Page **1** of **19**

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Robert Wessel D /B /A SKYWAYVISIONS LLC FAA ATP Certificate 2250488 11995 Shenandoah Road Middletown, Ca 95461 June 16 , 2015 Re: **Petition for exemption for Civil Commercial**  **Operations of a**  **small U nmanned**  **A ircraft**  **S ystem (UAS)**  **weighing under 55 pounds for low altitude photography and v**  **ide ography missions under the**  **FAA Modernization and**  **Reform Act of 2012 (P.L. 112**
**- 95)**  **Sec, 333**  **. Special Rules for Certain**  **Unmanned Aircraft Systems Name And Address Of The Petitioner**  **:** Robert Wessel D/B/A SKYWAYVISIONS LLC 11995 Shenandoah Road Middletown, Ca 95461 **Table of Contents: 1.**  **Introduction 2.**  **Preface 3.**  **Basis for petition 4.**  **Current and future scope of operations and how this request wou**  **ld benefit**  **the public as a whole.**Page **2** of **19**

**5. 14 CFR Sections from which relief**  **is sought including the reasons and**  **extent relief is requested including**  r **easons wh**  **y the exemption would not adversely affect safety, or how the exemption would provide a level of**  **safety at least equal to the existing rule :**  **14 CFR Part 21, Subpart H 14**  **CFR §45.23 14**  **CFR §45. 3**  **3 §61.23**  **§61.56 §91.7**  **§91.9 §91.103**  **§91.109 §91.121**  **§91.151 §91.203**  **§ 91.405(a),**  **§ 91.407(a)(1),**  **§ 91.409(a)(1) & (a)(2),**  **§ 91.417(a) & (b),**  **6. Request and reasons to exercise exemption in Mexico**  **7. Summary**  **8. Additional information and documents.** 

 2015_3_Inspire_1_User_Manual_v1.2_en.pdf
 2015_4_14_Inspire_1_Release_Notes_en.pdf
 150529_wessel_CA_SOS.pdf
 Sectional Map Segments of local operations area:
 B2.pdf
 B3.pdf
 Attached checklists :  R_Wessel_SKYWAYVISIONS LLC PRE.pdf
 R_Wessel_SKYWAYVISIONS LLC POST.pdfPage **3** of **19**

**1.) Introduction**  Robert Wessel is a naturalized citizen of the United States of America living in Lake County, California and intends to operate a small UAS doing business as SKYWAYVISIONS LLC a business entity name currently reserved with the California Secretary of State. (see attached letter) commencing immediately after granting of the requested privileges of the Sec 333 exemption. Mr. Wessel has over fifty years of flying experience ever since he soloed in 1965 at the age of sixteen. Mr . Wessel currently holds an FAA Airline Pilot Certificate Single and Multiengine with Commercial Glider privileges [ ATP Certificate # 2250488 ]

. Mr. Wessel is a retired Part 135 Air Taxi Charter Pilot with over 6000 hours total flight time and worked as a Certified Flight Instru c tor with an Instrument rating logging over 2500 hours flight instruction given, successfully training pilots from Private Pilot all the way to the Airline Transport Pilot certificate. Mr. Wessel also has over twenty years experience in photography and video production with a BA Degree in Film /TV from Pennsylvania State University. Mr. Wessel is also an active member of The Academy of Model Aeronautics (AMA) and mem ber of the Aircraft Owners and Pilots Association (AOPA).
**2.) Preface** 
The Federal Aviation Act expressly grants the FAA the authority t o issue exem

ptions. This statutory authority

by its term

s includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft mu st have a current airworthiness certificate. The Adm inistrator ma

y grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Adm inistrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Robert Wessel D/B/A SKYWAYVISIONS LLC will utilize and operate a DJI Inspire 1 Model T600 aircraft with two remote controls. The Master remote controller will be used by the Pilot In Command (PIC)/Operator and the slave controller will be used by the Photographer /Videographer controlling the proprietary DJI X3 camera payload allowing the PIC/Operator to have 100% of his attention on safely flying the aircraft while maintain visual line of sight (VLOS)Page **4** of **19**

operations at all times. Although the Photogra pher /Videographer can also act as a Visual Observer (VO) for safety reasons a third person will be used as a VO when mandated by the complexity of certain flying environments and to insure no un

authorized persons/vehicles create distractions or travel un der the flight path during the operation of the UAS. T he UAS will be operated at a maximum altitude of 400 feet AGL in daylight Visual Meteorological Conditions (VMC). A ll Robert Wessel D/B/A SKYWAYVISIONS LLC operational personnel will be responsible for listening and scanning the surrounding airspace for other aircraft or flying birds. and the PIC/Operator will yield right

- of

- way, take emergency evasive action if necessary and/or safely terminate the flight to avoid any conflict with other aircraft or flying birds

. This aircraft has four rotors and four motors in a quadcopter configuration (X4). It is only capable of vertical take

- off and landing. This UAS weighs less than 55 lbs. including payload. Can fly, under normal conditions at a speed of no more than 30 knots and has the capability to hover, and move in the vertical and horizontal plane simultaneously. This UAS is equipped with GPS and a u to
-return function to the predetermined safe landing area as well as allowing reading of magnetic interference that can cause loss of GPS signal. The UAS will operate only in line of sight and will operate only within a closed

- set area of a residential or commercial listing, open desolate areas near rural farms , forests or a closed

- set special event. Such operations will insure that the UAS will “not create a hazard to users of the national airspace system or the public.” (Reform

Act Section 333 (b)). The Federal Aviation Act expressly grants the FAA the authority to issue exem ptions. This statutory authority by its terms includes exem

pting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. **3. )**  **Basis for Petition** Petitioner, Robert Wessel D/B/A SKYWAYVISIONS LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 1 Inspire model T600 , in the National Airspace System (NAS), and for an exemption from the requirements of CFR 14 Sections listed below and in 5.) of the table of contents .Page **5** of **19**

**4.) Current and future scope of operations in the public interest.**  All Robert Wessel D/B/A SKYWAYVISIONS LLC operations will be conducted in the public interest, benefiting Real Estate professionals , and vacation property owners by augmenting Real Estate listings with aerial video

. Another public benefit will be showcasing the beauty and splendor of Lake County, California scenery for county residents and others . Future public benefits will be documenting local forestry/timber pr ojects in cooperation with the South Lake County Fire Safe Council , local Cal Fire and timber management professionals. Video and photography missions would include fire break surveys, identifying tre es with Pine Bark Beetle infestations and other drought based forestry problems , all clearly in the public interest. Additional possible future missions would include aerial surveys for construction projects, tower /solar panel inspections and agricultural land inspections. Adding to the public interest, the inherent design of the DJI Inspire 1 T600 utilizes smart battery technology which will add zero fossil fuel pollution to the atmosphere and preclude the use of expensive manned aircraft flying at potenti ally dangerous low altitudes that would be otherwise be used for some or all of these missions in the past. Another public benefit created by Robert Wessel D/B/A SKYWAYVISIONS LLC will be job creation and income for operational personnel as well as other future employees. Robert Wessel D/B/A SKYWAYVISIONS LLC will normally be conducted in rural non

- congested areas in Class G airspace at a maximum altitude of 400’ AGL in d aylight Visual Metrological Conditions (VMC) only with permission of property owners or those authorized to grant permission for access to the closed area to be filmed. Other operations will be conducted under a current applicable FAA Certificate of Authorization (C O A)

. 5 .) **14 CFR Sections from which relief is sought including**  **the reasons and extent relief**  **is requested including**  r **easons why the exemption would not adversely affect safety, or how the exemption would provide a level of safety**  **at least equal to the existing rule :**  **14 CFR Part 21, Subpart H: Airworthiness Certificates** Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a) (1).Page **6** of **19**

Relief is sought because Section 333 of the Reform Act both authorize s the FAA to exem pt 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 analys is 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 s , carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled area

. Robert Wessel D/B/A SKYWAYVISIONS LLC o perati ons under this exemption will be tightly controlled and monitored

. 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 , l ack of e xplosive materials or flammable liquid fuels, and inability to carry a substantial external load. Given the size and limited operating area associated with the aircraft to be utilized by the Petitioner , an exem ption from

Part 21 Subpart H meets the require me nts 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).
**CFR 14 §45.23**  **Display of marks; general**

. (a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must a lso be a Roman capital letter. (b) 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 m

ust 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. [Doc. No. 8093, Amdt. 45

- 5, 33 FR 450, Jan. 12, 1968, as amended by Amdt. 45

- 9, 42 FR 41102, Aug. 15, 1977; Amdt. 45

- 24, 69 FR 44863, July 27, 2004] R elief is sought from **CFR 14 §45.23** since the UAS will have no entrance to the cabin, cockpit or pilot st ation on which the word "Experimental" can be placed

. Given the size of the UAS, two

- inch lettering will be impossible. Sub

- scale or small UAS, or UAS of a non

- conventional shape such as a multi

-rotor (quad

- copter, octo
- copter, etc.) or ducted fan may not be able to comply with Part 45 or the guidance in AC 45

-2D because of size or space limitations on the aircraft. In these cases, markings may be as large as practicable, or a person may apply to the FAA for an alternati ve m arking procedure. See 14 CFR §§ 45.22(d); 45.29(f). The word "Experimental" will be placed on the fuselagePage **7** of **19**

in com pliance with §45

. 29(f) until a standard registration number can be attained as required under CFR 14 §45 .33

. The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45

. 29(f) where the operator working with the UAS will see the identification of the UAS as
" Experimental" until a standard “N” number is applied for and attained. **§47.33 Aircraft not previously registered anywhere.**  (a) A person who is the owner of an aircraft that has not been registered under 49 U.S.C. 44101

- 44104, under other law of the United States, or under foreign law, may register it under th is part if he

— (1) Complies with §§47.3, 47.7, 47.8, 47.9, 47.11, 47.13, 47.15, and 47.17, as applicable; and (2) Submits with his Aircraft Registration Application, AC Form 8050

- 1, an Aircraft Bill of Sale, AC Form 8050

- 2, signed by the seller, an equiva lent bill of sale, or other evidence of ownership authorized by

§47.11 Tem porary relief is sought until pending procedures as required under §47.33 are com pleted and the **Aircraft Registration** Application, AC Form 8050

- 1 is filed. An equivalent level of safety will be attained in the interim by complying with alternative marking in lieu of the pending “N” number as described in the previous paragraph requesting relief from CFR 14 §45.23. **§61.23 Medical certificates: Requirement and duration.**  (a) Opera tions requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person

— (1) Must hold a first

- class medical certificate: (i) When exercising the pilot

- in

- command privileges of an airline transport pilot certificate; b) Operations not requiring a medical certificate. A person is not required to hold a medical certificate

— (1) When exercising the privileges of a student pilot certificate while seeking

— (i) A sport pilot certificate with glider or balloon privileges; or (ii) A pilot certificate with a glider category rating or balloon class rating;Page **8** of **19**

(2) When exercising the privileges of a sport pilot certificate with privileges in a glider or balloon;

Relief is s ought for §61.23 (a) since piloting a small UAS does not requ ire an Airline Transport Certificate. However for the purposes of §61.23 , the Petitioner meets the requirement of §61.23 (d)(ii) because he holds a glider category rating. The equivalent level of safety is further enhanced because the Petitioner hold s a v alid California Class B Drivers license requiring a medical examine every two years. (drivers license information is available if requested by the Administrator) **§61.56 Flight review**  (a) Except as provided in paragraphs (b) and (f) of this section, a fli ght review consists of a minimum of 1 hour of flight training and 1 hour of ground training. The review must include: (1) A review of the current general operating and flight rules of part 91 of this chapter; and (2) A review of those maneuvers and proce dures that, at the discretion of the person giving the review, are necessary for the pilot to demonstrate the safe exercise of the privileges of the pilot certificate. (b) Glider pilots may substitute a minimum of three instructional flights in a glider, each of which includes a flight to traffic pattern altitude, in lieu of the 1 hour of flight training required in paragraph (a) of this section. (c) Except as provided in paragraphs (d), (e), and (g) of this section, no person may act as pilot in command of an aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as pilot in command, that person has

— (1) Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instr uctor and (2) A logbook endorsed from an authorized instructor who gave the review certifying that the person has satisfactorily completed the review. (d) A person who has, within the period specified in paragraph (c) of this section, passed any of the f ollowing need not accomplish the flight review required by this section: (1) A pilot proficiency check or practical test conducted by an examiner, an approved pilot check airman, or a U.S. Armed Force, for a pilot certificate, rating, or operating privileg e. (2) A practical test conducted by an examiner for the issuance of a flight instructor certificate, an additional rating on a flight instructor certificate, renewal of a flight instructor certificate, or reinstatement of a flight instructor certificate.Page **9** of **19**

(e) A person who has, within the period specified in paragraph (c) of this section, satisfactorily accomplished one or more phases of an FAA

- sponsored pilot proficiency award program need not accomplish the flight review required by this section. (f) A pe rson who holds a flight instructor certificate and who has, within the period specified in paragraph (c) of this section, satisfactorily completed a renewal of a flight instructor certificate under the provisions in §61.197 need not accomplish the one hour of ground training specified in paragraph (a) of this section. (g) A student pilot need not accomplish the flight review required by this section provided the student pilot is undergoing training for a certificate and has a current solo flight endorsement as required under §61.87 of this part. (h) The requirements of this section may be accomplished in combination with the requirements of §61.57 and other applicable recent experience requirements at the discretion of the authorized instructor conducting th e flight review. (i) A flight simulator or flight training device may be used to meet the flight review requirements of this section subject to the following conditions: (1) The flight simulator or flight training device must be used in accordance with an approved course conducted by a training center certificated under part 142 of this chapter. (2) Unless the flight review is undertaken in a flight simulator that is approved for landings, the applicant must meet the takeoff and landing requirements of §61 .57(a) or §61.57(b) of this part. (3) The flight simulator or flight training device used must represent an aircraft or set of aircraft for which the pilot is rated. [Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61

- 103, 62 FR 40898, July 30, 1997; Amdt . 61

- 104, 63 FR 20287, Apr. 23, 1998; Amdt. 61

- 124, 74 FR 42550, Aug. 21, 2009; Amdt. 61

- 131, 78 FR 56828, Sept. 16, 2013] R elief is sought only f

or flight operations involving a sm all UAS operated by Robert Wessel D/B/A SKYWAYVISIONS LLC because a flight review in a conventional aircraft would have no relevance to flying a small UAS from the ground and com pliance would create an undue time and financial burden on Robert Wessel D/B/A SKYWAYVISIONS LLC. An e quivalent level of safety intended by the regulation for pilot training/ proficiency will be accomplished with logged practice time on Blade Nana QX micro

- drones using identical control systems as the DJI Inspire 1 flown inside safely out of the National Airspace System and not subject to F AA regulations . Given the non

- GPS stabilized and extremely sensitive flight properties, the Blade Nano QX is an extremely practical training platform requiring a high of skill to fly

. Other training and proficiency will be accomplished with the DJI Inspire 1 as a model aircraft under hobby/recreational regulations , reviewing DJI provided tutorials, and participating in any appropriate training/instruction offered by DJI Inc. or any other industry qualifiedPage **10** of **19**

organizations. Robert Wessel D/B/A SKYWAYVISIONS LLC personnel will review this docum

ent and any updated general operating and flight rules of FAR Part 91 as intended by the regulation. Robert Wessel D/B/A SKYWAYVISIONS LLC personnel will also review and have on hand, during any flight, current Sectional and Term inal Area Charts as necessary to ensure no incursion into other than Class G airspace unless operating under a valid Certificate of A uthorization (C O A) granting apecific permission to operate in other than Class G airspace. **§91.7 Civil**  **aircraft airworthiness.** (a) No person may operate a civil aircraft unless it is in an airworthy condition. (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

. Relief is sought because t

he DJI Inspire 1 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. The refore, Robert Wessel D/B/A SKYWAYVISIONS LLC will ensure that the aircraft is in airworthy condition based upon its compliance with the Flight Test procedures specified in the DJI Inspire 1 Users Manual as well as the Robert Wessel D/B/A SKYWAYVI SIONS LLC Pre

Flight check list to provide an equivalent level of safety intended by the regulation

. **§91.9 Civil aircraft flight manual, marking, and placard requirements.**  (a) Except as provided in paragraph (d) of this section, no person may operate a civil air craft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country of registry. (b) No person may operate a U.S.

- registered civil aircraft

— (1) For which an Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in §1 21.141(b); and (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 placa rds, or any combination thereof. (c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. (d) Any person taking off or landing a helicopter certificated under part 29 of this chapter at a heliport constructed over water may make such momentary flight as is necessary for takeoff or landing through the prohibited range of the limiting height

- speed envelope established for the helicopter if that flight through the prohibited rang e takes place over water on which a safe ditching can be accomplished and if the helicopter is amphibious or is equipped with floats or other emergency flotation gear adequate to accomplish a safe emergency ditching on open water. Relief is sought because t

he 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 pilotPage **11** of **19**

on board , but because there is no room or capacity to carry such an item on the aircraft

. The equ i valent level of safety will be maintained by keeping the DJI Inspire 1 User M anual and Robert Wessel D/B/A SKYWAYVI SIONS LLC check lists at the ground control point where the operator flying the UAS will have immed i ate access to them

. **§91.103 Preflight**  **action.** Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

— (a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has bee n advised by ATC; (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. Relief is sought because an FAA approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data does not exi st for the DJI Inspire 1 and because runways are not needed for takeoff and landing and all flights will be conducted in Daylight Visual Meteorological Conditions (VMC). An equivalent level of safety will be provided as the operator will take all prudent actions including reviewing weather (wind . temperature and precipitation) , flight battery requirements, landing and takeoff locations , aircraft performance data and accom plishing pre

- flight checklists before initiation of flight. **§91.109 Flight instruction; Simulated instrument flight and certain flight tests.**  (a) 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 . However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throw over control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when

— (1) The instructor has determined that the flight can be conducted safely; and (2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings. (b) An airplane equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a flight review required by §61.56 of this chapter, or to obtain recent flight experience or an instrument proficiency check required by §61.57 when

— (1) The airplane is equipped with operable rudder pedals at both pilot stations; (2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during the entire flight;Page **12** of **19**

(3) The instructor is current and qualified to serv e as pilot in command of the airplane, meets the requirements of §61.195(b), and has logged at least 25 hours of pilot

- in

- command flight time in the make and model of airplane; and (4) The pilot in command and the instructor have determined the flight can be conducted safely. (c) No person may operate a civil aircraft in simulated instrument flight unless

— (1) The other control seat is occupied by a safety pilot who possesses at least a private pilot certificate with category and class ratings appropriate to the aircraft being flown. (2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision of the safety pilot; and (3) Except in the case of lighter

- than

- air aircraft, that aircraft is equipped with fully functioning dual controls. However, simulated instrument flight may be conducted in a single

- engine airplane, equipped with a single, functioning, throw over control wheel, in place of fixed, dual controls of the elevator and ailerons, when

— (i) The safety pilot has determined that the flight can be conducted safely; and (ii) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings. (d) No pers on may operate a civil aircraft that is being used for a flight test for an airline transport pilot certificate or a class or type rating on that certificate, or for a part 121 proficiency flight test, unless the pilot seated at the controls, other than th e pilot being checked, is fully qualified to act as pilot in command of the aircraft. [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91

- 324, 76 FR 54107, Aug. 31, 2011] Relief is sought because UASs 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 a radio data link

. The FAA has approved exemptions for flight training without fully functional dual controls for a num ber 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 aircraf t
. P ilot training and proficiency will be accomplished with practice on Blade Nana QX micro

drones using identical control systems as the DJI Inspire 1 flown inside and therefore safely out of the National Airspace System. Given the non

- GPS stabilized and extremely sensitive flight properties , the Blade Nano is extremely practical training platform .Other training and proficiency will be accomplished with the DJI Inspire 1 or other small UAS flown as a model aircraft under hobby /recreational regulations and parameters as specified under Pubic Law 112

- 95, Title lll , Subtitle B

- Unmanned Aircraft Systems (FAA Modernization and Reform Act of 2012) **SEC. 336** . SPECIAL RULE FOR MODEL AIRCRAFT.

. **§91.121 Altimeter settings.**  (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;Page **13** of **19**

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; or (2) At or above 18,000 feet MSL, to 29.92 ′′ Hg. Relief is sought because the DJI Inspire 1 does not carry a conventional altimeter with the capability to be manually set . An equivalent level of safety intended by the regulation is attained because the DJI Inspire 1 determines altitude with mu ltiple satellite GPS positioning sig nals and an automatic barometric sensor

. **§91.151 Fuel requirements for flight in VFR conditions** 

. (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 f

ly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. Relief is sought because there will be no cross country flights since the first point of intended landing will be the original takeoff zone . An equivalent level of safety intended by the regulation will be achieved by sufficiently charged batteries and the DJI 1 Inspire is equipped with a critical battery level failsafe mo de that will automatically return and land the aircraft before battery power is lost. The PIC will mo nitor the battery levels during the flight. Robert Wessel D/B/A SKYWAYVISIONS LLC standard operations will require the PIC to pre

- set the DJI Pilot App battery level warning to 20% . The PIC will begin terminat ing the flight normally at the 20% battery life warning level and will not rely on the automatic critical battery failsafe mode. **§91.203 Civil aircraft: Certifications required.**  (a) Except as provided in §91.715, no person may operate a civil aircraft unless i t has within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that hasPage **14** of **19**

been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate i ssued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country. (b) No person may operate a ci vil 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. (c) No person may operate an aircraft with a fuel tank installed within the passenger compartment or a baggage compartment unless the installation was accomplished pursuant to part 43 of this chapter, and a copy of FAA Form 337 authorizing that installation is on board the aircraft. (d) No person may operate a civil airplane (domestic or foreign) into or out of an airport in the United States unless it complies with the fuel venting and exhaust emissions requirements of part 34 of this chapter. [Doc. No. 18334, 54 FR 34292 , Aug. 18, 1989, as amended by Amdt. 91

- 218, 55 FR 32861, Aug. 10, 1990; Amdt. 91

- 318, 75 FR 41983, July 20, 2010] Relief is requested because the UAS fully loaded weighs no more than 55 lbs and is operated without an on board pilot. As such , there is no ability or place to carry certification and registration documents or to display them on the UAS. The UAS uses electrical battery power so fuel venting and exhaust emission requirements do not apply. An equivalent level of safety will be achieved by keeping any required documents at the ground control point where the operator flying the UAS will have immediate access to them

. **§91.405 Maintenance required.**  Each owner or operator of an aircraft

— (a) 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; (b) Shall ensure that maintenance personnel make appropriate entries i n the aircraft maintenance records indicating the aircraft has been approved for return to service; (c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by §91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and (d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by §43.11 of this chapter. **§91.407 Operation after maintenance, preven**  **tive maintenance, rebuilding, or alteration.** (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; and (2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has been made.Page **15** of **19**

(b) No person may carry any person (other than crewmembers) in an aircraft that has been maintained, rebuilt, or altered in a manner that may have appreciably changed its flight characteristics or substantially affected its operation in flight until an appropriately rated pilot with at least a private pilot certificate flies the aircraft, makes an operational check of the maint enance performed or alteration made, and logs the flight in the aircraft records. (c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to flight, ground tests, inspection, or both show conclusively that the mai ntenance, preventive maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics or substantially affected the flight operation of the aircraft. (Approved by the Office of Management and Budget under control number 2120

- 00 05) **§91.409 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 chapter 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. (b) Except as provided in paragr aph (c) of this section, no person may operate an aircraft carrying any person (other than a crewmember) for hire, and no person may give flight instruction for hire in an aircraft which that person provides, unless within the preceding 100 hours of time i n service the aircraft has received an annual or 100

- hour inspection and been approved for return to service in accordance with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate in accordance with part 2 1 of this chapter. The 100

- hour limitation may be exceeded by not more than 10 hours while en route to reach a place where the inspection can be done. The excess time used to reach a place where the inspection can be done must be included in computing the next 100 hours of time in service.....
**§91.417 Maintenance records.**  (a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, prop eller, rotor, and appliance of an aircraft. The records must include

—Page **16** of **19**

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and cer tificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The cur

rent inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safe ty directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescrib ed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specifie d in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. (c) The own er or operator shall make all maintenance records required to be kept by this section available for inspection by the Administrator or any authorized representative of the National Transportation Safety Board (NTSB). In addition, the owner or operator shal l present Form 337 described in paragraph (d) of this section for inspection upon request of any law enforcement officer. (d) When a fuel tank is installed within the passenger compartment or a baggage compartment pursuant to part 43 of this chapter, a copy of FAA Form 337 shall be kept on board the modified aircraft by the owner or operator. (Approved by the Office of Management and Budget under control number 2120

- 0005) [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91

- 311, 75 FR 5223, Feb. 1, 2010; Amdt. 91

- 323, 76 FR 39260, July 6, 2011]Page **17** of **19**

Relief is requested from the above **Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b),**  as these sections set forth requirements for maintenance that only apply to aircraft with a Part 43 airworthiness certificate and FAA

- required inspections are not specified for the DJI Inspire 1 UAS. An equivalent level of safety will be achieved because Robe rt Wessel D/B/A SKYWAYVISIONS LLC will never fly the UAS with any inoperative instrument or item of equipment a s specified in the regulation s .In addition, s mall UASs do not carry pilots or passengers and operate only in controlled areas for limited periods of time An equivalent level of safe maintenance intended by the regulation s will be accom plished by the operator pursuant to recommendations provided by DJI Inc. and Robert Wessel D/B/A SKYWAYVISIONS LLC operational procedures and checklists. Any major repairs will be accomplished and documented by qualified maintenance personnel at approved DJI Inc. repair facilities, flight tested before returning to service and note d in Robert Wessel D/B/A SKYWAYVISIONS LLC maintenance records

. 7 .) **Request to exercise exemption in Mexico.**
Robert Wessel D/B/A SKYWAYVISIONS LLC has been contacted by the owner of Vacation Anex ( http://www.VacationAnnex.com ) for a one time mission to augment h is vacation pro p erty listings with small UAS videography in Sayulita, Mexico

.Page **18** of **19**

8 .) **Summary** Given the sm

all size , low speeds of the sm all UAS involved and the closed pre

- planned environm ent within which Robert Wessel D/B/A SKYWAYVISIONS LLC will operate, the Petitioner falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size , low speeds of the sm all UAS involved, lack of any capability to carry dangerous payloads and the restricted areas in which the relevant UAS will operate , approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as am ended; the strong equivalent of safety and enhanced safety described by Robert Wessel D/B/A SKYWAYVISIONS LLC in the Petition for exemption for Civil Commercial Operations of a small Unmanned Aircraft System (UAS) weighing under 55 pounds for low altitude photography and videography missions under the FAA Moderni zation and Reform Act of 2012 (P.L. 112

- 95) Sec, 333. Special Rules for Certain Unmanned Aircraft System s , reduction in environmental impacts, including reduced emissions associated with the use of conventional aircraft flying at potentially dangerous a ltitudes that would otherwise be used for aerial inspections, surveying and photography and videography, the grant of the requested exem

ptions is in the public interest. Accordingly, the Petitioner respectfully requests that the FAA grant the requested privileges of the exem ption without delay. Sincerely,

Robert Wessel D/B/A SKYWAYVISIONS LLC 11995 Shenandoah Road Middletown, Ca. 95461Page **19** of **19**

**8.) Additional information and document**  **attachments .** 

 2015_3_Inspire_1_User_Manual_v1.2_en.pdf
 2015_4_14_Inspire_1_Release_Notes_en.pdf
 150529_wessel_CA_SOS.pdf
 Sectional Map Segments of local operations area:
 B2.pdf
 B3.pdf
 Attached checklists :  R_Wessel_SKYWAYVISIONS LLC PRE.pdf
 R_Wessel_SKYWAYVISIONS LLC POST.pdf