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 W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

July 20th, 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 unmanned aircraft systems 

(sUAS) within the National Airspace System (NAS) for applications including aerial 

photography and videography, inspections, 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 without 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

Nathan 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 remotely-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 

initiates 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 Aviators holding Commercial Pilot certificates and 

current military medical clearance. Their 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 majority 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 an exemption granted under Section 333.

Additionally, numerous recent exemptions under Section 333 included the 

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 denoted on the current

FAA-published aeronautical chart, unless a letter of agreement with that airport’s

management is obtained or otherwise permitted by a COA issued to the exemption
Three	Wire	Aerial	Imaging,	LLC

1120	Selwood	Drive

Virginia	Beach,	VA	23464

3

holder. The letter of agreement with the airport management must be made available

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 exists a high concentration of small airports (see Figure 1). As such, obtaining a 

letter of agreement from each airport's management places a significant burden on the 

Petitioner and will likely result in delayed or lost business opportunities. Instead, the 

Petitioner 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 with 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' AGL 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 – Primary 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 compared to traditional aviation operations. Employing 

manned aircraft to accomplish similar tasks introduces risks associated with carrying 

crew members and flammable liquid fuels 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.

VI. Specific sections of 14 CFR from which TWAI 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.

VII. Extent of relief

A. 14 CFR Part 21 Subpart H – Airworthiness Certificate.

TWAI requests exemption from this Subpart in accordance with the statutory

guidance 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 without specific 

prior permission.

B. 14 CFR Part 27 – Airworthiness standards: normal category rotorcraft.

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 each 

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 required 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 rotorcraft.

The sUAS operated by TWAI lacks a cabin, cockpit, or pilot station, and its small 

physical size does not 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 large 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. Under the exemption, pilots will operate 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 

"congested" and "other than congested" areas. TWAI requests exemption from these 

minimum altitudes in order to enable photography, videography, and airborne data 

collection. By adhering to the operating limitations described in Enclosure 1 (Standard 

Operating Procedures), the Petitioner will ensure adequate clearance from nonparticipating persons, vessels, 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 

order to mitigate separation concerns with aircraft operating in accordance with 

§§91.119(b) and (c). Without relief, adhering to the 400' restriction would prohibit the 

Petitioner from operating within the areas described 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 position 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 Flight Operations Perimeter (FOP), operators will ensure 

that non-participants remain sufficiently clear 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 person 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 – Altimeter 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 system, 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 the 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 within 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 situational awareness to battery life 

and prevent loss of control associated 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 estimated 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 level" 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 aircraft, the Petitioner will 
Three	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 sUAS, 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 proposed operations. Should the 

FAA invoke rules governing the use of UAS which are less restrictive than the conditions 

associated with any exemption, TWAI requests permission to be relieved of those 

conditions.

Sincerely,

//S//

Nathan W. Lyon

Managing Partner

//S//

Lucas L. Mixon

Managing Partner
Enclosure	(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 Nnumber 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 actions 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 Organization (ATO)-issued COA covering proposed flight operations.

2. The operator shall establish a Flight Operations Perimeter (FOP). The FOP is a threedimensional area within which a given sUAS flight will occur. Established in order 

to prevent undue hazard to 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 controlled 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' AGL 
Enclosure	(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 the client (e.g. 

construction personnel). Non-participants shall be kept clear of the FOP.

e. Safe separation. The 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 shall 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 Visual 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 lost.

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 resulted 

in termination is no longer present.