US Department of Transportation Exemption Request Pursuant to Section 333 of

the FAA

Reform Act and Part 11 of the Federal Aviation

January 23, 2016

Matthew G. Wilde

869 Marfell St.

Erie, CO 80516

matthewgwilde@gmail.com

U.S Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part

11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR

45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR

91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a);

14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR

91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuant to the authority contained in 49

U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

This petition is being submitted on my own behalf without legal counsel or consulting services.

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

"Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS),

Matthew G. Wilde hereby applies for an exemption from the listed Federal

Aviation Regulations ("FARs") to allow commercial operation of Designated UAS,

provided such operations are conducted within and under the conditions outlined

herein or as may be established by the FAA as required by Section 333.

Thank you in advance for your consideration.

Commercial operation of an UAS, as described herein, which are equipped with

camera(s) and sensors, would provide professional services in the following areas of aerial data 

collection (but not limited to):

 Videography / Photography

 Real estate surveying, evaluation, and marketing

 Marketing Media

 Newsgathering

 Governmental services
 Land Management / Surveying

 Agricultural and geological surveying and research

 Wildlife, forestry, and rangeland research and management

 Education and Special Events

 sUAS/sUAV safety training and flight instruction

Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement

(precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any

other gathering of data by instruments aboard the UAS.

As described fully below, the requested exemption would permit the operation of

designated UAS as set forth in this document under controlled conditions in the

NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval

of this exemption would increase public awareness of UAS operations and

enhance safety to aid in fulfilling the Secretary of Transportation's (the FAA

Administrator's) responsibilities to ".... establish requirements for the safe

operation of such aircraft systems in the national airspace system."

The name and address of the applicant is

Matthew G. Wilde

869 Marfell St.

Erie, CO 80516

matthewgwilde@gmail.com

From which the exemption is requested: 14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a)

14 CFR 91.405 (a)

14 CFR 91.407 (a)

14 CFR 91.409 (a)

14 CFR 91.417 (a)

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No.
FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507),

11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), 11213 to Aeryon

Labs, Inc. (see Docket No. FAA−2014−0642), and 12645 to Allied Drones (see

Docket No. FAA-2014-0804), There is enhanced safety achieved using an

unmanned aircraft (UA) with the specifications described by the petitioner and

carrying no passengers or crew, rather than a manned aircraft of significantly

greater proportions, carrying crew in addition to flammable fuel, gives the FAA

good cause to find that the UAS operation enabled by this exemption is in the

public interest.

Matthew G. Wilde Will operate one or more of the Following model UAS

DJI Phantom 3 Advanced

CHARACTERISTICS OF THE AIRCRAFT

The DJI Phantom 3 Advanced is a small and light (take-off weight of under 55 pounds) performs 

precision aerial mapping missions thanks to the onboard GPS and the related flight management 

software, including a monitor on the controller that receives footage from the camera in real time. This 

allows the operator to safely and efficiently plan a flight path, and monitor it in real-time.

The four main characteristics of the Phantom 3 Advanced are:

a. Very light weight. The Phantom 3 Advanced is so light that the operator can launch it from any flat 

surface, let it land on almost any surface without requiring a parachute or landing net (belly land). Its 

low kinetic energy also significantly reduces the risk of hazardous situations.

b. Electric-powered. The Phantom 3 Advanced is electric-powered brushless motor technology makes it 

silent and reliable. Due to the lack of combustible fuels onboard means fewer complications in the 

event of an emergency.

c. Semi-automatic flight. The artificial intelligence incorporated within the Phantom 3 Advanced 

autopilot system continuously analyzes data from the onboard GPS and takes care of all the aspects of 

the flight under the supervision of the operator.

d. Option for Manual control. Additionally, the Phantom 3 Advanced provides an override capability

that allows the operator to take manual actions during the flight (Return to Home, Go Land, Hold and 

Resume the mission) and also suspend automated operations and take manual control of the aircraft 

should it become necessary to respond emergent circumstances, thanks to the remote controller 

provided with the system.

Safety requirements. The approval of this application presents no national

security issues. Regarding the level of safety surrounding the proposed

operations and the public benefit, reduction in environmental impacts, including

but not limited to reduced emissions and noise, the grant of the requested

exemption is in the public interest. Accordingly, the applicant graciously requests

that the FAA grant the requested exemption.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety

because operations will further enhance the safety of the persons and/or property

using conventional aircraft. These limitations and conditions to which the

applicant agrees to adhere to when conducting commercial operations under the

FAA issued exemption as set forth in the Flight Operations Manual (FOM)

include:

1. The UAS will weigh significantly less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum

operating speed of no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC)

and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS

model in operation, but will not exceed 30 minutes. Flights will be terminated at

25% battery power reserve or 30 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground

Level (AGL) and not more than 200 feet above an elevated platform from which

filming is planned.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one

Visual Observer (VO), and may include a third, but separate, Camera Operator

(CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have

logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all

the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions
(VMC) only.

11. The flights will occur in Class G airspace no closer than a mile radius of the

geographic center/Airport Reference Point (ARP) of a tower controlled or

uncontrolled airport.

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each

flight.

14. The operator will obtain verbal/written consent of all persons involved with the

planned operation and ensure that only consenting persons will be allowed within

100 feet of the flight operation, and the radius may be reduced to 30 feet based

upon an equivalent level of safety determination, as U.S. Department of

Transportation required under the FOM. With the advanced permission of the

FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to

date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all

times.

17. The PIC will abide by all rules

18. If the UAS loses communications with the remote controller or loses GPS

signal, the UAS will have the capability to return to a predetermined

location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with

an automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted

obstacles, weather, or emergencies such as low battery.

21. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA
must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours.

Accidents must be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a)

(1) Subpart H, entitled Airworthiness Certificates, establishes the procedural

requirements for the issuance of airworthiness certificates as required by FAR

§91.203 (a) (1). Given the size and limited operating area associated with the

aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H

meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f))

and Section333 of the Reform Act both authorize the FAA to exempt aircraft from

the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated

areas of the particular UAS. In all cases, an analysis of these criteria

demonstrates that the UAS operated without an airworthiness certificate in the

restricted environment and under the conditions proposed will be at least as safe,

or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed. The

UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and

operates exclusively within a secured and designated area. Unlike other civil

aircraft, operations under this exemption will be tightly controlled and monitored

by both the operator and under the requirements and in compliance with local

public safety requirements. These safety enhancements provide a greater degree

of safety to the public and property owners than conventional operations

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart

H. Lastly, application of these same criteria demonstrates that there is no

credible threat to national security posed by the UAS, due to its size, speed of

operation, location of operation, lack of explosive materials or flammable liquid

fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When

marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2

inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/'

"experimental/' or "provisional/' as applicable.

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When

marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft
near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2

inches nor more than 6 inches high, the words "limited/' "restricted/' "light

sport/'"experimental/' or "provisional/' as applicable. Even though the UAS will

have no airworthiness certificate, an exemption may be needed as the UAS will

have no entrance to the cabin, cockpit or pilot station on which the word

"Experimental" can be placed. Given the size of the UAS, two inch lettering will

be impossible. The word "Experimental" will be placed on the fuselage in

compliance with §45.29 (f). US Department of Transportation February 20, 2015

The equivalent level of safety will be provided by having the UAS marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working

with the UAS will see the identification of the UAS as "Experimental." 14 C.F.R. §

61.113 (a) and (b The proposed UAS operations may achieve an equivalent level

of safety as achieved by current Regulations because the applicant's UAS do not

carry any pilots or passengers nor property. The risks attendant to the It is

believed that the operation and limitations set forth in the FOM will equate to the

safe operation of the UAS.

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 certificate issued for the aircraft, should this exemption be

granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft for maintenance and use of safety checklists 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. Section 91.9 (b) {2) provides: No

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

available 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 such an item on the aircraft. The

equivalent level of safety will be maintained by keeping the flight manual at the

ground control point where the pilot flying the UAS will have immediate access to

it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in

command to take certain actions before flight to insure the safety of flight. As

FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. The PIC will take all actions as stated in the FOM in

Section 4 under Normal Procedures including but not limited to reviewing

weather, flight battery requirements, landing and takeoff distances and aircraft

performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides 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. UAS and
remotely piloted aircraft, by their design do not have fully functional dual controls.

Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of

aircraft and for flight instruction in experimental aircraft. The equivalent level of

safety is 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.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe

altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be

operated at less than the minimums prescribed, provided the person operating

the helicopter complies with any route or altitudes prescribed for helicopters by

the FAA. As this exemption is for a UAS that is a helicopter and the exemption

requests authority to operate at altitudes up to 400 AGL, or not more than 200

above an elevated platform from which filming is planned, an exemption may be

needed to allow such operations. As set forth herein, the UAS will never operate

at higher than 400 AGL with the exception that in circumstances where the UAS

is used to survey or photograph a structure whose height exceeds 400 feet AGL,

the UAS will not be operated more than 200 feet above the highest point on the

structure. It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their pre

obtained consent. The equivalent level of safety will be achieved given the size,

weight, and speed of the UAS as well as the location where it is operated. No

flight will be taken without the permission of the property owner or local officials.

Because of the advance notice to the property owner and participants in the

filming activity, all affected individuals will be aware of the planned flight

operations. Compared to flight operations with aircraft or rotorcraft weighting far

more than the maximum SSibs. Proposed herein and the lack of flammable fuel,

any risk associated with these operations is far less than those presently

presented with conventional aircraft operating at or below 500 AGL. In addition,

the low altitude operations of the UAS will ensure separation between these UAS

operations and the operations of conventional aircraft that must comply with

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person

operating an aircraft to maintain cruising altitude by reference to an altimeter that

is set "...to the elevation of the departure airport or an appropriate altimeter

setting available before departure." As the UAS may not have a barometric

altimeter, but instead a GPS altitude read out, an U.S. exemption may be

needed. An equivalent level of safety will be achieved by the operator, pursuant

to the safety check list and live flight data monitoring, confirming the altitude of

the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section

91.151 (a) prohibits an individual from beginning "a flight in an airplane 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- (1) During the day, to fly after that for at least 30 minutes; or (2)

At night, to fly after that for at least 45 minutes." The applicant believes that an

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions.

Operating the UAS in a tightly controlled area where only people and property

owners or official representatives who have signed waivers will be allowed does

not engender the type of risks that Section 91.151(a) was intended to alleviate

given the size and speed of the small UAS. The applicant believes that an

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25%

of battery power- whichever happens first. This restriction would be more than

adequate to return the UAS to its planned landing zone from anywhere in its

limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and

Registration The regulation provides in pertinent part: (a) Except as provided in§

91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate . . . . (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph

(a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew. The UAS fully loaded weighs well under the proposed 551b limit and is

operated without an onboard pilot. As such, there is no ability or place to carry

certification and registration documents or to display them on the UAS. An

equivalent level of safety will be achieved by keeping these documents at the

ground control point where the pilot flying the UAS will have immediate access to

them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (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 section,

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,

these sections will not apply to the applicant. Maintenance will be accomplished

by the operator pursuant to the flight manual and operating handbook. An

equivalent level of safety will be achieved because the UAS is very limited in size

and will carry a small payload and operate only in restricted areas for a limited

period of time. If mechanical issues arise the UAS can land immediately and will

be operating from no higher than 400 feet AGL. The operator will ensure that the

UAS is in working order prior to initiating flight, perform required maintenance,

and keep a log of any maintenance performed. Moreover, the operator is the

person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety. An equivalent level of

safety will be achieved because maintenance and inspections will be performed

in accordance with the UAS Manufacturer's User Manual. As provided in the

FOM, and a link on last page, the operator will ensure that the UAS is in working
order prior to initiating flight and perform required maintenance needed.

Additional Information.

The applicant Matthew G. Wilde believes this exemption request and

associated safety considerations adequately satisfy criteria provided in Section

333 of the Reform Act of 2012, providing sufficient justification for the granting of

commercial operations of the applicant's UAS. I also feel its in the public’s

interest on granting the exemption, as we can educate them at the same time.

And all the positive sides of the new technology and the level of safety.

The applicant Matthew G. Wilde requests your respective approval of this

Section 333 exemption petition request.

Thank you for your attention in this matter. Please notify Matthew G. Wilde

of your actions, and or approvals. Thank you, for your interest in this request.

Sincerely,

Matthew G. Wilde

Manual Link:

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Man

ual__V1.6.pdf