US Department of T ransportation Exemption Request Pursuant to Section 333 of the F AA Reform Act and Part 1 1 of the Federal Av iation January 23, 2016
**Matthew G**

**. Wilde 869 Marfell S** **t. Erie, CO 80516**  **matthewgwilde@gmail.com** U.S Department of T

ransportatio n Docket Management Sy stem 1200 New Jersey

Av e., SE Wa shington DC 20590 Re: Exemption Request Pursuant to Section 333 of the F AA Reform Act and Part 11 of the Federal Av iation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.1 13(a) and (b ); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.1 19(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 i s in the public interest. Pursuant to the authority contained in 49 U.S.C. 106(f), 401 13, 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 F AA M odernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 1 1 of Unmanned Aircraft Sy stems (UAS **), Matthew G** 

**. Wilde** hereby

applies for an exemption from the listed Federal Av iation Regulations ("F

ARs") 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 F AA as required by

Section 333. Thank y ou in advance for y our 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):

 **Vi deography / Photography** 
 **Real estate surveying, evaluation, and marketing**
 **Marketing Media**
 **Newsgathe ring** 
 **Governmental services** **Land Management / Surveying**

 **Agricultural and geological surveying and r esear**  **ch**
 **Wi ldlife, for**  **estry**

**, and rangeland r esear**  **ch and management**
 **Education and Special Events**
 **sUAS/sUA**

**V safety training and flight instruction**  Aerial data c ollection 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 anal ys is, etc.), chemical measurement (particulate measure ment, 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 T ransportation's (the F

AA Administrator's) responsibilities to "... . establish requirements for the safe operation of such aircraft sy stems in the national airspace s ys tem."

The name and address of the applicant is
**Matthew G**

**. Wilde 869 Marfell S** **t. Erie, CO 80516**  **matthewgwilde@gmail.com**

**Fr om** **which the exemption is r e**  **quested** : 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.1 13 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.1 19 (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. 1 1062 to Astraeus Aerial (see Docket No.FA A −2014−0352), 1 11 09 to Clay co, Inc. (see Docket No. F AA−2014−0507), 1111 2 to VDOS Global, LLC (see Docket No. F AA −2014−0382), 1 1213 to Aery on Labs, Inc. (see Docket No. F AA −2014−0642), and 12645 to Allied Drones (see Docket No. F

AA

- 2014

- 0804), There is enhanced safet y achieved using an unmanned aircraft (UA) with the specifications described b y the petitioner and carryi ng no passengers or crew, rather than a m anned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the F AA good cause to find that the UAS operation enabled by this exemption is in the public interest.

**Matthew G**

**. Wilde** Wi ll operate one or more of the Following model UAS

**DJI Phantom 3 Advanced**  CHARACTERI STICS OF THE AI RCRAFT The DJ I Phantom 3 Advanced is a small and light (take

- of f 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 efficientl y plan a flight path, and monitor it in real

- time.

The four main characteristics of the Phantom 3 Advanced are: a. V er y light weight. The Phantom 3 Advanced is so light that the operator can launch it from an y 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 sy stem continuously anal yz es data from the onboard GPS and takes care of all the aspects of the flight under the supervision of th e 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 automat ed operations and take manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the sy stem.
Safety requirements. The approval of this application presents no national secur ity issues. Regarding the level of safet y 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 intere st. Accordingl y, the applicant graciousl y requests that the F AA grant the requested exemption.AI RCRAFTAND EQUIV ALENT LEVEL

OF SAFETY
The operation limitations proposed for an equivalent or higher level of safety because operations will further enhanc e 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 FA A 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 C ommand (PIC) and/or V isual 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 consi st of the UAS Pilot and at least one Vi sual Observer (VO), and may include a third, but separate, Camera Operator (CO).
7. The UAS pilot will be a designated Pilot in Command (PI C) . The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safet y briefing will be performed prior to each day's flights consisting of all the day s' Production activities.

9. All flight activities will be logged.

10. All flights will occur under Vi sual 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 cente r/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 b e allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safet y determination, as U.S. Department of Tr ansportation required under the FOM. W ith the advanced permission of the FSDO, operations at closer range may be approved.

15. The PI C 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 PI C and VO will be able to communicate by voice and/or radio at all t imes.

17. The PI C 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

.

1 9. 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 b attery

.

21. An y incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COAmust be reported to the F AA's UAS Integration Office (AFS −80) within 24 hours. Accidents must be reported to the National Tr ansportation Safet y Board (NTSB) per instructions contained on the NTSB W eb 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 b y F AR §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 safet y under Part 1 1 and Section 333 of the Reform Act. The Federal Av iation Act (49 U.S.C.§44701 (f)) and Section333 of the Reform Act both authorize the F AA to exempt aircraft from the re quirement 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 anal ysis of these criteria demonstrates that the UAS op erated 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 tightl y controlled and monitored by both the operator and under the requirements and in compliance with local public safet y requirements. These safet y enhancements provide a gre ater degree of safet y to the public and propert y 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 thre at 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 Aircraf t The regulation requires: When marks include onl y the Roman capital letter "N" and the registration number is display ed 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 onl y the Roman capital letter "N" and the registration number is display ed on limited, restricted or light sport category aircraft or experimental or provisionally

certific ated aircraft, the operator must also display on that aircraftnear 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 "p rovisional/' 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 T ransportation February 20, 2015 The equivalent level of safet y will be provided b y having the UAS marked on its fuselage as required b y §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. § 61.1 13 (a) and (b The proposed UAS operations may achieve an equivalent level of safet y as achieved by

current Regulations because the applicant's UAS do not carry an y 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 UA S.

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 F

AA 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 b y §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 an y combination thereof. The UAS, given its size and configuration has no ability or place to carry

such a flight manual on the aircra ft, 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 safet y will be maintained by keeping the flight manual at the ground control point where the pilot fly i ng 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 safet y of flight. As FA A approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PI C 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 ai rcraft 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 full y functioning dual controls. UAS andremotely

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 F AA 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 safet y is provided b y the fact that neither a pilot nor passe ngers will be carried in the aircraft and b y the size and speed of the aircraft.

14 C.F .R. §91.1 19: Minimum Safe Altitudes. Section 91.1 19 establishes safe altitudes for operation of civil aircraft. Section 91.1 19 (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 F AA. As this exemption is for a UAS that is a helicopter and the exemption requests authorit y 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 se curit y perimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level of safet y 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 propert y owner or local officials. Because of the advance notice to the propert y owner and participants in the filming activity

, all af fected individuals will be aware of the planned flight operations. Co mpared 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 presentl y presented with conventional aircra ft 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 91.1 19.

14 C.F .R. §91.121 Altimeter Settin gs. 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 safet y will be achieved b y the operator, pursuant to the safet y check list and live flight data monitoring, confirming the alt itude 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 unle ss (considering wind and forecast weather conditions) thereis enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day , to fl y 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 onl y people and property owners or of

ficial representatives who have signed waivers will be allowed does not engender the t yp e 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 safet y can be achieved b y 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 an ywhere in its limited operating area.

14 C.F .R. §91.203 (a) and (b): Carrying Civil Aircraft C ertification 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) N o person may operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under §91.715 is display ed 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 sa fet y will be achieved b y keeping these documents at the ground control point where the pilot fly ing 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): M aintenance 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 onl y to aircraft with an airworthiness certificate, these sect ions 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 safet y will be achieved because the UAS is very limited in size and will carry

a small paylo ad and operate onl y in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediatel y and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiat ing flight, perform required maintenance, and keep a log of an y maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level o f safety

. An equivalent level of safet y 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 workingorder prior to initiating flight and perform required maintenance needed.

Additional Information. The applicant **Matthew G . Wilde**  believes this exemption request and associated safet y considerations adequately satisfy criteria provided in Secti on 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 y our respective approval of this Section 333 exemption petition request.
Thank y ou for y our attention in this matter. Please notify **Matthew G . Wilde**  o f y our actions, and or approvals. Thank you, for your interest in this request.

Sincerely ,

**Matthew G**

**. Wilde**

Manual L ink: https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Man ual__V1.6.pdf