U.S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Name: Wesley Friesen Address: 6 Lamplighter Ln. Vero Beach, Fl. 32960

Phone: 772

- 713

- 4461 Email: wrongbrothersaviation@yahoo.com
Prepared by Wesley Friesen

Petition for Exemption under Sec 333

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and `14 C.F.R. Par t 11

, I ( Wesley Friesen ) seek s exemption f rom the Federal Aviation Regulations to operate a UAS for civil (non

- governmental) purposes other than for recreation or hobby. This petition will be for the new FAA streamlined UAS used for commercial operation at or below 200 feet

.
I will be using the Phantom 3 Professional and Advance d for the aerial photograph. Since they both have the same flight characteristics and only minor changes, c amera, max bitrate of video storage, and charger, I would like to include both in my exemption. Further details are in the aircraft specs below and the attached manuals

. These exemptions will be used to provide a service and accept payment from private land owners and companies who want to get aerial photos and videos of their property for real estate listings, insurance property claims, construction, and for business mark eting.

Sections seeking exemptions from 45.23 (b)

, 61.113(a)

, 91.7(a), 91.9 (b)(2)

, 91.103(b), 91.119(c), 91.121, 91.151 (a)(1) , 91.203(a)(b), 91.405 (a), 91.407 (a)(1), 91.409 (a) (1) (2), 91.417(a)(b)14 CFR Part 21, Subpart H

- Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations for my flights permits exception from Part 21 because they me et an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legisla tion permit the FAA to exempt UASs from airworthiness certificates in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations.

§45.23 (b) Display of marks; general.

(b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircra ft 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.

Reason for exemption: The Phant om 3 does not have a cabin, cockpit, or pilot station. Do to the size of the Phantom 3, the size of the letters required would be impossible to attach to it.

§ 61.113 (a)

Private pilot privileges and limitations: Pilot in command. (a) Except as provide d in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

Reason for exemption: Because the UAS will not carry a pilot or passengers the p etitioner will have the same level of safety as C.F.R. §61.113 (a) because the p etitioner has years of experience as a private pilot and will make sure that every flight will be conducted according to the rules and regulations for commercial UAS flights. Since the Phantom 3 weighs less than 5 pound s and will fly less than 25 knots

, the UAS will not create a hazard to the airspace or th e public.§91.7(a) Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Reason for exemption: Since there will be no air worthiness certificate provided

, the p etitioner will make sure that the Phantom 3 is in airworthy and safe flying condition through the manufacturer’s manual

, prefight inspection , and will keep up with manufacture’s updates both hardware and software

. §91.9 (b)(2) civil aircraft flight manual , marking, and placard requirements.

(b) No person may operate a U.S.

- registered civil aircraft

— (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Reason for exemption: Because there are no pilots or passengers aboard and the aircraft is too small to

carry a flight manual or documentation. A flight manual for the UAS or any other documentation needed will be kept at the base of operations for every flight

.
§91.103(b) Preflight action.

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

— (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Roto rcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information ap propriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.Reason for exemption:

Since FAA approved flight manuals will not be provided for the aircraft. The PIC will take all actions for a safe flight including reviewing weather, flight battery requirements, landing and takeoff clearances

, and aircraft performance data before initiation of flight.

§91.119 (c) Minimum safe altitudes: General.

Excep t when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, t he aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Reason for exemption: Section 91.119 (c) establishes safe altitudes for operation of civil aircraft over other than congested areas. The petitioner requests to operate below 200 AGL over uncongested areas. The UA S will operate in pre

- defined areas with the consent of the landowner and require that all non

- essential persons remain clear of the flight area during operations. The PIC will not fly over congested areas and will make sure no undue hazard is present for persons or property.

§91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

—
(1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting 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 paragrap h (a )( 1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(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; or

(2) At or above 18,000 feet MSL, to 29.92 ′′ Hg.(b) The lowest usable flight level is det ermined by the atmospheric pressure in the

area of operation as shown in the following table:

Reason for exemption: The Phantom 3 does not have a barometric altimeter. Instead the Phantom 3 uses a GPS real time read out for the altitude

, t his will insure correct level of flight

. T he Phantom 3 will be flown in a limited area and can be pres et to fly only within a given distance and altitude and will automatically stay inside desired limits.

§91.151 (a)(1) 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 for exemption: Because the UAS only flies a maximum of 23 minutes t he PIC will land the Phantom 3 before battery power gets below 25%. This will provide enough of a safety margin for the limited area the UAS will be flying in. Plus t he Phantom 3 Intelligent Flight Battery has built

- in sensors and bright LEDs that let you know the status and remaining power of your battery in real time. It continuously calculates its current distance from you and the amount of powe r needed to return, so you always know how long you can continue flying and when it is time to recharge. If the Intelligent Flight Battery is running low, or if the Phantom 3 loses the connection with the remote controller for any reason, the aircraft will automatically return to the takeoff point and land safely.

§91.203(a)(b) Civil aircraft: Certifications required.

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and c urrent airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraft unde r part 47 of this chapter. However,the airworthiness certificate need not have on it an assigned special identification

number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United S tates, the second copy of the Aircraft registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate requir ed by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to
passengers or crew.
Reason for exemption: The Phantom 3 is too small to carry documentation. It does not have a cabin or cockpit entrance and does not carry pilot or passengers. The petitioner will keep all documentations at the base of operation where they will be easily accessible.

§91.405 (a) Maintenance required.

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;

Reason for exemption: The petitioner will inspect the UAS before to every flight and repair any discrepancies . The petitioner will follow manufacturer’s preflight check list and the operations manual

. §91.407 (a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(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 by a person authorized under §43.7 of

this chapter

Reason for exemption: The petitioner has responsibility for the safety and operation of the UAS and will make sure it is in a safe flying condition. All manufacturer’s suggestions for maintenance and repair

, i ncluding suggested replacement parts will be implemented.

§91.409 (a) ( 1 ) (2 ) 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” inspe ction in the required maintenance records.

Reason for exemption: Since the UAS will not be required to have airworthy certificate, 91.409 (a) (1)(2 ) will not apply. T he petitioner will follow manufacture’s suggestions and operating manual to ensure the UAS is in a safe condition for flight and will be inspected for any defects or problems before every flight.

§91.417 (a)(b) Maintenance records.

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep t he following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as approp riate, 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

(ii) 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 engin e, 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 inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable ai rworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is require d.

(vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods
p rescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section sha ll be retained and transferred with the aircraft at the time the aircraft is sold.(3) A list of defects furnished to a registered owner or operator under §43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

Reason for exemption: T he petitioner will inspect the UAS before ever flight and will keep a record of all repairs and modifications, and will use only approved manufacture ’s parts for repairs and modifications. The petitioner will make sure the UAS is safe for flight by doing a test flight in a practice field before returning to service.

How the public would benefit from my services

My request for exemption would benefit the public by providing an opportunity for small business own ers, real estate agents, and others who wish to document their land with a new technology they have never had. It will provide a service for pictures and video before and after

, especially in Florida which can be hit by a Hurricane. This will help to get faster insurance claims for the people who need it the most. Real

- estate companies can get aerial footage of property that cannot be seen from the ground. This will help the buyers get a better idea of the property they are buying and a quicker sale for the agent. Plus I will show how drones can be a positive rather than negative

, using them in a safe manner.

Level of Safety

I am a licensed FAA Private Pilot land with a seaplane rating and a basic flight instructor. I have taken the c ommercial and i nstrument courses, both ground and flying and have 10 hours multi engine time. I have owned a Cherokee 140, Cessna 140, Challenger II two seat ultralight trainer, and a multitude of ultralight aircraft. I even designed and manufactured my ow n ultralight aircraft

. I not only have the flying knowledge, but also the maintenance experience to keep planes flying safely. I have always had the upmost respect for flight safety, weather, and the passengers flying in my aircraft , which would be the same case for people on the ground while operating the Phantom 3

. I know the FAA flight rules and would implement them when flying the UAS commercially. I already have a Phantom 3 and will have 25 hours logged before beginning commerci al operations.I will always observe the preflight check list and will follow suggested safety

regulations from the aircraft manufactures and the FAA and will fly only in designated airspace that is permitted

.
The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 miles and will not fly at night. Every flight will be under VFR conditions.

To remain safe distance from other aircraft T he UA S will not fly within a five nautical mile s f

rom an airport unless getting prior permission from the ATC or a letter of permission from the airport management.

I will make sure that to protect any person or p roperty on the ground, the UAS must remain in visual line of sight of the PIC or visual observer

.

To avoid a collision with another plane

, maned or unmanned

, the UAS m ust yield right

- of

- way to any other aircraft.

I will not operate the UA S unless there is an appropriate distance from nonparticipants to insure their safety. If any nonparticipant happens to get in the operational area out of the safety zone, the flight will be terminated.

The PIC will have at minimum, a sport pilot license and a third class me dical certificate or a valid state issued motor vehicle driver’s license.

All flights will be flown with enough power to fly at normal cruising speed to the intended landing point and land the UAS at 2 5 % battery power remaining.

The UAS will weigh less than 5 pounds (Including Battery a nd Propellers)

. The UAS will not exceed a speed of 25 knots.

The UAS will not exceed an altitude of 200 feet AGL. This will be preset in the Phantom 3 before every flight for an altitude of under 200 feet.

I will abort the flight in the event of unpredicted obstacles or emergencies.

All flights will have permission from the property owner. Permission will be obtain ed for each flight to be conducted.Pre

- flight Checklist

1) Ensure that you are using only genuine parts and that all parts are in mint condition. 2) Ensure the remote controller, Intelligent Flight Battery, and mobile device are fully charged. 3) Ensure that there is no foreign object stuck to the camera lens, the micro

- SD card has been inserted into the camera, and the gimbal can rotate freely before powering it on. 4) Ensure the propellers are securely mounted onto the motors, and the motors can start and function normally. 5) Follow the on

- screen instructions to calibrate the compass. 6) Ensure the DJI Pilot app and aircraft's firmware have been upgraded to the latest version. 7) Ensure that the flight area is outside the No

- Fly Zones and fligh t conditions are suitable for flying the aircraft. 8) Be sure that anyone involved in the flight is NOT under the influence of alcohol, drugs or any substance that may impair their cognitive abilities. 9) Be familiar with the selected flight mode and unde rstand all safety functions and warnings. 10) Be sure to observe all local regulations, obtain appropriate authorizations, and understand the risks. 11) Check to see b ystanders are at a safe distance from the operating area. 1 2) The DJI Pilot app is successfully connected to the aircraft.

Phantom 3
I will be flying the Phantom 3 Professional/Advanced . I feel the Phantom 3 has many safety advantages.

Line of sight and altitude control

The Phantom 3 can be flown in a safe, limited area. It can be set to fly only within a given distance and altitude and will automatically stay inside my desired limits. This invisible, GPS

- enabled “geofence” prevents the Phantom from accidentally flying into unwanted areas , obstacle s, or from flying out of sight or above 200 feet altitude . These setting will be enacted for every flight to ensure that the drone will be kept in line of sight and not fly over 200 feet in altitude.

Battery PowerThe Intelligent Flight Battery has built

- i n sensors and bright LEDs that let you

know the status and remaining power of your battery in real time. The Phantom 3 continuously calculates its current distance from you and the amount of power needed to return, so you always know how long you can conti nue flying and when it is time to recharge. If the Intelligent Flight Battery is running low, or if the Phantom 3 loses the connection with the remote controller for any reason, the aircraft will automatically return to the takeoff point and land safely.

Auto

- Return Home

The Phantom 3 remembers the exact spot that it took off from. Wherever you’re flying, you tap the go home button and it will return to point of takeoff

.
Position Hold
The aircraft will hold its position when elevator and aileron inputs are at neutral.

Phantom 3 Professional/Advanced S pecs

Aircraft

 Weight (Including Battery And Propellers) : 1280 g

 Diagonal Size (Including Propellers) : 689 mm

 Max Ascent Speed : 5 m/s

 Max Descent Speed : 3 m/s

 Hover Accuracy : Vertical: +/

- 10cm , Horizontal: +/

- 1m

 Max Speed : 16 m/s (ATTI mode, no wind)

 Max Altitude Above Sea Level : 6000 m

 Operating Temperature : 0°C to 40°C

 GPS Mode : GPS/GLONASS

Camera

 Sensor : Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

 Lens : FOV 94° 2 0 mm (35 mm format equivalent) f/2.8, focus at ∞

 ISO Range : 100

- 3200 (video) 100

- 1600 (photo)

 Shutter Speed : 8s

- 1/8000s

 Image Max Size : 4000 x 3000

 Still Photography Modes : Single Shot, Burst Shooting: 3/5/7 shots, Auto Exposure Bracketing (AEB): 3/5, Bracketed Frames at 0.7EV Bias, Time

lapse Video Recording Modes :

Phantom 3 Professional

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

 2.7K: 2704 x1520p 24/25/30 (29.97)

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

 Supported SD Card Types : Micro SD (Max capacity: 64 GB. Class 10 or UHS

- 1 rating required)

 Supported File Formats : FAT32/exFAT, Photo: JPEG, DNG, Video: MP4, MOV (MPEG

- 4 AVC/H.264)

 Operati ng Temperature : 0°C to 40°C

Max Bitrate of Video Storage

Phantom 3 Professional 60 Mbps Phantom 3 Advanced 40 Mbps

Gimbal

 Controllable Range : Pitch

- 90° to +30°

 Stabilization : 3

- axis (pitch, roll, yaw)
Vision Positioning

 Max Velocity : Less than 8 m/s (when 2 m above ground)

 Altitude Range : 30 cm

- 300 cm

 Operating Range : 30 cm

- 300 cm

 Operating Environment : Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller Operating Frequency : 2.400 GHz

- 2.483 GHz

 Max Distance : 2000m (outdoors and unobstructed)

 Video Output Port : USB

 Operating Temperature : 0°C

- 40°C

 Battery : 6000 mAh LiPo 2S

 Mobile Device Holder : For tablet or phone

 Receiver Sensitivity (1%PER) : 101 dBm ±2 dBm

 Transmitter Power (EIRP) : FCC: 20 dB m, CE: 16 dBm

 Working Voltage : 1.2 A @7.4 V
Charger

Phantom 3 Professional 100 W Phantom 3 Advanced 57 W

Intelligent Flight Battery

 Capacity : 4480 mAh

 Voltage : 15.2 V

 Battery Type : LiPo 4S

 Energy : 68 Wh

 Net Weight : 365 g

 Max Flight Time : Approxima tely 23 minutes

 Operating Temperature :

- 10°C to 40°C

 Max Charging Power : 100 W

DJI Pilot App

 EIRP : 100mW

 Live View Working Frequency : 2.4GHz ISM

 Live View Quality : 720P @ 30fps (depending on conditions and mobile device)

 Latency : 220ms (depending on conditions and mobile device)

 Mobile Device System Requirements : iOS version 8.0 or later / Android version 4.1.2 or later

 Supported Mobile Devices : * iPhone 6 Plus, iPhone 6, iPhone 5s, iPad Air 2, iPad Air, iPad mini 3, iPad mini 2, iPad 4 / * Samsung S4, S5, Note 3, P900 tablet, Sony Z3 EXPERIA, Google Nexus 7 II,

FCC ComplianceThe Phantom 3 complies with part 15 of the FCC Rules. Operation is subject to the

following two conditions:

(1) This device may not cause harmful interference, and

( 2) This device must accept any interference received, including interference that may cause undesired operation.

Changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipme nt.

Summery

I, Wesley Friesen am seeking an exemption of the FAA’s Sec 333 rules for unmanned aircraft to be used for Commercial purposes in regards to National Airspace

. These exemptions will be used to provide a commercial service and accept payment fr om private land owners and companies who want to get aerial photos and videos of their property for real estate listings, insurance property claims, construction, and for business marketing.

These exemptions include:

14 C.F.R Sections 45.23 (b)

, 61.113(a), 91.7(a), 91.9 (b)(2), 91.103(b), 91.119(c), 91.121, 91.151 (a)(1) , 91.203(a)(b), 91.405 (a), 91.407 (a)(1), 91.409 (a) (1) (2), 91.417(a)(b)

Being a private pilot

, l and and s ea, and a Basic Flight Instructor

, I have the knowledge and experience to fly a drone commercially with the upmost safety while observing all flight rules.

I w i ll be flying the Phantom 3 for aerial photography due to its advanced safety features and friendly flying characteristics. The Phantom 3 meets all the requirements of weight and speed for the exemptions.

I feel I am a well

- qualified pilot for the exemption and will promote drone safety and responsibility to the public that I deal with.Thank you for your time and considerati on . If there are any questions or concerns

please feel free to contact me.

Wesley Friesen
6 Lamplighter Ln. Vero Beach, Fl. 32960