U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 C.F.R Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. 91.203; 14 C.F.R Part 27 Airworthiness Standards: Normal Category Rotorcraft; 14 C.F.R 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.203(a) and (b); 14 C.F.R 91.9(c), 45.23(b) and 45.27(a); 14 C.F.R. 91.103; 14 C.F.R . 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R 91.405(a), 91.407(a) (1), 91.409(a)(1) and (2); 91.417(a) and (b); 14 C.F.R Part 61, 14 C.F.R 61.3, 14 C.F.R.

61.113

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Moder nization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Western Helicopters Inc. hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below, to allow commercial
operation of small unmanned aerial vehicles ( i

. e ., "small unmanned aircraft" or "UAS") as part of Western Helicopters Inc. Flight Instruction Program.

To date, the FAA granted an exemption to UAS operator Aub urn University for flight

instruction

.

This exemption is made based on information outlined in this Petition f or Exemption, as well as the accompanying Western Helicopters Iris + UAS Flight Operations Manual, Western Helicopters 3DR Iris + UAS Aircraft Flight Manual (sometimes referred to collectively as "Western Helicopters Training Syllabus "), 3DR Iris + User Ma nual, and Pilot Training Guide (collectively referred to as "Manufacturer's Manuals"). Western Helicopters submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and p roprietary

information that Western Helicopters has not and will not share with others. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedo m of Information
Act, 5 U.S.C. § 552 e t s e q

. , and any other requirements established by the FAA pursuant

to Section 333 of the Reform Act. Western Helicopter’s requested exemption would permit the operation of small, unmanned UAS under controlled and “ster ile” airspace that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide greater safety in connection with aircraft operations in the flight instruction industry

. As established by the exemption already granted by the FA A, approval of Western Helicopter’s exemption would enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirementsFor the safe operation of such aircraft systems in the national airspa ce system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Western Helicopters Inc.

Patrick McKernan 6741 Gemende Dr. #1, Riverside, CA 92504

310

- 570

- 8477

Description of Purposed Operation

Western Helicopters intends to e stablish a UAS Flight Instruction Program. This program will introduce students to the elements of UAS operation from a commercial and non

commercial perspective and how these operations must fit into the National Air Space System ("NAS"). All UAS trainin g and instruction activities will occur under tight ly

controlled condition s inside a secure facility indoors as well as area separated from the general public outside. All property is owned and controlled by Western Helicopters. Upon completion of Western Helicopter’s Program, students will be provided with a

Certificate of Completion. This "Certificate of Completion" does no t permit the student to engage in commercial UAS activities that are not in accordance with the FARs, but rather, is intended to be an acknowledgement that the student has successfully demonstrated a comp lete understanding of UAS operations from a NAS perspective.

Western Helicopters will serve students, federal, state, and local governments, and the aviation industry as a whole by pioneering UAS academic programs, enhancing relationships with governmen t and industry, strengthening UAS flight operations and training, and collaborating with other academic institutions. This exemption request is an opportunity to not only prepare students for aviation and aerospace careers in the UAS industry, but also to collaborate with the FAA to study and address training and qualification needs specific to the UAS industry. Furthermore, Western Helicopters will coordinate and continuously update its curriculum to take advantage of new guidance and regulations proposed and implemented by the FAA. Western Helicopters is committed to ensuring that its instruction program not only is compliant, but always reflects best practices as UAS integration into the NAS proceeds.R ELEVANT S TATUTORY A UTHORITY

This Petitio n for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the

national air space system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

• The UAS's size, weight, speed and operational ca pability;

• Operation of the UAS in close proximity to airports and populated areas;

and

• Operation of the UAS within the visual line of sight of the operator. Additionally, the FAA Administrator has general authority to grant exemptions from the agency' s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. S ee 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§
44701(a), ( b) and §§ 44702 44716, e t s e q

. ). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal

to the existing rules). S ee 14 C.F.R. § 11.81 (petitions for exemption).

Western Helicopter’s Purposed UAS Operations Meet The Requirements of Section 333 Of

The Reform Act

Western Helicopter’s proposed operations in this Petition for Exemption qualify for

ex pedited approval pursuant to Section 333 of the Reform Act as each of the statutory

criteria and relevant factors are satisfied.

Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

Western Helicopters will employ th e 3D Robotics Iris Plus quadcopter for the operations described in this Petition for Exemption. These UAS has a maximum ta ke

- off weight of

no more than 3 pounds. The flight speed is limited to a maximum of 33.5 miles per hour,

and it will not be flown at a n altitude that exceeds 400 feet AGL. All flights will be flown in such a way that they can be safely terminated with a reserve battery power of 25% of the battery's maximum charge. The 3D Robotics Iris plus does not carry any flammable propellant or fuel. The UAS also has an integrated GPS system that calculates the UAS's position and height and relays that information via a secure connection to the operator. Additionally, the UAS contains a failsafe mode if its connection to the remote control is lost, an d this system permits the UAS to return to a predetermined location and land without injury or damage.Approval is Warranted Based on the Operational Res trictions Set Forth in Western Helicopter’s Training Syllabus

Together

, Western Helicopter’s Trai ning Syllabus and the Manufacturer's Manuals contain all of the procedures and limitations necessary to successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety

assessment of Western Helicopter’s pr oposed operations, below is a summary of operational limitations and conditions, which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS weighs 3 pounds or less.

2. Flights will be opera ted within the visual

- line

- of sight of a pilot and an

observer.

3. Maximum total flight time for each operational flight will be limited to 25% reserve battery power remaining.

4. Flights will be operated at an altitude of no more than 400 feet AGL and will

no t be conducted within navigable controlled airspace without prior written

authorization from the FAA.

5. Flights will be operated at a lateral distance of at least 500 feet from any persons, inhabited structures, vehicles or vessels that are not involved in the inspection unless permission has been received and appropriate waivers have been signed by the persons or property owners in advance.

6. Flights will be limited to a speed of 35 mph and vertical ascent will be limited to 15 mph.

7. The UAS will be operated and maintained in accordance with the requirements of the Manufacturer's Manuals and any manufacturer Safety Bulletins.

8. Prior to the operation, the flights will be fully preplanned and briefed, including possible contingencies and emergency procedures.

9. Western Helicopters will file a Notice to Airman ("NOTAM") with an appropriate air traffic control ("ATC") facility between 72 and 24 hours before the flight.

10. All required permissions and permits will be obtained from territorial, state, county or city ju risdictions, including local law enforcement, fire or other appropriate governmental agencies.

11. If the UAS loses communication with the pilot, it will have the capability to return to the sterile area home launch location or a pre

- determined safe abort

loc ation.

12. Contingency plans will be in place to safely terminate flight if there is a loss of communication between the pilot and the observer.

13. The UAS will have the capability to abort flight in the case of unpredicted obstacles or emergencies.

14. All UAS op erators and observers will have a Class III Medical Certificate.

15. All UAS operations will occur in daylight, Visual Flight Recognition ("VFR") conditions. IFR flights are prohibited and no flights will occur at night, or in

adverse weather conditions.16. The UAS will be controlled by the Futaba 7C 2.4GHz Remote Control System and the radio frequency spectrum used for operation and control of the UA shall comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements.

R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 4 0101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public

interest. 1

Western Helicopters seeks an exemption from several interrelated provisions of 14

C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using UAS. Listed below are: (1) the specific sections of 14 C.F.R. for which exemption is sought, and; (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption
is sought. 2

14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. S ee Grant of Exemption t o Astraeus Aerial, Docket

No. FAA

- 2014

- 0352 at 13

- 14, 22. If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Equival e n t L e v e l of Saf e t y

The UASs selected by Western Helicopters are safe when taking into account their size, weight, speed, and operational capability. The UAS weighs less than 3 pounds and will be flown at less than 33.5 mph and completely outside controlled airspace.

Addit ionally, the UASs carry neither pilots nor passengers, carry no explosive materials and or flammable liquid fuels, and operate exclusively within t he parameters stated in Western Helicopter’s Training Syllabus

.

___________ 1 S ee 49 U.S.C. § 44701(f) (aut horizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

2 S ee 14 C.F.R. § 11.81(e), which requires a petition for exemption to include: The reasons why granting the ex emption would not adversely affect safety, or how theexemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption.

Operations conducted under this exemption will be closely controlled and

monitored by the operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Western Helicopter’s will also provide the FAA with advance notice of all operations via NOTAMS. In all cases, the

U AS operated under the proposed conditions, will be at least as safe as, or safer than

Conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations.

Further, the UAS does not ne ed a means to communicate with other aircraft or ATC, because those capabilities will be possessed by the PIC and Observer, who are not

onboard the UAS. S ee Grant of Exemption, Docket FAA

- 2014

- 0352 at 13. In addition, the UAS will be operated at all times in visual line

- of

- sight and in VFR conditions.

14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

4 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS Petitioner intends to use, Western Helicopters seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in air worthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. S ee Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 13

- 14, 22. Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with Section V(A),

s upra

.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil A ircraft Certification and Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is availab le in the aircraft a current approved Airplane or RotorcraftFlight Manual, approved manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may opera te a civil aircraft unless it has within it the following:

(1) An appropriate and cur rent air worthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special f light authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep

airworthiness documents and other airc raft manuals on board the UAS because there is simply no room. Also the UAS has no cabin or cockpit.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground

control station from which he or she is operating the aircraft. As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved be ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Western Helicopters seeks an exemption f rom the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- register ed civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

• 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed o n limited, restricted or light

- sport category aircraft orexperimental 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. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." FAA Docket No. FAA

- 2014

- 0352.

Equivalent Level of Safety

Western Helicopters will mark all UASs with their N

- Number on the fuselage. The markings will be made as large as practicable.

14 C.F.R. § 91.103: Preflight Action

Western Helicopters seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including

information contained in the FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is required.

Equivalent Level of Safe ty

An equivalent level of safety will be provided by following Western Helicopter's Training Syllabus and the Manufacturer's Manuals. The PIC will perform a series of checklists in accordance with the Petitioner's Aircraft Flight Manual, including chec klists covering Pre

- Flight, Launch, Landing, After Landing, and Shut Down/Secure procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency land ing areas

- before initiation of flight. Western Helicopter’s Training Syllabus and the Manufacturer's Manuals will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

14 C.F.R. § 91.109(a): Flig ht Instruction

Western Helicopter’s seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully funct ioning dual controls." UASs andremotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS that Western Helicopters intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by Western Helicop t er’s Training Syllabus, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instr uction. Moreover, Petitioner will conduct training in a

controlled and sterile environment. As required by Western Helicopter 's Training Syllabus, training and instruction will be conducted in a sterile area on property that is owned and controlled by Wes tern Helicopters. These facilities will not be open to the public during UAS operations, and access will be restricted to authorized Western Helicopters personnel and students enrolled in the UAS course.

As required by Western Helicopter's Training Syll abus, the Flight Training Team will be composed of a PIC, Visual Observer, Student, Instructor, and Flight Examiner. Designated Instructors and Examiners are required to be an FAA licensed airman with at least a private pilot's certificate and have a Class III Medical Certificate. Further, all Instructors and Examiners must have successfully passed a written and/or oral exam covering Western Helicopter's UAS operations per Western Helicopter's Training Syllabus. Instructors and Examiners are also required t o pass a practical exam covering operations of the aircraft being used to perform the proposed operations in this Petition for Exemption. As a whole, the safety procedures provided for in Western Helicopter's Training Syllabus ensure that the proposed UAS operations provide an equivalent or higher level of safety than the flight instruction regulations.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Western Helicopters requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119 . Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person,
vessel, vehicle, or structure in non

- congested areas. S ee 14 C.F.R. § 91.119(c). Section 91.119(d) a llows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically

pr escribed for helicopters by the FAA."

An exemption is required because the proposed UAS operations will need to occur below 400 feet AGL. Further, due to the nature of the proposed operations, the PIC,Observer(s), Instructor and/or Student may at times be less than 500 feet away from the

UAS.

Equival e n t L e v e l of Saf e t y

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UASs, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UASs, as well the controlled and sterile location where the operations will oc cur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below. As set forth in Western Helicopter's Training Syllabus, the UASs will be operated in a restricted area that is owned or controlled by

Western Helicopters. These restrictions will ensure that the proposed UAS operations are performed in a manner that protects the safety of participants, non

- participants, the UAS and other property.

14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is re quired to the extent that the UASs do not have a barometric altimeter, but

rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in c ircumstances where: (1) the UASs will be operated at 400 feet AGL or below, (2) within visual line

- of

- sight, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each f light, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. S ee Grant of Exemption to Astraeus Aerial,

Docket No. FAA

- 2014

- 0352 at 21.

As the attached Western Helicopters Training Syllabus and Manufacturer' s Manuals demonstrate, the UASs Western Helicopters intends to use meet these requirements. Moreover, Western Helicopter’s Aircraft Flight Manual includes GPS compass calibration procedures that must be performed prior to each flight. Like Astraeus

Aerial' s petition for exemption, the UASs Western Helicopters intends to use, and the safety procedures contained in Western Helicopter 's Training Syllabus , both ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirem ents of § 191.121 is therefore appropriate.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR ConditionsWestern Helicopters requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 stat es:

(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; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety can be achieved by requiring that each UAS operation be completed within 30 minutes flight time or with 25% battery
power remaining, whichever occurs first. S ee Grant of Exemption to Astraeus Aerial,

Docket No. FAA

- 2014

- 0352. Western Helico pter 's Training Syllabus include a similar restriction which requires UA S flight operations to be terminated once 25% battery power

reserve is reached.

The UAS that Western Helicopters intends to use has a low battery capacity warning system. Telemetry data is down linked from the UA S to the ground control station, which will alert the PIC when remaining battery power drops below 30%. Consistent with the p rocedures in Western Helicopter 's Training Syllabus, the PIC will promptly fly the UA back to the home launch location or pre

- determined abort location where the UA may safe ly land. Together, the safety procedures required in Western Helicopter 's Training Syllabus, and the design features of the selected UAS, ensure that the proposed operation will provide an equivalent level of safety to that provided by the regulations.

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2) ; 91.417(a) and (b): Maintenance & Inspections

Western Helicopters University seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91 .409(a) (1) & (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in

reference to 14 C.F.R. Part 43. S ee , e

. g ., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspecte d as prescribed in subpart E of this part and shall between required inspections these regulations is needed because Part43 and these sections only apply to aircraft with an airworthiness certificate, which the

UAS Western Helicopters intends to use will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manufacturer's Manuals and any applicable manufacturer Safety Bulletins. Further, as requ ired by Western Helicopter 's Training Syllabus, flights will not be conducted unless a pre

- flight checklist covering all flight critical components of the UAS has bee n completed. Western Helicopter 's Training Syllabus also contains recordkeeping requirem ents for routine, interval and post

- flight maintenance. As a whole, the maintenance and inspection procedures required in Western Helicopter's Training Syllabus ensure that an equivalent or higher level of safety will be

achieved.

14 C.F.R. Part 61, 14 C .F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges And

Limitations

Western Helicopters will require its flight instructors to have a private pilot’s license. However, as set forth in the accompanying Syllabus, flight instruction will also be

pro vided to students who will not have a private pilot’s license. Accordingly, Western Helicopters seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requiring a student receiving UAS pilot ins truction to have a private pilot's certificate. All student instruction flights will be conducted under closely controlled circumstances, outside of navigable airspace and away from persons or property not involved in the instruction. In addition, the stud ent instruction flights will be conducted under the close supervision of a flight instructor

In addition, to the extent that Western Helicopters will be employing persons with a private pilot’s license to operate its UAS, an exemption is also sought fro m 14 C.F.R § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which would also require a second

- class medical certificate. The purpose of this section is to ensure the skill and competency of any PIC where the aircraft is carrying passengers or cargo for hire. In this case, while Instructors or Flight Examiners acting as PIC of the Flight Training Team will be operating UASs for a commercial purpos e as part of Western Helicopter 's Flight Instructi on Program, the UASs carry neither passengers nor cargo. Moreover, in the Astraeus Aerial Grant of Exemption (FAA Docket No. FAA

- 2014

- 0352), the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and

Class II Medical Certificate.

Equivalent Level of Safety

Western Helicopters will ensure and equivalent level of safety to the regulatory requirements of 14 C.F.R. Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by followingthe safety procedures provided in Western Helicopter 's Training Syllabus . These include a minimum of a Class III Medical Certificate for all flight personnel, including students, a demonstration of proficiency through written/oral examination covering all flight operations.

In addition to these training and experience requirements, Western Helicopters has placed additional restrictions on its proposed UAS operations to ensure an extra margin of safety. The UAS will only operate in a controlled and sterile area away from persons and property not involved in the operation. As required in Western Helicopter 's Training Syllabus , the PIC will maintain a 500

- foot buffer fr om non

- participating personnel, as well as buildings, vessels and vehicles that are not part of the UAS operation being

conducted. It will be flown based on VLOS at 400 feet AGL or below. Western Helicopters will also file a NOTAM with the app ropriate ATC facility between 24 and 72 hours before the flight is to occur. Western Helicopter 's Training Syllabus , including its qualification, currency and training requirements for members of Western Helicopter 's Flight Instruction Program, ensure that UAS operator s are competent and proficient in the UAS they are operating. Collectively, these procedures ensure that the proposed UAS operations can be conducted safely

.

P UBLIC I NTEREST

The public interest will be served by granting Western Helicopter's Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the National Airspace System ("NAS") in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, namely; the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the rulemaking required under Section 332 of the

Refo rm Act.

The proposed UAS operations in this Petition for Exemption will benefit students, federal, state, and local governments, and the aviation industry as a whole by pioneering UAS academic programs that focus on the safe integration of UAS into the NAS. This Petition for Exemption offers the FAA and opportunity to collaborate with an established aviation company and flight school that has decades of experience and a solid reputation for excellence throughout all facets of the aviation industry. The p ublic as a whole will benefit from a collaborative relationship between the FAA and Western Helicopters that focuses on the safe promotion of best practices for training and qualification needs specific to the UAS industry.

The proposed UAS operations i n this Petition for Exemption will also improve safety and reduce risk by alleviating the public's exposure to danger associated with student flight training utilizing full size fixed

- wing aircraft and rotorcraft. The UASs

Petitioner intends to use are ba ttery powered and create no emissions. Moreover, in the unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and explode.Any accident involving Petitioner's lightweight UASs will present significantly less danger to the pilot and other individuals on the ground than one involving a full size helicopter.

**PRIVACY**

All Western Helicopter’s UAS operations shall be conducted in accordance with applicable federal, state, or local laws regarding privacy. Western Helicopter’s will not

c onduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner. Moreover, Western Helicopter’s will not capture or use images from neighboring properties within the vicinity of UAS fligh t operations.

FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication

in the F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following sec tions in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2 ); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with performing equivalent flight training with conventional fixed

- wing aircraft, rotorcraft, or ot her methods.

**CONCLUSION**

Western Helicopters Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line

- of

- sight and national security. The proposed UAS operations will benefit the public as a whole by fostering a collaborative relationship between the FAA and Western Helicopters University which focuses on UAS training, qualifications, and proce sses involving the safe and efficient operation of UAS in the NAS.

In consideration of the foregoing, Western Helicopters Petition for Exemption provides the FAA with more than adequate justification for granting of the requested exemptions allowing We stern Helicopters to perform commercial operations as part of Western Helicopters Flight Instruction Program.

Should you have any questions, or if you need additional information to support the requested exemptions, please contact Patrick McKernan at:Patrick McKernan

Phone: 310

- 570

- 8477

Email: Patmckernan7@gmail.com