Wesley B. Mendoza WM Aerial Innovations 6100 Rocky

Can yon Road Atascadero, CA 93422 (805) 423

- 0388 wmaerialinnovations@gmail.com

July 31 , 2015

**UNITED STATES DEPARTMENT OF TRANSPORTATION DOCKET MANAGEMENT SYSTEM**  1200 New Jersey

Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11.

Dear Sir or Madam:

Pursuant to Sec tion 333 of the FAA Modernization and Reform Act of 2012 (the reform act) and CFR Part 11, WM Aerial Innovations, owned b y Wesley B. Mendoza is seeking a request for an exemption from the Federal Aviation Regulations (FAR) listed below so that WM Aerial Innovations may operate Small Unmanned Aircraft S ys tems (UAS’s) commerciall y in airspace regulated b y the FAA. Wesley B. Mendoza has been piloting UAS/RC planes as recreational devices for over five y ears and would like to expand into operating UAS, specifi cally the DJ Phantom 3 Advanced in the commercial market.

Of specific interest as to conduct aerial photography and inspec tion, as long as such operation s are conducted within and under the conditions outlined herein or as established by

the FAA as requir ed b y Section 333. These activities include but may not be limited to:

1. Marketing of residential and commercial real estate. 2. Aerial inspections in the oil and gas utilities and wireless infrastructures. 3. Television production and other aerial photograp h y and videograph y pertaining to the media 4. Inspection survey s including roofing, oil and gas, and agriculture.

All operations done b y WM Aerial Innovations will be performed with the public’s safety and rights to privacy

guarded at all times.As descri bed below, the reque sted exception would permit the operation of lightweight

(less than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use by a trained UAS operator as outlined in Section 333 of the Reform Act.

WM Aerial Inn ovations, in keeping with the regulations, will be utilizing the DJ Phantom 3 Advanced, which weighs less than 55 pounds including the payload. It operates at a speed less than 50 knots and has the capability to hover and move in the vertical and horizonta l plane simultaneously . The UAS will operate within the line of sight within a protected flight area as described below and at 200 feet AGL or less. These operations will not create a hazard to users of the airspace, neither public nor environmental.

WM Aerial Innovations respectfull y requests the grant of an exception to the following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for commercial use.

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 91.109, 91.119, 9 1.121, 91.151 (a), 91.203 (a & b), 91.405 (a), 91.407 (a)(1), 91.409 (a & b).

, WM Aerial Innovations submits this application in accordance with the Reform Act seeking relief from an y currentl y applicable FAR’S operating to prevent WM Aerial Innovations future commercial use of small UASs to operate in the national airspace
sy stem as described below. The Reform Act Section 333 provides for such integration of civil unmanned aircraft into our national airs pace sy stem as it is in the public’s interest to do so. WM Aerial Innovations UASs (DJ Phantom 3 Advanced) meets the definition of “small unmanned aircraft” as defined in Section 333 and therefor the integration of these UASs are expressl y contemplated b y the Reform Act. WM Aerial Innovations would like to operate its lightweight UAS prior to the time period b y which the Reform Act requires the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to co nsider whether certain unmanned aircraft s ys tems may operate safel y in national airspace before completion of the rule making required under Section 333 of the Reform Act. In making this determination , the Secretary of Transportation is required to determ ine which UASs do create a hazard to users of the national airspace s ystem or the public or pose a threat to national securit y in light of the following: The UASs size, speed, weight and operational capability Operation of the UASs in close proximity to ai rports and populated areas Operation of the UASs within visual line of sight of the operator

The DJ Phantom 3 Advanced meets the aforementioned specifications on size, speed, weight and operational capability as follows: Weight (including battery and propeller) 1280 g Diagonal Size (including propeller) 590 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/sMax Speed 16 m/s Max Altitude Above Sea Level 6000 m GPS Mode GPS/Glonass Pl ease note an y other pertinent specifications at www.dji.com

The very small nature of these UASs combined with the safe guards presented below, will allow for the safe operation greater than that envisioned by Congress for the FAA to establish and by

exemp tion allow commercial operations of UASs to commence immediately . Also, due to the size of UASs and the areas and altitudes they will operate approval of this exception presents no national security issues and absolutely

minimal safet y concerns which have been mitigated through trained risk management guidelines. Given the clear direction expressed in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety , reduced emiss ions utilizing UASs verses traditional aircraft , as well as, the economic impact of greatl y reducing the cost of aerial photograph y and videograph y, thereb y imposing a benefit to the greater public. Accordingl y, the applicant requests that the FAA grant the requested exemption without delay

. The following will be considered as the binding limitations of operations for WM Aerial Innovations: 1. Flights will only

occur in the day

time hours 2. Flights will be operated in the line of sight of the trained operator (PIC) and Observer (VSO) 3. Flights will be terminated at an y time weather and wind deteriorate to “unsafe for flight” b y manufacturers recommendations 4. The UAS will weigh less than 55 lbs. 5. Flights will be operated at 200 feet AGL or less 6. PI C will do a thoroug h preflight inspection just as he would with any airplane operation 7. Operator and crew will remain in contact during flight operation 8. The UASs operator will perform a check of the flight area and make certain of the safet y of all persons in the area 9. Consent will be obtained from all person within the video capabilities of the units to further reduce the chance of violating an yone’s privacy 10. All required FAA clearances will be obtained and distances from airports strictly observed 11. All UASs will have the capabi lity to return automatically

to the operator’s designated take off and landing location, in a safe manner with the auto return function checked and working with appropriate GPS connection 12. Flights will only

operate in VFR conditions 13. UASs have a function on the control to tell operator the distance away operator, altitude and battery power remaining, and operating status 14. Flight team will communicate b y voice and the use of two

- way radio if the area is too great for verbal communication from all team members, an observer will alway s be presentCFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203 (a)(1)

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 WM Aerial Innovations UASs (DJ Phantom 3 Advanced) flights permits exception from Part 21 because they 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 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt Ass from airworthiness certificates in consideration of w eight, size, speed, maneuverability and proximity to areas such as airports and dense populations (see specs above and limitations of operations described above). WM Aerial Innovations meets or exceeds each of these elements.

As of 2015, the FAA has stated that it will automatically grant a “blanket” COA for flights at or under 200 AGL , to an y UASs operator with Section 333 exemption.

14 CFR 91.203 (a&b) provides for carry ing of civil aircraft certifications and registrations. These are inapplicable fo r the same reasons stated above. The equivalent level of safety

will be achieved by

maintaining such certifications and registrations.

14 CFR 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate wil l be applicable in the form contemplated by FAR’s, this regulation is inapplicable and does not pertain to said request.

14 CFR 91.9 (b)(2) Civil Aircraft Flights Manual in Aircraft

14 CFR 91.9 (b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS’s, this regulation is inapplicable. An equivalent level of safet y will be achieved b y m aintaining such certifications and registration at WM Aerial Innovations operations center. Furthermore, as outlined, prior to each activity , a thorough inspection of the UAS will be followed including parts, propellers, and battery

. The FAA has previously

issued exemptions to this regulation in Exemption Numbers 8607, 8737, 8738, 9299, 9299A, 9565, 95 65B, 10167, 10167A, 10602, 10700, and 32827.

14 CFR 91.119Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. WM Aerial Innovations will only o perate its UASs at or below 200 AGL. They will be operat ed on a well

- defined AOR that has been carefully reviewed for hazards and minimizes the presence of an y persons not essential for these operations. Flights will only be over private property

that th e owner has consented and all persons within this video area also have given permission for filming. Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more 1000 pounds,operating below 500 AGL with flammable fuel UASs operations present a far smaller

risk to the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the service of aerial photography and aerial inspections will greatly enhance safety

by reducing the overall r isk associated with traditional aircraft. Traditional aerial photograph y requires large aircraft with h ydrocarbon combustible engine that emits green house gasses into the atmosphere and also requires them to fly in close proximity

of populated areas and p eople in general. With the use of small UASs of 55 pounds or less, battery operated and fly ing below 200 feet AGL, the risk of injury of people on the ground or the crew has been reduced or almost eliminated. The granting of the use of these small UASs to WM Aerial Innovations will give people safe and legal access to obtain aerial photographs, as well as, aerial inspections that may have a positive economic impact and safety element for the environment.

Granting WM Aerial Innovations the above requested exemption will allow for the expansion of UAs sy stems into the future for the safe conduct of free enterprise. WM Aerial Innovations respectfully requests the FAA to grant its exception without delay

. The FAA has the authority to issue the exemption sough t by WM Aerial Innovations pursuant to the Federal Aviation Act 85 P.L . 726 (1958) as amended (the ACT).

Respectfully
,

Wesley B. Mendoza Owner/Operator