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 Modernization 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 Auburn University for flight 

instruction.

This exemption is made based on information outlined in this Petition for 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 Manual, 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 proprietary 

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 Freedom of Information 

Act, 5 U.S.C. § 552 et seq., 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 “sterile” 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 FAA, approval of Western 

Helicopter’s exemption would enhance safety and fulfill the Secretary of Transportation’s 

(the FAA Administrator’s) responsibilities to “...establish requirements 
For the safe operation of such aircraft systems in the national airspace 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 establish a UAS Flight Instruction Program. This program 

will introduce students to the elements of UAS operation from a commercial and noncommercial perspective and how these operations must fit into the National Air Space 

System ("NAS"). All UAS training and instruction activities will occur under tightly 

controlled conditions 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 not 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 complete 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 government 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. 
RELEVANT STATUTORY AUTHORITY 

This Petition 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 airspace 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 capability; 

• 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. See 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, et seq.). 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). See 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 

expedited 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 the 3D Robotics Iris Plus quadcopter for the operations 

described in this Petition for Exemption. These UAS has a maximum take-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 an 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, and this system permits the UAS to return to a predetermined location and land 

without injury or damage. 
Approval is Warranted Based on the Operational Restrictions Set Forth in Western 

Helicopter’s Training Syllabus

Together, Western Helicopter’s Training 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 proposed 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 operated 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 

not 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 jurisdictions, 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 

location. 

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 operators 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. 

REGULATIONS FROM WHICH EXEMPTION IS SOUGHT 

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 § 40101 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. See Grant of Exemption to 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. 

Equivalent Level of Safety 

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. 

Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials 

and or flammable liquid fuels, and operate exclusively within the parameters stated in 

Western Helicopter’s Training Syllabus. 

___________

1 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of 

regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716). 

2 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include: The 

reasons why granting the exemption would not adversely affect safety, or how the 
exemption 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 

UAS 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 need 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. See 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 airworthy 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. See 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), 

supra. 

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 Aircraft 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 available in the aircraft a current approved Airplane or Rotorcraft 
Flight 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 operate a civil aircraft unless it has 

within it the following: 

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 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 aircraft 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 from 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.-registered 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 on limited, restricted or light-sport category aircraft or 
experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words "limited,"

restricted," "light-sport, "experimental," or "provisional," as applicable. 

• 14 C.F.R. § 45.27(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 Safety 

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 checklists 

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 landing 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): Flight 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 functioning dual controls." UASs and 
remotely 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 Helicopter’s Training 

Syllabus, all persons will be a safe distance away in the event that the UAS experiences 

any difficulties during flight instruction. 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 Western 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 Syllabus, 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 to 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. See 14 C.F.R. § 91.119(c). Section 

91.119(d) allows 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 

prescribed 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. 

Equivalent Level of Safety 

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 occur. 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 required 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 circumstances 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 flight, a zero altitude initiation point is established for the PIC to 

confirm accuracy of the onboard GPS. See 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 requirements 

of § 191.121 is therefore appropriate. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 
Western Helicopters requests an exemption from 14 C.F.R. § 91.151(a)'s fuel 

requirements for flight in VFR conditions. Section 91.151 states: 

(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. See Grant of Exemption to Astraeus Aerial, 

Docket No. FAA-2014-0352. Western Helicopter's Training Syllabus include a similar 

restriction which requires UAS 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 UAS to the ground control 

station, which will alert the PIC when remaining battery power drops below 30%. 

Consistent with the procedures 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 safely 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. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner 

or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of 

this part and shall between required inspections these regulations is needed because Part 
43 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 required 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 been completed. Western Helicopter's Training 

Syllabus also contains recordkeeping requirements 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 

provided 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 instruction 

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 student 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 from 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 purpose as part of Western Helicopter's Flight Instruction 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 following 
the 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 from 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 appropriate 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 operators are competent and proficient in the 

UAS they are operating. Collectively, these procedures ensure that the proposed UAS 

operations can be conducted safely.

PUBLIC INTEREST 

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 

Reform 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 public 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 in 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 battery 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 

conduct 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 flight 

operations. 

FEDERAL REGISTER SUMMARY

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

in the FEDERAL REGISTER, should it be determined that publication is needed: 

Petitioner seeks an exemption from the following sections 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 other 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 processes 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 Western 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