Chandelle Consulting

P.O. Box 50176 Phoenix, Arizona 85076

August 20 , 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE. Washington, DC 20590 VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012
and 14 C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Chandelle Consulting is seeking exemption to commercially operate a n unmanned aerial
system or UAS under the conditions of this petition or as established by the FAA. The UAS operations proposed in this petition will be consistent with previously granted UAS Section 333 exemptions and FAA guidance.

This exemption would permit c ommercial operations by Chandelle , which will use the DJI
Phantom 3 to conduct UAS flig ht training, photography and video graphy (film, movie production, event, real estate), aerial surveying (wildlife, livestock, water supply, pipeline

, agriculture) infrastructure a nd industrial inspections, news gathering , demonstration flights,
law enforce ment, search and rescue, and any other relat ed activities that can utilize the safe and efficient operation of a UAS

. Chandelle ’s operation under the exemption will be subject to strict operating requirements and conditions to ensure a level of safety equivalent to that of currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

Granting Chandelle 's request comports with the Secretary of Transportation's (FAA Administrator's) r esponsibilities to not only integrate UAS's into the nation al airspace system,
but to" ... establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system" under Section 333 of the Reform Act. Further, Chandel le will conduct operations in compliance with the protocols described herein or as otherwise established by
the FAA.The Extent of Relief Chandelle Seeks and the Reason (s) It Seeks Such Relief:

Chandelle submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FAR's operating to prevent Chandelle contemplated commercial flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. Chandelle ’s UAS meet s the definition of "small
unmanned aircraft" as defined in Section 331 a nd therefore the integration of the Chandelle

UAS is expressly contemplated by the Reform Act. Chandelle would like to operate its UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing
such craft. The Reform Ac t guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated

near airports or popula ted areas; and, Whether the UAS will be operated within a visual line of sight (VLOS)

.

112 P.L. 95 § 333 (a). Each of these items mitigates in favor of an exemption for Chandelle

.

The Chandelle UAS uses multi counter

- rotating propellers for extreme balance, control and stability. The UAS weigh s less than 55 pounds, inc luding camera. It is designed to primarily hover in place and operate at less than a 50 knot maximum speed. It is also capable of vert ical
and horizonta l operations. The UAS will only be operated within a VLOS of the remote control pilot.

Utilizing battery power instead of combustible fuels, flights generally last up to twenty minutes. Safety systems in place include a GPS mode that all ows Chandelle ’s UAS to return to its starting point if communication (GPS signal) with the controller is lost or when the battery is low

.

The UAS can be programmed to fly within a given distance and altitude. It also possesses a GPS

enabled “geofence” tha t prevents accidental flight into unwanted areas or obstacles.

Chandelle will not operate its UAS within five nautical miles of an airport reference point
denoted on a current FAA

- published aeronautical chart unless a letter of agreement with the airport’ s management is obtained, and is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

Chandelle operation of its small unmanned aircraft will not "create a hazard to users of the
national airspace system or the public." 112 P. L. 95 § 3 3 3 (b). Given the small size and weight
of Chandelle ’s UAS

, combined with thei r operation in well

- controlled areas, its proposed operatio ns fall within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the na tional airspace system.
Chandelle ’s UAS has a demonstrable safety record and do es not pose any threat to the generalpublic or national security. The FAA has the authority to issue the exemption to Chandelle

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Commercial and Public Benefits Granting Chandelle exemption request furth ers the public interest. First, Congress has already pronounced that it is in the public's interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Second, Chandelle conducts research into safe UAS operat ions every time it flies its UAS

. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing Chandelle to log more flight time directly
relates to its research and its ability to further enhance current safety measures. Third, the public has an interest in reducing the risks associated with current aerial photography methods

.

Reasons Why Chandelle Exemption Will Not Adversely Affect Safety Or How The Exemption Will
Provide a Level of Safety At Least Equal To Existing Rule:

Chandelle exemption will not adversely affect safety. Quite the contrary, for the various reasons stated, permitting Chandelle to operate its UAV will allow Chandelle to innovate and implement new, undiscovered safety protocols.

Chandelle ’s UAS

, including its camera, weigh s l ess than 55 pounds

.

Chandelle only operates its UAS below 400 feet;

Chandelle ’s UAS flights are limited to approximately 20 minutes ;

Chandelle ’s UAS will automatically and safely return to its starting point when its battery is low ;

Chandelle will only operate its UAS within a Visual Line of Sight (VLOS )

Chandelle actively analyses electronic flight data and other sources of information to constantly upda te and enhance safety protocols;

Chandelle will not operate within five miles of an airport unless contact and prior approval have been acquired from the airport and control tower ;

Chandelle conducts extensive briefings prior to flight, during which safety carries primary importance;

Chandelle always obtains all necessary permissions and permits prior to operation;

Chandelle provides a level of safety at least equal to existing rules, and i n nearly every instance, greater than existing rules. It is important to note that absent the integration of commercial
UAS's into our national airspace system, helicopters are the primary means of aerialphotography and videography . While the safety recor d of such helicopters is remarkably

astoundin g, it is far safer to operate battery powered lightweight UAS ’s

.

First, the potential loss of life is diminished because the Chandelle UAS carries no people on
board . Sec ond, there is no fuel on board the UAS and thus the potential for fire or explosions is greatly dimini shed. Third, the small size, extreme maneuverability and GPS

- enabled “geofence”
prevents Chandelle ’s UAS from flying into hazardous conditions.

Finally, the Chandelle PIC (Pilot in Comman d) will hold an airline transport, commercial, private, recreational, or sport pilot certificate and also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession , or the Federal government.

Chandelle requests exemption from the following regulations :

14 C.F.R. § 21 and 14 § C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 § C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requ irements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight and enclosed operational area of Chandelle ’s UAS permit exemption from Part 21 because
Chandelle ’s UAS meet 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 u nder both the Act (49 U.S. C. 44701 (f)) and

A. Section 333 of the Reform Act. Both pie ces of legislation permit the FAA to exempt UAS's
from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Chandelle ’s

UAS meet s or exceed s ea ch of the elements. 14 C.F.R. § 91.7 (a) prohibits the operation of an
aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft f light manual in the aircraft. Since there are no pilots

or passengers, and given the size of the UAS , this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Chandelle ’s UAS utilize
electronic global positioning systems and internal gyroscopes to provide spatial coordination.

14 C.F.R. §§ 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same re asons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at the Chandelle flight operations center.B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation re quire

aircraft to be marked according to certain specifications. Chandelle ’s UAS is , by defini tion,
unmanned. It therefore do es not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167,
10167A and 10700.

C. 14 C

. F

. R

. § 61.101, 14 C

. F

. R

. §§ 61.113 (a) & (b) , and 14 C

. F

. R

. § 61.315 (a) P ilot privileges and

Limit ations. The regulation provides that no person that holds a Recreational Pilot, Sport Pilot, or Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Our p roposed operations require the PIC to hold at least airline transport, commercial, private, recreational, or sport pilot certificate. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

D. 14 C

. F

. R

. § § 61.23 (a) & (c) Medical Certificates The regulation provides that a person requires a first or second class medical to act as pilot in Command of an aircraft for compensation or hire. Our p roposed operations require the PIC t o hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. Since the aircraft cannot carry passengers or property, w e feel we meet the intent of 61.23 even though the intent of this application is to conduct a business.

E . 14 C.F.R. § 91.119: Minimu m Safe Altitudes. P rescribes safe altitudes for the operatio n of civil
aircraft. It allows h elicopters to be operated at l ower altitudes in certain conditions. Chandelle ’s

UAS will never operate at an altitude greater than 400 AGL. Given the size, weight, maneuverability and speed of Chandelle ’s UAS , an equivalent level of safety will be achieved.

F . 14 C.F.R. § 91.405 (a); § 91. 407 (a) (1); § 91. 409 (a) (2); §§ 91. 417(a) & (b): Maintenance Inspections. The above

- cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E of this part and shall
be tween required inspections, except as provided in paragraph C of this section, have discrepancies repaired as prescribed in part 43 of this chapter."

The above Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Chandelle should its requested exemption be granted. Chandelle conducts

an extensive maintenance program that involves regular software updates and co nstant inspection for assessment of any damaged hardware. Therefore, an equivalent le vel of safety
will be achieved.H . Summary Chandelle seeks an exemption from the following Regulations:

14 C.F.R. § 21, subpart H; 14 C.F .R. § 45.23(b); 14 C.F.R. § 61.101; 14 C.F.R. §§ 61.113 (a) & (b);

14 C.F.R. § 61.315 (a); 14 C.F.R. §§ 61.23 (a) & (c), 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14

C.F .R.§ 91.409 (a)(2); 14 C.F .R.§ 91.409 (a)(2); and, 14 C.F .R.§§ 91.417 (a) & (b) for the purpose of conducting aerial flight training, photography and videography (film, movie pr oduction, event, real estate), aerial surveying (wildlife, livestock, water supply, pipeline, agriculture) infrastructure and industrial inspections, news gathering, demonstration flights, law enforcement, search and rescue, and any other related activitie s that can utilize the safe and efficient operation of a small UAS.

Chandelle respectfully requests that the FAA grant its exemption request without delay. The
FAA has the authority to issue the exemption sought by Chandelle pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,
Dave Liddell

, Owner/Operator
dba Chandelle Consulting

www. c handelle .biz