December 7, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washing ton, DC 20590

Re: Request for Exemption under Section 333

of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations.

Name and Address of Petitioner:

David L. Matheny

15552 Cincinnati Creek Rd

Summers, AR 72769

Mail

P.O. Box 1528

Siloam Springs, AR 72761

(870)329

- 1693

davidmatheny@sbcglobal.net

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11,

David L. Matheny, the Petitioner, request e xemption from the following Federal Aviation Regulations in order to

legally operate an Unmanned Aircraft System (UAS) in the National Airspace System.

Regulations from which the exemption is requested:

14CFR 21 H 14 CFR 45.23 (b)

14 CFR 61.113 (A) 7 ( b) 14 CFR 91.7 (a)

14 CFR 91.9 (b)(2)

14 CFR 91.103 (b)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) & (b) 14 CFR 91.417 (a) & (b)

14 CFR Title 14 Chapter 1 Sub D Part 60 thru 67

- 61.1 to 61.429

The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations list below.

Applications and Operations:

Aerial Videography and/or Photography for Public and /or Private use, Including but not Limited to • Events •

Real

- Estate Marketing Commercial and/or Residential • Appraisals • Inspections • Golf Courses • Construction Sites

• Agriculture/Livestock • Aerial MappingThe Petitioner believes the use of the UAS 's is more economical and safer to use for the aforementioned purposes.

Use of the UAS rather than a manned aircraft is more economical to the consumer, and beneficial to the general

public due to its small size, low noise and minimal potential for acciden t.

Aircraft To Be Used :

The UAS to be used is the quadricopter DJI Phantom 3, Parrot BeBop Drone:

Both are electric

- powered by lithium polymer batteries/w four

- rotors; max gross weight less than 3 lbs., with max

speed in still air less than 35mph.

Req uest for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations:

The Petitioner requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of UAS 's.

14 CFR 21 H: Airworthiness Certificates

Certification Procedures for Products and Parts

Reason for Exception

It has been determined that similar UAS's do not require an airworthiness certificate as granted in

Exemption No. 11623, 11650, 11664 and 11734.

14 CFR 45.23 (b): Marking of the Aircraft

These regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station.

Reason for Exception

Even though the UAS will have no airworthin ess certificate, an exemption may be needed as the UAS

will have not entrance to the cabin, cockpit or pilot station on which the work "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).

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167

and 10167A.

14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations

The regul ation provides that no person may serve as a required pilot flight crewmember of a civil aircraft

of the United States, unless that person: (1) has a pilot certificate or special purpose authorization

issued under this part in that person's physical poss ession or readily accessible. (2) The flight is only

incidental to that business or employment. (3) The aircraft does not carry passengers or property for

compensation or hire.

Reason for Exception

The Petitioner will follow all manufacturers' training program and safety manual. I also believe these

requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA proposals have

omitted this as a future requirement for small UAS's.14 CFR 91.7 (a): Civil Aircraft Airworthine ss

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy

condition.

Reason for Exception

It has been determined that similar UAS's do not require an airworthiness certificate, however the

petitioner will ensure airworthiness through the combined use of the manufacture's Operations Manual

and preflight checks.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

This regulation prov ides that no person may operate an aircraft unless a current, approved flight manual

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. W e request an exemption to this

requirement since the aircraft is not only too small to carry documentation; the documentation would

not be available to the crew.

Reason for Exception

The equivalent level of safety will be maintained by keeping the flig ht manual at the ground control

point where the pilot flying the UAS will have immediate access to it. The FSS has issued the following

exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few.

14 CFR 91.103 (b): Preflight Instruction

This regulation requires each pilot in commend to take certain actions before flight to insure the safety

of flight. AS FAA approved rotor craft flight manuals will not be provided for the aircraft an exemption

will be needed. The petitioner will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 CFR 91.109: Flight Instruction

The regulation provides that "No person may oper ate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

Reason for Exception

UAS's and remotely piloted aircraft, by their design so not have fully functional dual controls. Flight

contr ol 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 instructi on in experimental aircraft. See exemption Nos.

5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passenger

will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of

400 feet AGL, we cannot comply with this requirement.

Reason for Exception

The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing

residential areas that may be considered congested areas. That will not always be the ca se whenproviding a 'Property or Site/Survey' flight because they could be conducted over empty lots or acreage with

no structures. In the case of flying over or near existing private property while providing aerial imagery,

property inspections, and p roperty assessments, landowners will be notified in person by the Petitioner,

or by a card left behind by the Petitioner if requested. The Petitioner will review with the landowners of

associated risks to people and property. Due to the small size of the UAS the associated risk to persons,

vessels, vehicles and structures is not comparable to manned aircraft and should be taken into

consideration.

14 CFR 91.121: Altimeter Settings

This section requires that each person operating an aircraft shall mai ntain the cruising altitude or flight level of that

aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL.

Reason for Exception Most UAS do not have a barometric altimeter. If does have a GPS that will calculate altitude.

The Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623, 11664, and

11734.

14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions Fuel requirements for flight in VFR conditi ons: (a)

No person may begin 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.

Reason for Exception The UAS provides a low battery warning to indicate when you should return the UAS to the

launch point. In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" (or "Go

land") action in these situations. The Petitioner will not initiate a flight unless (considering wind and forecast weather

conditions) there is enough power to fly at normal cruising speed to the intended landing point and all flights will be

conducted during daylight hours and at times not to be a nuisance to others.

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows: • No

person may operate a civil aircraft unless it has an a ppropriate and current airworthiness certificate. • 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 19.715 is displayed at the cabin or coc kpit entrance so that it is legible to passengers or

crew.

Reason for Exception To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be

housed at a ground control point where the pilot is flying the UAS for immediate a ccess to the extent they are

applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to this regulation.

14 CFR 91.405 (a): Maintenance Inspections Each owner or operator of an aircraft

- (a) shall have that aircraft

inspecte d 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.

Reason for Exception The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the

manufacturer's recommended preflight checklist and make any repair necessary before flights occur. The Petitioner

will also maintain a log of any maintenance or repairs performed.

14 CFR 91.407 {a) {1): Maintenance Operation after maintenance, preventative maintenance, rebuilding or

alteration: (a) No person may operate any aircraft that has under gone maintenance, preventative maintenance,

rebuilding, or alteration unless (1) it has b een approved for return to service by a person authorized under 43.7 of this

chapter.Reason for Exception The Petitioner who has the responsibility for the operation and safety of the UAS will follow the

manufactures suggested replacement parts.

14 FR 91.409 (a){l) & (2): Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate

an aircraft unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance with

part 43 of this chapt er and has been approved for return to service by a person authorized by 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No

inspection performed under paragraph (b) of this section may be substituted for any inspection required by this

paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an "annual"

inspection in the required maintenance records.

Reason for Exception Th e Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for

safe flight at all times.

14 CFR 91.417 (a) & (b): Maintenance Records Except for work performed in accordance with 91.411 and 91.413

each registered owner o r operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods

specified in paragraph (b) of this section: ( 1) (2) (3)

Reason for Exception The Petitioner will keep a record of all repairs and modifications. The P etitioner also proclaims

to use approved manufactured parts for all repairs and modifications.

14CFR Title 14 Chapter 1 Subchapter D Parts 60 thru 67

- 61.1 to 61.429: Pilot Certification This section pertains to

flight rules, pilot certificate requirement s, manuals, etc.

Reason for Exception The Petitioner believes that these requirements are unnecessary for pilot controlled drone

flights and current FSS proposals have omitted this as a future requirement for small UAS's.

In Conclusion: I, David L. Mat heny, the Petitioner request for exemption from the above mentioned Federal Aviation

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace System in order

to perform the Applications and Operations pertaining to my interests in a safe and controlled environment.

Sincerely,

David L. Matheny

P.O. Box 1528

Siloam Springs, AR 72761

(870) 329

- 1693

davidlmatheny@gmail.com