1 Chad Gatherer
25618 Wentink, Ave
San Antonio, TX 78261
(210) 394

- 9837

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

July, 14, 2015

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and

14 CFR Part 11, I Chad Gatherer who is an owner and operator o f a DJI Phantom 3 Unmanned Aircraft Systems ( UAS) equipped to conduct co mmercial aerial photography and videography in

South Texas hereby applies for an exemption from the listed Federal Aviation Regulations (FAR) to al low commercial operation of its UAS, so long as such operations are conducted

within and under the c onditions outlined herein or as may be established by the FAA as required by Section 333.

The purpose of Mr. Gatherer’s exemption to the FAA is to provide unmanned aerial service to a variety of commercial and private clients and generate commerce within the aviation industry in

South Texas. This exemption will permit Mr. Gatherer to operate a UAS for commercial

purposes to includ e :

- A erial pho tography/videography

- Inspection of high structures

- Agriculture support

- P roperty

/land survey

- Wildlife survey /monitoring

- R eal

- E state marketing.

The UAS is smaller, lighter and more maneuverable than manner aircraft. The low altitude operations and the light weight of the UAS reduce s current risk levels of death or serious injury to crew or persons on the ground compared to conventional manned aircraft. The small size and short flight times of the UAS will boost the aviation industry in South Texas witho ut overly congestin g the already crowded airspace utilized by extensive military jet training. Much of th e rural areas in South Texas is cover my Military Operating Areas (MOAs) and Military Training Routes (MTRs). The MTRs are flown at 500 ft AGL and po se collision hazards with traditional VFR traffic in the area. A UAS operating below 400 ft AGL makes it safer for both the public and the military when conducting survey and monitoring work from the air.2

The name and address of the applicant is:

Chad Gatherer

25618 Wentink Ave
San Antonio, TX 78261

Email: clgatherer@gmail.com FAA Certificate # 2719536 Private Pilot Single Engine Land

Mr. Gatherer has 15 years of experience in civil and military aviation. Mr. Gatherer is a licensed

Private Pilot and h as over 2500 hours of military flying experience as a Rated Navigator.

Regulations from Which the E xemption is Requested:

14 CFR 61.113 (a) & (b)
14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121
14 CFR 91.151 (a)
14 CFR 91.405 (a)
14 CFR 407 (a) (1)
14 CFR 409 (a) (1) & (2) 14 CFR 417 (a) & (b)

The U nmanned Air System (UAS) Description

I, Chad Gatherer, p lan to use the DJI Phantom 3 Professional UAS. The Phantom 3 Professional is a quad

- copter with four electric motors powered by a battery and has gross weight of around 3 pounds

. DJI is a leader in the UAS mark et has a proven safety record allowing the Phantom 3

Professional to safely operate i n the National Airspace System (NAS) . The Phantom 3

Professional has numerous safety features which will minimize risk to persons and property on the ground. These features include; return to home, low battery warnings

, and enhanced failsafe

features such as auto takeoff and auto land.

Safety is the number one concern for Mr. Gatherer . Any maintenance or repair to the UAS will

be done in ac cordance with the manufacturer and if necessary will be sent back to the manufacturer for repair

. O nly manufacturer's authorized replacement parts will be used and

u nder no circumstance will alterations or repairs be made to the UAS outside o f the

manufacturer’s recommendations.3

Pilot in Command (PIC) and Visual Observer (VO)

The PIC will at a minimum have a Private Pilot’s License and a current Third Class Medical or State Issued Driver’s License

. The PIC with operate t he Phantom 3 Professional in accordance

with the Owner’s Manual . P ilots will take all necessary safet y precautions before, during, and after every flight . In addition

, the PIC will have a t least one flight lasting 15 min utes or more in the last 30 days to be consider ed current and qualified to operate the UAS for commercial

purposes. The PIC will document all flights dates and times in a pilots log book.

A ll flights will utilize a Visual Observer (VO) who is familiar with the Phantom 3 and is operations in accordance with the owner’s manual . The VO will be in visual and verbal range of

the PIC and UAS at all times. The VO will be responsible for alerting the PIC of any hazard jeopardizing safety of flight (in the air or on the ground) and will have the aut hority to terminate the flight at any time. The VO will have to observe at least one flight lasting 15 minutes or more in the last 30 days to be considered current and qualified for commercial purposes. All VO dates

and times will be documented in an app roved log book.

UAS Operations

Shall the grant be approved Mr. Gatherer will operate under the following conditions:

1. The UAS at all times will weigh less than 55 pounds to include the payload.

2. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). E ither groundspeed or calibrated airspeed will be used to determine compliance with the 87 knot speed restriction. In no case will the UA S be operated at airspeeds greater than the

maximum UA S operating airspeed recommended by the aircraft Manufacturer.

3. The UA S will be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude will be reported in feet AGL.

4. The UA S will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

5. All operations w ill utilize a visua l observer (VO). The UA S w ill be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS c apability. The

VO and PIC will be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC will be designated before the flight and cannot transfer the PIC designation for the dura tion of the flight. The PIC will

ensure that t he VO can perform the duties required of the VO.

6. All operating documents will be accessible during UAS operations and made available to

the Administrator or any law enforcement official upon request.4

. 7. Anytime the UAS that has undergone maintenance or alt eratio ns that affect the UAS operation o r flight characteristics, e.g., replacement of a flight critical component, w ill undergo a functional test flight prior to conducting further commercial operations

. Functional test flights will only be condu ct ed by a PIC with a VO and will remain at least 500 feet from other people. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property.

8. I, Chad Gatherer, will be responsible for maintaining and inspecting the UAS to ensure

that it is in a condition for safe operation.

9. Pr ior to each flight, the PIC will conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspec tion will account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintena nce has been performed and the UAS is found to be in a condition for safe flight.

10. I

, Chad Gatherer, will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and comply with all manufacturer safety bulletins.

11. PIC will a t a minimum private pilot certificate. The PIC will also hold a current FAA

airman medical certificate or a valid U.S. driver’s license issue d by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC

will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certif icate.

12. No PIC will be qualified to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated for commercial purposes , including evasive and emergency maneuvers and maintaining

approp riate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b).

13. Flights for the purposes of training the operator’s PICs and VOs (training, proficie ncy, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated

. T raining operations will only be conducted during dedi cated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC will operate the UA S with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

14. UAS operations will not b e conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.5

15. The UA S will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published

aerona utical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to M r. Gatherer . The letter of

agreement with the airport management will be made available to the Administrator or any law enforcement official upon request.

16. The UA S 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 statute miles from the PIC.

17. The UAS will not operate in Class B, C, or D airspace or within 5 nm of any airport without written approval from the FAA.

18. If the UAS loses communications or loses its GPS signal, the UA will return to a pre

determined location within the private or cont rolled

- access property using the return to

home function.

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies

.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater. Flights will be terminated at 30 minutes or

25 % battery whichever occurs first.

21. Documents used to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These d ocuments will be made available to the Administrator or any law enforcement official upon request.

22. The UA S will remain clear and give way to all manned aviation operations and activities

at all times.

23. The UAS will not be operated by the PIC from any moving device or vehicle.

24. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. The operator will ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UAS, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons; and6

b. The owner/controller of any vessels, vehicles or structures has granted permi ssion for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue

hazard.

25. All operations will be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

26. Any incident, acciden t, or flight operation that transgresses the lateral or vertical boundaries of the operational area will be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents will t be reported to the National Transportation Safety Board (NTSB ) per instructions contained on the NTSB Web site: www.ntsb.gov.

Regulations from Which the E xemption is Requested:

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS.

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety provi ded by the requirements included in the Operation Specifications exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by
14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certi ficate issued for the aircraft

. Given the size of

the aircr aft and the requirements contained in the Operating Specifications for maintenance and the use of safety check lists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

. This regulation states n o 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 a vailable in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such7

an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual/specifications at the ground contro l statjion where the PIC will have immedi ate access

. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737,
8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. §91.109: Flight instruction : This regulation establishes that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs and remotely piloted aircraft, by their design d o not have fully functional dual controls. Flight control is accomplished through the use of a ground station that communicates

with the aircraft via radio communications. The equ ivalent level of safety will be achieved provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. The FAA has approved exemptions for flight trainin g without fully functional dual controls for a number of aircraft and for flight instruction in experimental

aircraft. See Exemption Nos. 5778K and 9862A

.

14 C.F.R § 91.119 Minimum Safe Altitudes This regulation establishes safe altitudes for operation of civil manned aircraft. T he UAS w ill

never operate above 400ft AGL. The low

- altitude operations of an UA S will ensure se paration

between out UAS operation and the o perations of conventional aircraft that must co mpl y with

Section 91.119.

14 C

. F

. R

. § 91.121 Altimeter settings

This regulation requires that a ircraft shall maintain cruising altitudes by reference to an altimeter setting available within 1 00 NM of the aircraft. The UAS will always fly below 400 feet AGL

and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An

Above Ground Level (AGL) altimeter m easurement above the takeoff point is transmitted via

radio from the UAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditio ns) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruis ing speed

– (1) During the day, to fly after that for at least 30 minutes. The Phantom 3 is electric powered and equivalent level of safety is already achieved given the UAS will not take off when the battery level is at a certain point. Also, the manufactu rer have integrated low and critical battery warnings and the UAS has a “return to home” function were the UAS will return to its starting point once the battery has

reach a determined level.

14 C.F.R . §91.405(a); 407(a) (1); 409 (a) (1) and (2) ; 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner “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 sect ion, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate,8

the se sections will not apply to the petitioner . An equivalent l evel of safety will be achieved because these small UASs are very limited in size and will ca rry a small payload and operate only in restricted areas for limited periods of time. If mechanica l issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL, with the vast majority of operations under 200 feet. As provided in this document and the Flight Manual, the PIC will ensure that the UAS is in working orde r prior to commencing a flight.

Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

I, Chad Gatherer, the operator of a DJI Phantom 3 Profe ssional UAS seek exemption from the follow regulations:

14 CFR 61.113 (a) & (b)
14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121
14 CFR 91.151 (a)
14 CFR 91.405 (a)
14 CFR 407 (a) (1)
14 CFR 409 (a) (1) & (2)

14 CFR 417 (a) & (b)

Approving this exemption will allow commercial operations of the UAS enhancing the safety of the general public and reduce risk of serious injury or death. This light weight aircraft will operate at speeds under 87 knots and at altitude s under 400 ft AGL. This will make the airspace utilized by the military for training purposes safer for both military aviators and the general public on the ground. The majority of the military training occurs at altitudes of 500 ft AGL or higher. A UA S operating below 400 ft AGL will de

- conflict with this traffic and allow farmers and ranchers to safely utilize aerial service in managing their land and property.

Sincerely,

//signed//

Chad Gatherer