August 21, 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Petition of Whale Trust Maui for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 to Operate Unmanned Aircraft Systems for 

Aerial Data Collection, Photography, and Videography

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

“Reform Act”) and 14 C.F.R. Part 11, Whale Trust Maui (“Applicant”) hereby applies for an 

exemption from the Federal Aviation Regulations identified below to allow for the commercial 

operation of the unmanned aircraft systems described below for aerial data collection, 

photography, and videography. 

Applicant requests that the FAA review this petition pursuant to its “summary grant” 

process as the FAA has already granted exemptions similar in all material respects to this 

petition. See FAA Grant of Exception Nos. 11062, 11109, 11112, and 11213. The reasons 

stated by the FAA in granting the exemptions listed above also apply to this petition, and the 

grant of this petition is in the public interest.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Applicant requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H; 

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a); 

 14 C.F.R § 61.113; 

 14 C.F.R § 91.7(a); 

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c); 

 14 C.F.R § 91.103; 

 14 C.F.R § 91.109(a); 

 14 C.F.R § 91.119; 
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 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a) & (b)

 14 C.F.R § 91.203 (a) & (b); 

 14 C.F.R § 91.405(a); 

 14 C.F.R § 91.407(a)(l); 

 14 C.F.R § 91.409(a)(2); 

 14 C.F.R § 91.417 (a) & (b).

Applicant intends to operate the DJI Phantom 3, DJI Inspire 1, 3D Robotics Solo, and the 

3D Robotics Iris (together, the “Aircraft”). This petition incorporates the material contained in 

the Manufacturer’s Manuals for the Aircraft (together, the “Manuals”).

1

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the 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 operation of an unmanned aircraft system (“UAS”) where it 

does not create a hazard to users of the national airspace system (“NAS”) or the public or pose a 

threat to national security based on the following considerations:

 The size, weight, speed and operational capability;

 Operation in proximity to airports and populated areas; and 

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator 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), 

44701-44716, 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. 14 C.F.R. § 11.81.

 

1

The DJI Phantom 3 Manuals are publically available at http://www.dji.com/product/phantom-3/download.

 The DJI Inspire 1 Manuals are publically available at http://www.dji.com/product/inspire-1/download.

 The 3D Robotics Solo Manuals are publically available at http://3drobotics.com/kb/solo-user-manual/.

 The 3D Robotics Iris Manuals are publically available http://3drobotics.com/kb/iris/.
August 21, 2015

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III. CONTACT INFORMATION FOR APPLICANT

Applicant’s address and counsel of record are listed below.

Whale Trust Maui, Applicant

P.O. Box 243

Makawao, HI 96768

William D. Janicki, Counsel for Applicant

Schnader Harrison Segal & Lewis LLP

650 California St. 19th Floor

San Francisco, CA 94108

415-364-6729

WJanicki@Schnader.com

IV. DESCRIPTION OF PROPOSED OPERATIONS

Applicant, Whale Trust Maui, is a nonprofit organization dedicated to promoting 

scientific research on whales and the marine environment. Applicant is requesting exemptions 

from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act 

for aerial data collection, photography, and videography for operations over land and over the 

open waters of the ocean. This type of aerial imagery and data collection is typically performed 

by helicopter or fixed wing aircraft. Use of a UAS will greatly reduce safety risks because the 

UAS will not carry flammable fuel or a pilot, and UAS operations can be performed at 

considerable savings and allow for better imagery.

A. Aircraft to be Operated

1. DJI Phantom 3 

Applicant will use the DJI Phantom 3 for its UAS operations. The FAA has already 

approved the Phantom 3 for commercial use in FAA Exemption No. 11696 (FAA Docket No.

FAA-2015-0746). The Phantom 3 is shown in Figure 1 below.

Figure 1– DJI Phantom 3
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2. DJI Inspire 1

Applicant will use the DJI Inspire 1 for its UAS operations. The FAA has already 

approved the Inspire 1 for commercial use in FAA Exemption No. 11679 (FAA Docket No. 

FAA-2015-0706). The DJI Inspire 1 is shown in Figure 2 below.

Figure 2– DJI Inspire 1

3. 3D Robotics Solo

Applicant will use the 3D Robotics Solo for its UAS operations. The FAA has already 

approved the Solo for commercial use in FAA Exemption No. 11309A (FAA Docket No. FAA2014-0964). The 3D Robotics Solo is shown in Figure 3 below.

Figure 3– 3D Robotics Solo
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4. 3D Robotics Iris

Applicant will use the 3D Robotics Iris for its UAS operations. The FAA has already 

approved the Iris for commercial use in FAA Exemption No. 11309A (FAA Docket No. FAA2014-0964). The 3D Robotics Iris is shown in Figure 4 below.

Figure 4– 3D Robotics Iris

B. Applicant’s Proposed Operations Demonstrate an Equivalent Level of 

Safety

1. General Description of Proposed Flight Operations

Applicant proposes to operate within the limitations and performance specifications listed 

in this application and in the Manuals. These limitations provide for at least an equivalent, or 

higher, level of safety for operations under the current regulatory structure because the proposed 

operations are safer than conventional operations using helicopters or fixed wing aircraft which 

carry an operator and flammable fuel. The proposed flight operations are similar in all material 

respects to operations already approved by the FAA and are therefore subject to the FAA’s 

“summary grant” process.

The proposed operations do not create any hazard to users of the NAS or pose a threat to 

national security. The Aircraft are battery operated with a maximum flight time of less than 25

minutes. The Aircraft weigh less than 55 pounds. The Aircraft will be operated at or below 400 

feet AGL within the visual line of sight of the pilot in command. UAS operations will be over 

private or controlled access property with the permission of the owner/controller or authorized 

agent or over the open waters of the ocean.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. 

The proposed UAS carry no fuel, and therefore the risk of fire following an incident or accident 

due to fuel spillage is eliminated. Compared to manned aircraft, the UAS being operated by the 

Applicant reduces the risk to participating persons in close proximity to the aircraft due to the 

limited size, weight, operating conditions, and design safety features. 
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The Applicant’s Aircraft have the capability to operate safely after experiencing certain 

in-flight failures, as specified in the Manuals. The Aircraft are also able to respond to a lost-link 

event with a pre-coordinated, predictable, automated flight maneuver. 

2. Specific Limitations on Proposed Flight Operations

Given the small size involved, the restricted environment within which they will operate, 

the procedures listed below, and pilot certification requirements, Applicant’s proposed 

operations would “not create a hazard to users of the national airspace system or the public or 

pose a threat to national security.” Reform Act Section 333(b)(1). 

1. The Aircraft weigh less than 55 pounds.

2. Each Aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable.

3. Flights will be operated within visual line of sight of the pilot in command (PIC).

4. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC.

5. The PIC will ensure that before each flight, there is enough available power for 

the UAS to conduct the intended operation and to operate after that for at least 

five minutes or with the reserve power recommended by the manufacturer if 

greater.

6. The Aircraft will be operated during daylight and in VFR conditions. 

7. Flights will not exceed 400 feet AGL.

8. Flights will be operated at a lateral distance of at least 500 feet from any persons 

or property not associated with the operation who have not given prior 

permission.

9. Flights will be limited to a groundspeed of 100 mph.

10. Minimum crew for each flight will consist of a PIC and an Observer.

11. The PIC will hold either an airline transport, commercial, private, recreational, or 

sport pilot certificate. The PIC will also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state or the Federal 

Government. The PIC will also meet the flight review requirements specified in 

14 CFR § 61.56.
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12. Prior to the flight, a Mission Plan will be created setting forth the limitations for 

the flight as well as contact information for the PIC.

13. The flight operations will yield the right of way to other manned aircraft 

operations.

14. All persons who are not involved with Applicant’s operations will be required to 

be at least 500 feet from flight operations. 

15. The Aircraft will only operate over private or controlled access property with the 

permission of the owner/controller or authorized representative or over the open 

waters of the ocean. 

16. The Aircraft will not operate within 5 nautical miles of an airport unless a letter of 

agreement is obtained.

17. All required permissions and permits will be obtained from territory, state, county 

or city jurisdictions prior to flight.

18. Prior to commencing operations, Applicant will obtain a Certificate of Waiver or 

Authorization (COA) from the FAA.

19. If the Aircraft loses communications, it will have the capability to return to a predetermined location within the operational area and land. 

20. If the Aircraft loses its GPS signal it will have the capability of being flown

manually to a predetermined location within the operational area and land. 

21. The flight will be aborted in case of unpredicted obstacles or emergencies.

22. UAS operations will be conducted within the parameters of the Manuals.

3. Flight Recovery, Lost Communications, and Lost GPS 

Procedures

The flight recovery, lost communications, and lost GPS procedures are more fully 

documented in the Manuals. (See Footnote 1.)

V. SPECIFIC FAR EXEMPTIONS REQUESTED

Applicant 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. Listed below are (1) the 

specific FAR sections for which exemption is sought, and (2) the operating procedures and 
August 21, 2015

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safeguards that Applicant has established which will ensure a level of safety better than or equal 

to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e). 

A. 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 with this 

petition, and therefore no exemption is needed. See Grant of Exemption No. 11062, Docket No. 

FAA 2014-0352 at 13-14, 22. If the FAA determines that there are some characteristics of the

Aircraft that fail to meet the requirements of the Reform Act, an exemption is requested. 

Equivalent Level of Safety: The Aircraft are safe when taking into account their size, 

weight, speed, and operational capability. They weigh less than 55 pounds and will be flown at 

speeds less than 100 miles per hour, and in visual line of sight of the operator. The Aircraft do

not carry pilots, passengers, explosive materials, or flammable liquid fuels. The Aircraft will be 

operated within the parameters of their respective Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft 

or fixed wing aircraft operating with an airworthiness certificate without the restrictions and 

conditions proposed here.

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

Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the UASs would otherwise require certification under 

Part 27, Applicant 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.

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

Identification Requirements

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.
August 21, 2015

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14 C.F.R. § 45.27(a) states:

Rotorcraft. 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.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.

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 CFR part 45, Subpart C if the markings are “as large as practicable.” See

Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.

Equivalent Level of Safety: Applicant will mark all UASs with their N-Number in a 

prominent spot on the fuselage with markings that are as large as practicable.

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Applicant seeks exemption from 14 CFR § 61.113, which restricts private pilots from 

flying aircraft for compensation or hire and would also require a second class medical certificate. 

The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the 

airspace in which the PIC will be operating, as well as requiring certifications if the pilot is 

carrying passengers or cargo for hire. 

While the UAS will be operated as part of a commercial operation, they carry neither 

passengers nor cargo. In the Grant of Exemption in 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 a class II medical certificate. The FAA has also determined that 

the required knowledge for a commercial pilot covers the same fundamental principles as a 

private pilot. 

The FAA has recently granted exemptions allowing operations by people who hold an 

airline transport, commercial, private, recreational, or sport pilot certificate with a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal 

Government. The PIC must also meet the flight review requirements specified in 14 CFR § 

61.56. See FAA Exemption No. 11374.
August 21, 2015

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Applicant will ensure the PIC will meet the requirements listed in the above paragraph. 

Applicant will also ensure the PIC will have completed the manufacturers’ training guidelines 

outlined in the Manuals. 

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the airmanship 

skills acquired through UAS-specific flight cycles, flight time, and specific make and model 

experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. 

FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by 

requiring the knowledge and experience in the UAS operations described above.

The restrictions Applicant has placed on its UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352 and those 

listed in the FAA’s “summary grant” process.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Applicant 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 to the extent that the requirements of Part 21 are waived or found inapplicable. 

Accordingly Applicant requests that the requirements for Section 91.7 be treated in accordance 

with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft;

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...
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(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.

Applicant does not request an exemption from this section but instead notifies the FAA 

that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS 

flight manual, registration certificate and other documentation will be kept at the control station 

with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this 

alternate method constitutes full compliance with the regulations. See also Grant of Exemption 

No. 11062, pp. 19-20, and Grant of Exemption No. 8607.

G. 14 C.F.R. § 91.103: Preflight Action

Applicant 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. The aircraft will not have a Flight Manual on 

board. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. Under 

these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption 

No. 11062, p. 20. 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 

the Manuals. The PIC will take all required preflight actions - including performing all required 

checklists and reviewing weather, flight requirements, battery charge, landing and takeoff 

distance, aircraft performance data, and contingency landing areas - before initiation of flight. 

The applicable Manuals will be kept at the ground station with the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

Applicant 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 the Ground Control Station (GCS) that communicates with the 

aircraft via radio communications. 

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on

board the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no 

safety hazard. Given the size and speed of the UAS, an equivalent level of safe training can still 

be achieved without dual controls because no pilot or passengers are aboard the aircraft, and all 

persons will be a safe distance away in the event that the aircraft experiences any difficulties 
August 21, 2015

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during flight instruction. In addition, Applicant will conduct flight training at a remote facility 

away from population centers. These training flights will comply with the provisions in the 

Manuals. Accordingly, Applicant’s proposed method of operation provides superior levels of 

safety.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested 

Areas

Applicant requests an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. This petition provides for Applicant’s

operations at least 500 feet from persons and structures not involved in the operations. The FAA 

has already determined that relief from Section 91.119(c) is warranted for UAS operations in 

uncongested areas with similar flight restrictions as those imposed by Applicant. See Grant of 

Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing 

aircraft weighing far more than the maximum weights proposed herein, and given the lack of 

flammable fuel, 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 UAS, as well as the locations where it is operated. In order to avoid any 

risk to aircraft, flight operations will be restricted to 400 feet AGL or below. Other aircraft are 

already prohibited from operating closer than 500 from structures where Applicant proses to 

operate. This is airspace where other aircraft do not normally operate. As set forth in the Manuals 

and herein, the UAS will be operated in the remote sites, away from persons or structures not 

involved in the operation. All persons who are not involved with Applicant’s operations will be 

required to be at least 500 feet from flight operations. This will pose no risk to the public because 

other aircraft are not operating in these areas.

J. 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. The Aircraft proposed here use both barometric 

pressure sensors and GPS to determine altitude but do not have the ability to set in a current 

altimeter setting. An exemption is required to the extent that the Aircraft do not have a 

barometric altimeter setting. The altitude of the UAS is monitored by the PIC on the ground 

control station and by the visual observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-of-sight 

in addition to GPS based altitude information relayed in real time to the operator. See Grant of 
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Exemption No. 11062, p. 20-21. The Aircraft will be operated at or below 400 feet AGL and 

otherwise comply with the limitations in the Grant of Exemption No. 11062. 

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

Applicant 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 the UAS battery power means that no meaningful 

flight operations can be conducted while maintaining a 30 minute reserve. The aircraft are

battery powered with a maximum flight time of less than 25 minutes. The PIC will ensure that 

before each flight, there is enough available power for the UAS to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if 

the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated 

with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21-

22. The FAA’s “summary grant” process provides that the PIC is prohibited from beginning a 

flight unless there is enough available power to conduct the intended operation and to operate 

after that for at least five minutes or with the reserve power recommended by the manufacturer if 

greater. See FAA Exemption No. 11374 (FAA Docket No. 2015-0091 at p. 5). The limitations 

here provide that the PIC will ensure that before each flight, there is enough available power for 

the UAS to conduct the intended operation and to operate after that for at least five minutes or 

with the reserve power recommended by the manufacturer if greater.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections

Applicant seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(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 
August 21, 2015

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prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed 

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

the UAS proposed here 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 Manuals. This includes 

maintenance, overhaul, replacement, and preflight inspection requirements. See Exemption No. 

11062 (FAA Docket No. 2014-0352, at p. 14-15) and Exemption No. 11374 (FAA Docket No. 

2015-0091, at p. 4).

Applicant will follow the Aircraft manufacturer’s maintenance requirements. Flights will 

not be conducted unless a flight operations checklist is performed that includes all of the 

aircraft’s components. 

VI. PUBLIC INTEREST

Granting Applicant’s petition for exemption furthers the public interest. National policy 

set by Congress favors early integration of UAS into the NAS in controlled, safe working 

environments such as proposed in this petition. By granting this petition, the FAA will fulfill 

Congress’s intent of allowing UAS to operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act.

Moreover, use of UAS will promote the efficient use of resources and decrease safetyrelated incidents involving traditional aircraft. The public has an interest in promoting the use 

of UAS and in reducing the hazards and emissions associated with alternate use of helicopters 

and small airplanes to conduct similar operations. 

VII. PRIVACY

All flights will occur over private or controlled access property with the owner’s consent

or over the open waters of the ocean. All flights will be conducted in accordance with any 

federal, state or local laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

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:

Applicant seeks an exemption from the following rules to allow for UAS operations for 

aerial data collection, photography, and videography: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 

27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R 

§ 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 
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14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 

91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will promote the public interest while enhancing safety by reducing risk 

to the operator, the general public, and property owners from the substantial hazards associated 

with performing equivalent operations using conventional aircraft and rotorcraft.

IX. CONCLUSION

Applicant has satisfied the requirements of Section 333 of the Reform Act to permit

operation the Aircraft proposed here. This petition warrants review by the FAA under the 

“summary grant” process for immediate approval as this petition would not set a precedent, and 

any delay in acting on this petition would be detrimental to the Applicant.

If you have any questions or require any additional information, please do not hesitate to 

contact the undersigned counsel for Applicant.

Respectfully submitted,

Schnader Harrison Segal & Lewis LLP

Counsel for Applicant, Whale Trust Maui

By

William D. Janicki

Schnader Harrison Segal & Lewis LLP

650 California St 19th Floor

San Francisco, CA 94108

415-364-6729

wjanicki@Schnader.com