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 an 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 commercial operations by Chandelle, which will use the DJI

Phantom 3 to conduct UAS flight training, photography and videography (film, movie 

production, 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 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) responsibilities to not only integrate UAS's into the national 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, Chandelle 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 meets the definition of "small 

unmanned aircraft" as defined in Section 331 and 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 Act 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 populated 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 weighs less than 55 pounds, including camera. It is designed to primarily 

hover in place and operate at less than a 50 knot maximum speed. It is also capable of vertical 

and horizontal 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 allows 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 GPSenabled “geofence” that 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 their operation in well-controlled areas, its proposed 

operations fall within Congress's contemplated safety zone when it promulgated the Reform 

Act and the corresponding directive to integrate UAS's into the national airspace system. 

Chandelle’s UAS has a demonstrable safety record and does not pose any threat to the general 
public 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 furthers 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 operations 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, weighs less 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 

update 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 in 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 aerial 
photography and videography. While the safety record of such helicopters is remarkably 

astounding, 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. Second, there is no fuel on board the UAS and thus the potential for fire or explosions is 

greatly diminished. 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 Command) 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 requirements 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 under 

both the Act (49 U.S. C. 44701 (f)) and

A. Section 333 of the Reform Act. Both pieces 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 meets or exceeds each 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 flight 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 reasons 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 require 

aircraft to be marked according to certain specifications. Chandelle’s UAS is, by definition, 

unmanned. It therefore does 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) Pilot privileges and 

Limitations. 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 proposed 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 proposed operations require the PIC to

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, we 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: Minimum Safe Altitudes. Prescribes safe altitudes for the operation of civil 

aircraft. It allows helicopters to be operated at lower 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 

between 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 constant 

inspection for assessment of any damaged hardware. Therefore, an equivalent level 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 production, 

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 activities 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.chandelle.biz