Kirk	A.	Wester	– Section	333	Exemption	Petition

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U.	S.	Department	of	Transportation	

Docket	Management	System	

1200	New	Jersey	Ave,	SE	

Washington,	DC	20590

January	19,	2016

RE:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	of	2012	and	Part	11	

of	the	Federal	Aviation	Regulations	

Dear	Sir	or	Madam;	

In	accordance	with	the	Public	Guidance	for	Petitions	for	Exemption	filed	under	

Section	333,	I,	Kirk	A.	Wester	request	exemption	from	the	Federal	Aviation	

Regulations	to	allow	for	commercial	operations	of	a	DJI	Phantom	3	Standard,	

Unmanned	Aerial	System	(UAS)	for	purposes	of	aerial	photography	and	

videography;	but	only	so	long	as	such	operations	are	conducted	within	and	under	

the	conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by	

Section	333	or	Section	49	USC	§	44701.	

Applicant:	

Kirk	A.	Wester	

2931	Briarwood	Drive	

Torrance,	CA	90505	

(424)	634-0817	

onetrekkie@gmail.com

Qualifications:	

FAA	Issued	Private	Pilot	Certificate	No.	278643	

-Airplane	Single	Engine	Land		

FAA	Issued	Airframe	&	Powerplant	(AMT)	Certificate	No.	278643

FCC	issued	General	Radiotelephone	Operator	Certificate	No.	PG-11-39936

Experience:	

Certified	Private	Pilot	– 27	Years

Certified	Airframe	&	Powerplant	(AMT)	– 25	years	

FCC	GROL	Avionics	systems	repair		- 25	years
Kirk	A.	Wester	– Section	333	Exemption	Petition

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Attachments:	

1.	DJI	Phantom	3	Standard User	Manual	

2.	DJI	Phantom	3	Standard Quick	Start	Guide	

3.	DJI	Phantom	3	Standard Release	Notes	

4.	DJI	Phantom	3	Safety	Guidelines	Disclaimer	

5.	DJI	Phantom	Pilot	Training	Guide	

6.	Intelligent	Flight	Battery	Safety	Guidelines	

Regulations	from	which	the	exemption	is	requested:	

14	CFR	21,	Subpart	H	

14	CFR	45.23	(b)	

14	CFR	61.113	(a)	&	(b)	&	14	CFR	61.133	(a)	

14	CFR	91.7	(a)	

14	CFR	91.9	(b)	(2)	

14	CFR	91.103	(b)	(2)	

14	CFR	91.109	

14	CFR	91.119	(c)	

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)	(l)	

14	CFR	91.409	(a)	(l)	&	(a)	(2)	

14	CFR	91.417	(a)	&	(b)	

14	CFR	21,	Subpart	H- In	consideration	of	the	size,	weight,	speed,	and	limited	

operating	area	associated	with	this UAS	and	its	operation,	I,	Kirk	A.	Wester request	

relief	from	14	CFR	part	21,	Subpart	H,	and	any	associated	noise	certification	and	

testing	requirements	of	part	36.	The	UAS	will	carry	neither	pilot,	passenger,	

explosive	materials	nor	flammable	liquids.	

14	CFR	45.23	(b)- 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).	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."	
Kirk	A.	Wester	– Section	333	Exemption	Petition

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14	CFR	61.113	(a)	&	(b)	&	14	CFR	61.133	(a)- Since	the	UAS	will	not	carry	a	pilot	

or	passengers	I,	Kirk	A.	Wester request	a	relief	from	these	regulations.	Any	pilot	in	

command	or	(PIC)	operating	the	UAS	will	hold	a	Sport	Pilot	(or	greater)	certificate.	

A	visual	observer	or	(VO)	will	be	utilized	and	required	to	communicate	verbally	at	

all	times.	The	UAS	will	be	limited	to	operations	within	visual	distance	of	both	the	PIC	

and	VO.	All	UAS	operations	will	take	place	in	a	controlled	area.	The	risks	associated	

with	the	use	of	a	UAS	are	far	less	than	similar	commercial	aircraft	operations.

14	CFR	91.7	(a)- Since	the	UAS	will	not	carry	a	pilot	or	passengers	there	will	be	no	

airworthiness	certificate	issued	for	the	aircraft,	should	this	exemption	be	granted,	

no	FAA	regulatory	standard	exists	for	determining	airworthiness.	Given	the	size	of	

the	aircraft,	maintenance,	and	use	of	safety	checklist	prior	to	each	flight,	an	

equivalent	level	of	safety	will	be	provided.	All	flights	will	be	in	accordance	with	the	

safety	and	maintenance	recommendations	found	in	the	DJI	Phantom	3	attachments.	

14	CFR	91.9	(b)	(2)	- Given	the	size	and	configuration,	the	UAS	has	no	ability	to	

carry a	flight	manual	on	the	aircraft.	There	is	no	room,	capacity,	or	pilot	on	board	to	

adequately	carry	a	flight	manual.	An	equivalent	level	of	safety	will	be	maintained	by	

keeping	the	flight	manual	at	the	ground	station	where	

the	UAS	pilot	will	have	immediate	access	to	it.	

14	CFR	91.103	(b)	(2)	- As	no	FAA	approved	flight	manuals	will	be	provided	for	the	

aircraft	an	exemption	is	needed.	Alternate	procedures	including	but	not	limited	to	

reviewing	weather	conditions,	checking	flight	battery	requirements,	checking	

takeoff	and	landing	distances	along	with	those	found	in	the	attached	"DJI	Pilot	

Training"	will	be	implemented.	These	actions	will	provide	an	equivalent	or	higher	

level	of	safety.	

14	CFR	91.109- UAS	and	remotely	piloted	aircraft	do	not	have	fully	functional	dual	

controls.	Flight	control	is	achieved	through	the	use	of	a	control	box	that	

communicates	with	the	aircraft	via	radio	communications.	An	equivalent	level	of	

safety	will	be	achieved	using	the	real	time	ground	station	data	and	given	the	UAS	

will	carry	neither	a	pilot	nor	passengers.	

14	CFR	91.119	(c)	- The	UAS	will	never	be	operated	at	an	altitude	higher	than	400	

feet	AGL.	The	UAS	will	operate	in	safe	areas	away	from	public	and	traffic	and	only	

with	permission	of	the	property	and	structure	owners.	The	UAS	will	also	be	

restricted	by	the	flight	controller	to	a	maximum	vertical	height	of	400	feet	AGL,	and	

1500	feet	horizontal.	Given	the	size,	weight,	maneuverability	and	speed	of	the	UAS,	

an	equivalent	or	higher	level	of	safety	will	be	achieved.	
Kirk	A.	Wester	– Section	333	Exemption	Petition

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14	CFR	91.121- As	the	UAS	may	not	have	a	barometric	altimeter,	but	instead	a	GPS	

barometric	sensor	for	altitude	information	an	exemption	may	be	required.	An	

equivalent	level	of	safety	will	be	achieved	using	a	ground	station	which	links	to	a	

telemetry	data link.	This	will	provide	the	pilot	with	live	flight	data	monitoring,	

confirming	the	altitude	of	the	launch	site	shown	on	the	GPS	altitude	indicator	prior	

to	flight.	

14	CFR	91.151	(a)	- The	UAS	has	a	limited	range	and	will	be	limited	to	operations	

in	a	controlled	environment.	The	battery	power	the	UAS	provides	approximately	23	

minutes	of	flight	time.	The	UAS	is	unable	to	meet	the	30	minute	reserve	requirement	

and	therefore	requires	an	exemption.	An	equivalent	level	of	safety	will	be	achieved	

by	monitoring	the	battery	through	the	ground	station	and	landing	with	a	minimum	

of	30	percent	battery	power	remaining.	

14	CFR	91.203	(a)	&	(b)	- Given	the	size	and	configuration,	the	UAS	has	no	ability	

to	carry	a	flight	manual	on	the	aircraft.	There	is	no	room,	capacity,	or	pilot	on	board	

to	adequately	carry	a	flight	manual.	An	equivalent	level	of	safety	will	be	maintained	

by	keeping	the	flight	manual	at	the	ground	station	where	the	UAS	pilot	will	have	

immediate	access	to	it.

Given	the	following	sections	only	apply	to aircraft	with	an	airworthiness	certificate;	

these	sections	do	not	apply	to	this	applicant.	As	a	safety	precaution,	the	operator	

will	perform	preflight	inspections	and	ensure	UAS	is	in	working	condition	before	

initiating	each	flight:	

14	CFR	91.405	(a)	

14	CFR	91.407	(a)	(1)	

14	CFR	91.409	(a)	(l)	&	(a)	(2)	

14	CFR	91.417	(a)	&	(b)	

Equivalent	Level	of	Safety	

In	addition	to	the	safety	standards	mentioned	above	the	UAS	will	adhere	to	the	

following	additional	guidelines:	

1.	The	UAS	will	not	be	operated	within	5	miles	of	an	airport	unless	prior	contact	to	

Air	Traffic	Control	has	been	established.	

2.	Flights	will	not	exceed	an	airspeed	of	36	mph	(31.3	knots)	

3.	Flights	will	be	operated	at	or	below	an	altitude	never	exceeding	400	feet	AGL.	

4.	The	PIC	and VO	will	communicate	verbally	at	all	times.	

5.	UAS	operations	will	not	be	conducted	during	night.	

6.	All	operations	will	be	conducted	under	visual	meteorological	conditions.	

7.	The	UAS	will	land	with	a	minimum	30	percent	battery	reserve	remaining.	

8.	The	UAS	will	only	be	piloted	within	visual	line	of	sight.	

9.	The	UAS	will	utilize	an	internal	flight	safety	feature	that	will	return	to	a	

preprogrammed	position	and	land	if	communication	with	the	remote	control	is	lost.	
Kirk	A.	Wester	– Section	333	Exemption	Petition

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10.	Preflight	inspections	and	protocol	will	be	followed	prior	to	all	operations.	

11.	The	UAS	will	abort	flight	in	the	event	of	unpredictable	obstacles	or	emergencies.	

Public	Interest	

I,	Kirk	A.	Wester,	believe	the	use	of	a	UAS	in	lieu	of	a	manned	aircraft	would	enhance	

safety	and	reduce	the	environmental	impact	compared	to	similar	operations	

conducted	with	a	manned	aircraft	carrying	a	crew	and	flammable	fuel.	

The	use	of	a	UAS	in	the	real	estate	industry	provides	both	the	buyer	and	seller	with	

a	higher	level	of	marketing	and	service.	The	UAS	is	able	to	provide	a	view	which	

encompasses	the	entire	property	in	a	single	photo	or	short	video	clip.	When	

compared	to	similar	operations,	utilizing	a	UAS	poses	much	less	of	a	safety	concern	

for	the	general	public	with	less	fuel,	time,	noise	and	other	resources.	

Privacy	

All	flights	will	occur	over	private	or	controlled	areas	with	the	owner's	consent.	

Capturing	people	in	images	will	rarely	occur.	If	a	person	is	captured	in	a	collected	

image	they	will	have	consented	prior	to	filming	or	otherwise	have	agreed	to	being	in	

the	area	prior	to	the	filming	taking	place.

Sincerely,	

Kirk	A.	Wester