent level of safety based on the size, weight, speed, and operational capability of the s UAS , as described in Item A

.

I. Any additional relief deemed pertinent by the FAA.

TWAI requests exemption from any other sections of the Federal Aviation Regulations which the FAA deems appropriate based on propo sed operations. S hould the

FAA invoke rules governing the use of UAS which are less restrictive than the conditions associated with any exemption, TWAI re quests permission to be relieved of those

conditions.

Sincerely,

//S//

Nathan W. Lyon Managing Partner

//S //

Lucas L. Mixon Managing PartnerEnclosure	(1) Standard Operating Procedures

Crew Qualifications

Crew members shall meet the following criteria:

1. Pilots ("operators") responsible for flying sUAS aircraft shall hold an FAA

- issued

airman certificate and a current FAA medical certificate OR a valid U.S. driver's license. Pilots shall demonstrate proficiency in the operation of the sUAS in a training environment prior to conducting flight operations.

2. A visual observer (VO) is required for each flight. The VO is an individual identified by the pilot as a person capable of performing required duties.

Aircraft Flightworthiness

The following shall be accomplished in order to ensure safe operations:

1. sUAS aircraft shall be registered in accordance with 14 CFR part 47 and display N

number markings in accordance with 14 CFR part 45, Subpart C in lettering as large as practicable

. 2. TWAI will conduct all required sUAS maintenance , including any action s or inspections required or recommended by the manufacturer.

3. After maintenance affecting flightworthiness, a dedicated Functional Test Flight shall be conducted in a designated area so as not to pose an undue hazard to persons or

property.
4. Prior to flight, the operator shall ensure that the aircraft is in a condition for safe operation.

Preflight Planning

The following preflight planning procedures shall be accomplished prior to conducting flight:

1. Certificate of Waiver or Authorization (COA). The operator shall obtain an Air Traffic Organ ization (ATO)

- iss u ed COA covering proposed flight operations.

2. The operator shall establish a Flight Operations Perimeter (FOP). The FOP is a three

dimensional area within which a given sUAS flight will occur. Established in order to prevent undue hazard t o non

- participating personnel and structures, the FOP shall be constructed based on the following:

a. The FOP shall be in compliance with the terms an ATO

- issued COA.

b. Property. The operator will ensure that flight operations occur over private or

otherwise c ontrolled property, obtaining permission from property owners prior to flight.

c. Airspace. The FOP shall be constructed so as to keep the aircraft clear of any controlled airspace or Special Use Airspace unless specific permission is obtained. The ceiling of the FOP shall be limited to no higher than 400' AGLEnclosure	(1) (as determined by referencing displayed GPS altitude and site elevation) so as to limit interference with other aircraft operating in the National Airspace System (NAS).

d. Identification of participating personnel. In order to mitigate hazards to persons, the operator shall identify "participants" who are authorized to enter the FOP during flight operations. Generally, participant status shall be limited to TWAI crew members and personnel employed by th e client (e.g. construction personnel). Non

- participants shall be kept clear of the FOP.

e. Safe separation. T he FOP should ensure a minimum of 500' separation between the aircraft and any non

- participating persons, vessels, vehicles, or

structures. Prior to conducting flight within 500' of a vessel, vehicle, or structure, operators shall obtain specific permission from the property owner(s).

3. Weather criteria.

a. All flights shall be conducted under Visual Flight Rules (VFR) during daylight hours.

b. Operators sh all maintain a minimum of 2,000' horizontal separation between

the sUAS and clouds.

Flight Operations

With the exception of any exemptions granted by the Federal Aviation Administration, flights shall be operated in accordance with all applicable Federal Aviation Regulations. Additionally, operators shall comply with the following standards:

1. All flights shall be conducted in accordance with an ATO

- issued COA.

2. Operating documents, to include this SOP, shall be available at the control station at

all times during flight.

3. Flights shall be conducted within the confines of the FOP.

4. Operators shall select a "home point" which provides reasonable assurance of obstacle clearance in the event that Return to Home (RTH) functionality is invoked.

5. A dedicated VO is required for all flights. The VO must be able to maintain voice communications with the operator.

6. The aircraft shall be operated within V isual Line of Sight (LOS) of the pilot at all times in order to ensure obstacle clearance and safe separation from other aircraft.

7. Flight termination criteria . Operators shall land the aircraft at the nearest suitable site if any of the following occur:

a. Non

- participating personnel enter the FOP.

b. Weather conditions preclude continued flight under VFR

.

c. GPS signal is los t.
d. A "low battery level" indication, defined as 25% battery life remaining, is presented to the pilot.

e. The sUAS leaves the confines of the FOP.

f. Any unsafe condition exists.

8. If a flight is terminated, continued flight is authorized if the condition which re sulted in termination is no longer present.