MULLIKIN SURVEYS

P.O. Box 790, Homer, AK 99603-0790

Ph. & Fax: (907) 235-8975

November 24, 2015

U.S. Department of Transportation 

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 61.113(a) & (b); 91.7(a): 91.103; 91.119(c); 

91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Donald E. 

Mullikin, operator of an Unmanned Aircraft System (UAS), hereby apply, on behalf of 

Mullikin Surveys, for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its UAS, 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.

I would like to formally submit for an exemption from Part 21, subpart H; and Sections 

45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations 

(14 CFR). This proposed exemption would allow the operation of unmanned aircraft 

systems (UAS) for the purpose of aerial videography, photography, and LiDAR structure 

inspections. 

Applicant:

Donald E. Mullikin

Owner

Mullikin Surveys

P.O. Box 790

Homer, AK 99603-0790

mullikin@xyz.net

(907) 235-8975

Commercial operation of an UAS, as described herein, which are equipped with camera 

and sensors, would operate in the following manner:

•Aerial photography and/or video for public and/or private use. We have term contracts 

for land surveying with the State of Alaska Department of Transportation and Public 
Facilities (Northern Region), the Alaska Railroad, and the U.S. Forest Service. We also 

have completed term projects for the University of Alaska, ANTHC, Alaska Mental 

Health Trust, and Alaska Communication Systems. We believe there will be a 

substantial economic benefit to public and private entities from our use of the UAS to 

gather photos, digital data, LiDAR points, and meanders. We have surveyed more than 

30 airports for boundary, design, topography and TIN’s, airspace surveys, obstructions, 

etc. We have filed Notems. Therefore, both federal, state, local, and individuals would 

benefit financially from our use of a UAS.

•Aerial video and/or photography for public and/or private use including public and 

private events.

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited, b) controlled, c) 

predetermined, and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation responsibilities to “. . . 

establish requirements for the safe operation of such aircraft systems in the national 

airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a 

PHANTOM 2 UAS. We will operate a UAS, the DJI Phantom 3 Professional, Model 

W323, which is comprised of an unmanned aircraft (UA or Phantom), an attached 12K 

camera and a transportable ground station. 

The PHANTOM 3 is a quad-copter with a gross weight of 2.8 pounds. It is equipped with 

four rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of 16 m/s. It will be operated over various metropolitan areas, 

primarily around the State of Alaska, to augment real estate listing videos, capture event 

aerial video and photography, and related business operations.

We also intend to use Spreading Wing S1000+ and Inspire 1. Both of these models have 

previously been approved and granted exceptions.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption,

which ensures a level of safety at least equal to existing rules:

• operate UAS below 400 feet and within a radius distance of 1,500 feet from the

controller to aid in direct line of sight visual observation;

• obtain permission from the owner/controller of any vessels, vehicles and structures

when operations may be conducted closer than 500 feet to any such vessels, vehicles or

structures; we will conduct a safety assessment of the risk of operating closer to those

objects and determine that it does not present an undue hazard;

• land UAS prior to the manufacturer’s recommended minimum level of battery power;

• operate UAS during daylight hours only within visual line of sight (VLOS);
• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers

and then slowly lands if communication with the remote control pilot is lost;

• conduct all operations under the flight safety protocols (including posting a warning

sign reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”)

contained in the operating documents and will actively analyze flight data and other

sources of information to constantly update and enhance safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of his

estimated flight time, flight duration, elevation of flight and other pertinent

information; • always obtain all necessary permissions prior to operation; have

procedures in place to abort flights in the event of safety breaches or potential danger;

• only operate in safe environments that are strictly controlled, are away from power

lines, elevated lights, airports and densely populated areas (defined by areas depicted

in “yellow” on VFR charts and through obtaining information regarding congested

areas from the local Flight Standards District Office (FSDO);

• conduct extensive preflight inspections and protocols, during which safety carries

primary importance (reference PHANTOM Flying Flow Chart and User Manual).

Regarding UAS operational training, we have flown numerous practice flights in

remote areas as hobbyists simulating flights for future commercial use to gain

familiarization with the characteristics of the UAS’ performance under different

temperature and weather conditions.

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and §

91.203(a) and (b) (Certifications required), subject to certain conditions and limitations,

is warranted and meets the requirements for an equivalent level of safety under 14 CFR 

part 11 and Section 333 of P.L. 112---95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, 

the two---inch lettering is difficult to place on such a small aircraft with dimensions 

smaller than the minimal lettering requirement. Regardless of this, we can mark the UAS 

in the largest possible lettering by placing the word “Experimental” on its fuselage as 

required by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft 

without an airworthiness certificate, since there is currently no certificate applicable to our 

operation, this regulation is inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and 

(b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will perform a preflight inspection of the 

UAS before each flight as outlined in the attached operating documents.
We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the 

aircraft, however since there are no pilots or passengers on board the aircraft and given its 

size, this regulation is inapplicable. We believe an equivalent level of safety will be 

achieved by maintaining a safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation 

of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain 

conditions. We will not operate our UAS above the altitude of 400 feet above ground level 

(AGL) and will also only operate in safe areas away from the public and traffic, thus 

“providing a level of safety at least equivalent to or below those in relation to minimum 

safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an 

equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the

UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions.

The UAV is 100% electric and two low battery alerts are issued --- per the operating 

documents, the UAV will be landed at the first alert. Also, our flights will last only 23

minutes each, and the UAS has an automated function, which results in immediate landing 

when a low battery is detected. The PIC will not begin a flight unless (considering wind 

and forecast weather conditions) there is enough power to fly to the first point of intended 

landing and, assuming normal cruising speed, land the UA with 30% battery power 

remaining.

We do request an exemption for UAS distance to structure. This would be necessary in 

order to complete photogrammetry and obtain LiDAR data for bridges, dams, towers, and 

wind turbine stacks. Likewise, the distance from the PIC and PO would need to be a lesser 

distance, and, therefore, an exemption is required.

Public Interest

We have surveyed all over Alaska from Point Barrow to Craig to St. Lawrence Island and 

also along the Canadian border. UAS will allow us to obtain information in remote regions 

at a reasonable cost for federal, state, borough, city, and private concerns. It is usually

quite expensive to mobilize a gas helicopter or plane to obtain photogrammetry in many

remote areas of Alaska. We have checklists and safety meetings for each of our survey 

projects. We will do the same for our quadracopter operations. “Walk around” check, 

propeller check, batteries check, weather forecast, flying limitations, possible obstacles, 

e.g., guy wires, power line, and terrain considerations.

We own ground based LiDAR used to create 3-D images and topography. We have used it 

to scan bridges. We also have stitched photographs to create a 3-D image of various 

situations including a 200 ft. high dam. We will be at a significant disadvantage if we 

cannot utilize our UAS to obtain data and develop new and innovative tasks.
Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. 

Summary

We will comply with all of the following conditions and limitations should this 

exemption be provided:

1) Operations will be limited to the following aircraft described in the operating documents, 

which is a quad---rotor aircraft weighing 2.8 pounds: Phantom 3 Pro Unmanned Aircraft 

System; the Inspire 1 and Spreading Wings S1000+ which weighs less than 12 pounds.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 400 feet above ground level 

(AGL), All altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command 

(PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the 

visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to 

communicate verbally at all times. The PIC will be designated before the flight and will not 

transfer his or her designation for the duration of the flight. The PIC will ensure that the VO 

can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made available to 

the Administrator upon request. Any revisions to the operating documents will be presented 

to the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the

UAS will not be operated until the necessary maintenance has been performed and the UAS 

is found to be in a condition for safe flight. The Ground Control Station will be included in 

the preflight inspection. All maintenance and alterations will be properly documented in the 

aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional test 

flight. The PIC who conducts the functional test flight will make an entry in the aircraft 

records.

9) The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

11) We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations will be 

noted in the aircraft records, including total flight hours, description of work accomplished, 

and the signature of the authorized person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.
13) An authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

14) UAS operations will be conducted by a PIC possessing at least a private pilot certificate 

and at least a current third-class medical certificate or a valid U.S. driver’s license. The PIC 

will also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in 

which the PIC is rated on his or her pilot certificate.

15) The PIC will not operate the UAS for the purpose of surveying with photogrammetry, 

LiDAR, inspections, aerial videography/photography and for real estate listing videos and 

public and private events and similar operations, unless the PIC has demonstrated and logged 

in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a 

manner consistent with the operating documents, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

16) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC).

17) The UA will not operate within 5 nautical miles of an airport reference point as denoted 

on a current FAA---published aeronautical chart.

18) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC.

19) If a UA loses communications or loses its GPS signal, it will return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents.

20) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

21) The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough power to fly at normal cruising speed to the intended landing point and land 

the UA with 30% battery power remaining.

22) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice to Air-

--man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation.

23) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

24) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at 

the Ground Control Station of the UAS any time the UAS is operating. These documents will 

be made available to the Administrator or any law enforcement official upon request.

25) The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times.

26) The UAS will not be operated by the PIC from any moving device or vehicle.

27) The UA will not be operated over congested or densely populated areas.
28) Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

a.) Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. We will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or;

b.) The aircraft is operated near vessels, vehicles or structures where the owner/controller 

of such vessels, vehicles or structures has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard, and;

c.) Operations nearer to the PIC, VO, operator trainees or essential persons do not present 

an undue hazard to those persons per § 91.119(a).

29) All operations will be conducted over private or controlled---access property with 

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be 

conducted.

30) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to the 

FAA's UAS Integration Office (AFS---80) within 24 hours. Accidents will be reported to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web 

site: www.ntsb.gov.

We do request any necessary exceptions as have been granted to other UAS exemption 

requests in order to complete our exemption request.

If you have questions or need additional information, please contact me at mullikin@xyz.net

or (907) 235-8975.

Thank you,

Sincerely,

Donald E. Mullikin, P.L.S.

Owner

Mullikin Surveys

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