Chad Wi ley (PIC)

13033 N W County Road 4002 Amoret, MO 64722

Request for exemption to fly UAS in business

Wi ll be used within FAA requirements with regards to distance from airports elevations and daytime operation visual observance (VLOS) of UAS and all other FAA regulations. A COA will be applied for on any flights that may be outside these requirements.

**Wi ll be flying UA** **S for** : Aerial surveying and mapping, videography, photography, agriculture and crop imaging, construction services, environmental management and analysis, real estate marketing and promotions, wildlife and forestry monitoring, and business m arketing and promotions, search and rescue, inspections, news & events.

Wi ll be flying Phantom 3 (UAS) Drones are under 10 pounds and fly under 50 mile an hour All specs are available online thru DJI at: http://www.dji.com/product/phantom3/spec PIC Has hands on flight experience with a Phantom 3, under the guidance of an experienced instructor.

**Preflight checklist below will be used:** Phantom 3 & R/C battery charged Tablet/phone/monitor charged P ropellers installed and tightened Remove gimbal lock Gimbal not obstructed (grass) Tablet/phone volume to MAX Tablet/phone to R/C attached R/C ON R/C in PMode Phantom ON Launch DJI GO app Check values : Compass status Gain values Max height RTH height (depends on flight location) R/C EXP & Gain (0,50,40,5) VPS ON (if indoor flight) Satellite status Format SD card CHECK HOME POINT CHECK BATTERY STATUS (Cells) Takeoff

**SUMMARY**CHAD WILEY seeks exemption from the requirements of 14 C.F.R §§ 9 1.7(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 Modernization and Reform Act of 2012 (FMRA). This exemption will permit CHAD WILEY to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, farmland, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITION ER** 

CHAD WILEY will provide his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , productivit y and effectiveness. The objective of CHAD WI LEY and his aerial operations is to safel y provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting: • Agri culture • General aerial still photos and video • Wildlife population survey s • Real Estate marketing • Aerial inspections of public and private structures • Search and Rescue operations

**BACKGROUND**

Unmanned Aircraft Sy stems: DJIPhantom 3 UAS.

CHAD WILE Y seeks an exemption to operate DJ I systems for compensation or hire within the NAS. The DJ I Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. T he DJI Phantom 3 has a maximum gross weight of approximately 3 pounds while having a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 30 knots. The DJ I Phantom 3 is equipped with four main rotors, driven by Li thium Poly mer battery powered electric motors. The UA that will be operated by CHAD WILEY 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 1 4 C.F.R. Part 45, Identification and Registration Marking

.

**BASIS FOR PETITION** Petitioner, CHAD WILEY, 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 DJIPhantom 3 UA in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 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, CHAD WILEY’s operation of the DJ I Phantom 2 UA meets the conditions of FMRA Section 333 and therefore, will not require an airworthinesscertificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingl y, CHAD W ILEY requests relief 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. CHAD WILEY submits that the requested relief is proper since an equivalent level of safet y will be ensured. CHAD WILEY will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices p rescribed in the operating documents (i.e., Monthly Maintenance Log, and DJ I Instruction Manual). Furthermore, CHAD WILEY will document and maintain all maintenance records for the DJ I Phantom 3 UA.

Privileges and Limitations: Pilot in Command, is request ed b y CHAD WILEY to the extent
necessary to allow a Pilot in Command (PI C) who has demonstrated that the PI C is able to safely operate the said DJ I UA in a manner consistent with this exemption, including evasive and
emergency

maneuvers and maintaining app ropriate distances from people, vessels, vehicles, and
structures. CHAD WILEY seeks relief from Section 91.7(a), entitled Civil Aircraft Airworthiness , because the DJ I Phantom 3 UA does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, CHAD WILEY submits that he will ensure that the DJIPhantom 3 UA is in an airworthy condition, prior to every

flight, by determining that the UA is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJII nstruction Manual), and that the aircraft is in a condition for safe flight. CHAD WILEY also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJIPhantom 3 UA will not have a t ypical barometric altimeter onboard. However, altitude information of these said UA will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with CHAD WILEY’s operation of the DJ I Phantom 3 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Additionally , CHAD WILEY seeks an exemption from the requirements of Section 91.151(b), entitled Fuel Requirements for Flight in VFR Conditions . CHAD WILEY submits that safety will not be affected b y operation of the DJ I Phantom 3 UA during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 17.5 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, CHAD WILEY provides the following information in support of his petition for exemption

**Name And Address Of The Petitioner.** CHAD WI LEY 13033 NW County

Road 4002 Amoret, MO 64722 cawt@ckt.net**The Specific Sections Of 14 C.F.R. From Which CHAD WILEY Seeks Exemption.**

**1. CHAD WILEY Seeks Exemption From The Requirements Of Section 91.7(a).** 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.

**2. CHAD WILEY Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter Settings, subsectio n (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, 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 paragraph (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.

**3. CHAD WILEY Seeks Exe mption 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.

**4. CHAD WILEY Seeks Exemption From The Requirement Of Section 91.405(a).** S ection 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 prov ided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

**5. CHAD WILEY Seeks Exemption From The Requirements Of Section 91.407(a)(1)** Section 91.407, entitled Operation After Maintenance, Preventive Mai ntenance, 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.

**6. CHAD WILEY Seeks Exemption From The Requirements Of Sections 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 beenapprov ed 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.

**7. CHAD WILEY 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 shall keep the 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 r equired 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 (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 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 b y the inspection 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 safe ty directive number and revision date. If the AD or safet y 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 r epeated or superseded by other work or for 1 y ear after the work is performed. (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 furnish ed 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.**The Extent Of Relief CHAD WILEY Seeks And The Reason CHAD WILEY Seeks The**

**Relief.**

**1. Extent Of Relief CHAD WILEY Seeks And The Reason CHAD WILEY 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 CHAD WILEY to determine that the DJIPhantom 3 UA is in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log and DJ I Instruction Manual). CHAD WIL EY seeks the requested relief because the DJ I Phantom 3 UA does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, CHAD WILEY will ensure that the DJ I Phantom 3 UA is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJII nstruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.

**2. Ext ent Of Relief CHAD WILEY Seeks And The Reason CHAD WILEY Seeks Relief**  **From Section 91.121.** Relief from Section 91.121, entitled Altimeter Settings, may be required to allow flight operations of the DJ I Phantom 2 UA, which utilizes a barometric pressure sen sor, 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 an y altitude information concerning UAS operations be reported to ai r traffic control (ATC) in feet above ground level (AGL), CHAD WILEY seeks the requested relief because the DJ I Phantom 3 UA’s altimeter may

be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each fli ght. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to compl y with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safe ty will be maintained since the DJ I Phantom 3 UA is 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 PIC with altitude information of the UA on the heads

- up display of the GCS.

**3. Extent Of Relief CHAD WILEY Seeks And The Reason CHAD WILEY Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel Requirements for Flight in VFR Conditio ns, is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 UA during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 17.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. CHAD WILEY seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery

powered DJIPhantom 3 UA will severel y constrain the practicality of
any aerial video or still photo flight operations that CHAD WILEY proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 UA, the DJ I Phantom 3 and CHAD WILEY’s proposed operating limitations, ensurethat CHAD WILEY will safel y operate the battery powered DJ I Phantom 3 UA

during day light hours in visual meteorological cond itions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 17.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.

**4. Extent Of Relie f CHAD WILEY Seeks And The Reason CHAD WILEY 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) onl y appl y to aircraft with an a irworthiness certificate, CHAD WILEY requests relief from these Sections because the DJ I Phantom 3 UA does not require airworthiness certificates. As set forth more full y below, the DJ I UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, CHAD WILEY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Monthly Maintenance Lo g, and DJII nstruction Manual). Furthermore, CHAD WILEY will document and maintain all maintenance records for the DJ I Phantom 3 UAS.

**The Reasons Why Granting CHAD WILEY ’s Request Would Be In ThePublic Interest;** 

**That Is, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest b y allowing CHAD WILEY to safel y, efficientl y, and economically perform aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the DJ I Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of CHAD WILEY’s proposed operation of the DJ I UAS will be realized without implicating an y privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 3 UA is battery powered and serves as a safe, efficient, and economical alternative to the manned air craft traditionally utilized to obtain aerial imagery . An exemption allowing the use of a DJ I UAS would reduce the number of manned aircraft in the NAS and reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and o n 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 DJIUA does not require an airport to takeoff or land. L ikewise, a reductio n of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Be nefit From The Safety And Efficiency Of The DJI UAS.**  Conducting aerial acquisitions with the DJIPhantom 3 UAS, instead of manned aircraft, will greatl y 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 DJ I UAS produce no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylind er internal combustion engine aircraft that are ty

picall y utilized for aerial video and photograph y, while burning approximately20

- 30 gallons per hour of leaded aviation fuel. The DJIPhantom 3 UA, while

reducing the carbon footprint of aerial acquisition s, also eliminates noise pollution, as the UAs are propelled b y batter y

- powered electric motors, rather than an internal combustion engine. By using the DJ I UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJIUA (weighing approximately 3 & 15 pounds and with a length of 16 & 20 inches and widths of 16 inches and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately

6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacit y of 180 gallons).

**3. Performing Aerial Video and Photography Operations With The DJI UAS Will Benef it**  **The Economy.** In addition to being safe and efficient, the DJ I Phantom 3 UA is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 3 UAS will allow United States based compan ies, like CHAD WILEY, to remain competitive and contribute to growth of the U.S. econom y. 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 UAS is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provi des such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 UAS, companies such as CHAD WILEY, 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. econom y. Improved financial performance of U.S. companies, through commercial use of the DJ I UAS, provides a stable workforce that increases consumer spending; improves lo cal, state, 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.

**4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operation s that have been conducted for decades, CHAD WILEY’s proposed operation of the DJ I UAS will not implicate any privacy issues. Specificall y, the DJIUAS will be operated only in compliance with operating documents (i.e., The Monthly

Maintenance Log, and DJ I 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.

**Seeks And The Reason CHAD WILEY 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 CHAD WILEY to determine that the DJIPhantom 3 UA is in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log and DJ I Instruction Manual).CHAD WILEY seeks the requested relief because the DJ I UA does not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, CHAD WILEY will ensure that the DJ I Phantom 3 UA is in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Instru ction Manual) prior to every

flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.

**1. Extent Of Relief CHAD WILEY Seeks And The Reason CHAD WILEY Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter Settings, may be required to allow flight operations of the DJ I Phantom 3 UA, which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C 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), CHAD WILEY s eeks the requested relief because the DJ I Phantom 3 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, reli ef from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safet y will be maintained since the DJ I is equipped with a barometric pres sure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.

**2. Extent Of Relief CHAD WILEY Seeks And The Reason CHAD WILEY 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 UA during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 17.5 minutes to the first point of intended landing an d, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. CHAD WILEY seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJIPhantom 3 UA will severel y constra in the practicality of any aerial video or still photo flight operations that CHAD WILEY proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 UA, the DJ I Phantom 3, and CHAD WI LEY’s proposed operating limitations, ensure that CHAD WILEY will safel y operate the battery powered DJ I Phantom 3 UA during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 17.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.

**3. Extent Of Relief CHAD WILEY Seeks And The Reason CHAD W ILEY 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) onl y appl y to aircraft with an airworthiness certificate, CHAD WILEY req uests relief from these Sections because the DJ I Phantom 3 UA does not require airworthiness certificates. As setforth more full y below, the DJ I UAS meets the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingl y, CHAD WILEY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Monthly Maintenance Lo g, and DJII nstruction Manual). Furthermore, CHAD WILEY will document and maintain all maintenance records for the DJ I Phantom 3 UAS.

**The Reasons Why Granting CHAD WILEY ’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 CHAD WILEY to safel y, efficientl y, and economically perform aerial video and photograph y of construction sites, real estate, Farms and landscape over certain areas of the United States. Additionally , use of the DJIPhantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy . Notably , the benefits of CHAD WILEY’s proposed operation of the DJ I UAS will be realized without implicating an y privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I UA is battery

powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the number of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 UAS would reduce the number of manned aircraft in the NAS and reduce noise and air pollution, as well as increase the safety of life and propert y i n the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing airc raft will be reduced. The DJ I Phantom 3 UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and 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 3 UAS.** Conducting aerial acquisitions with the DJIPhantom 3 UAS, instead of manned air craft, will greatl y 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 DJ I Phantom 3 UAS produc e no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypicall y utilized for aerial video and photograph y, while burning approximately

20

- 30 gallons pe r hour of leaded aviation fuel. The DJIPhantom 3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y batter y

- powered electric motors, rather than an internal combustion engine. By

using the DJ I 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 traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard theaircraft, the DJ I Phantom 3 UA (weighing approximately 3 & 15 pounds at its maximum gross weight with a length of 16 & 20 inches and widths of 16 inches and wi th no fuel on board), 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 ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of 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 UAS Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 3 UA is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I UAS will allow United States based companies, like CHAD WILEY 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 alternati ve technology

in order to remain competitive. Operating the battery powered DJIUAS is one such technology

that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operationa l cost of a traditional manned aircraft. By

operating the DJIUAS, companies such as CHAD WILEY , can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth o f the U.S. econom y. Improved financial performance of U.S. companies, through commercial use of the DJ I UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in re search 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, CHAD WILEY’s proposed operation of the DJIUAS will not implicate any privacy issues. Specificall y, the DJ I Phantom 3 UAS will be operated only in compliance with operating documents (i.e., The Monthly Maintenance Log, and DJ I Instruction Manual) which requires propert y owner involvement a s 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.

**Rule From Which CHAD WILEY Seeks Exemption.**

**1. Reasons Why The DJI Phantom 3 UA Meets 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, CH AD WILEY’s operation of the DJ I UAS meets 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 certi fication and sets forth 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 security . Specifically , FMRA Section 333 states the following, in part:(a

) In General.

--Notwi thstanding 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 certain 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 Systems.

--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 populated areas, and operation within visual lin e 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 airworthiness certification under section 44704 of tit le 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, CHAD WILEY submits that the DJIPhantom 3 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phantom 3 UA; (b) the pilot certification requirement; and (c) the specific operating limitations. A complete description of the operation and specifications of the DJ I Phantom 3 GCS and flight control software is provided at DJI WEB SITE

**1. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safet y est ablished b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitorin g of the flight path and altitude. This altitude information, combined with CHAD WILEY’s operation of the DJ I Phantom 3 UA within visual line of sight, at or below 500 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 91.1 21 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, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**2. 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 speci fications of the DJ I Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposedflight operations. Accordingl y, CHAD WILEY will ensure that it will safely operate the

battery powered DJ I UA during day light hours in VFR conditions, with enough battery power to fly for a total duration of 17.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technic al specifications of the DJ I UAS, the limitations on the proposed flight operations, and the location of the proposed operations, will ensure an equivalent level of safet y established by 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJIUAS provides audible and visual warnings to the PI C at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery

power. At the crit icall y low battery level, the DJ I Phantom 3 UAS will descend and land automaticall y. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversely affected when the technical characteristics and
oper ating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed 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).

**3. 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, CHAD WILEY submits that th e equivalent level of safet y with regard to the regulatory

maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because CHAD WILEY will use trained technicians to pe rform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e. The Monthly

Maintenance Log and DJ I Instruction Manual). Furthermore, CHAD WILEY will document and maintain all maintenance records for the DJ I UAS. Since the DJ I UAS will be inspected as prescribed by the operating documents, CHAD WILEY will maintain the equivalent level of safety

established by

Sections 91.405(a), 91.409(a)(1), and 9 1.409(a)(2). A cop y of the DJIUser Manual is attached hereto as Appendix A; a copy of the DJ I Phantom 3 UAS Maintenance LOG is attached hereto as Appendix B. Likewise, the exemption sought will not adversel y affect safety because CHAD WILEY will use trai ned technicians to perform maintenance, alterations or preventive maintenance 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 esta blished by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 3 UAS will be performed b y t rained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous ex emptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety

is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In c onsideration of CHAD WILEY’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 UAS, CHAD WILEY submits that safet y will not be adversely affected by

granting exemption from 14 C.F.R. Sections 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, 11065, 11066, 11067 , 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**CONCLUSION** As set forth herein, CHAD WILEY seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 201 2 (FMRA), which will permit safe operation of the DJ I Phantom 3 UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photography 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, by allowing CHAD WILEY to safel y, efficie ntl y, and economicall y operate the DJIPhantom 3 UAS commercially within the NAS.

**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, CHAD WILEY respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 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 CHAD WILEY to operate the DJ I Phantom 3 UAS

commer ciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States.

Dated: February

18, 2016

Respectfully

, Chad Wiley