# HAND ARENDALL LLC

. LAWYERS Neil C. Johnston (Sr.) Real Estate, Land Use & Timber Practice Group Direct Dial (25I)694-6247 Direct Fax (25I) 544-1618 njohnston

**~** handarendall.com RSA TOWER • 11 NORTH WATER STREET, SUITE 30200 • MOBILE, ALABAMA 36602 • (251) 432-5511 Post Office Box 123 • Mobile, Alabama 36601 • Facsimile: (251) 694-6375
December4, 2015

1) VIA UPS OVERNIGHT DELIVERY 2) VIA ELECTRONIC SUBMISSION- REGULATIONS.GOV
U.S. DepartmentofTransportation, Docket Operations Attn: Mr. Anthony Foxx SecretaryofTransportation WestBuilding Ground Floor, Room w12-140 1200NewJersey Avenue, SE. Washington, DC 20590-001
Re: REQUEST FOREXPEDITED APPROVAL- [Small Unmanned Aircraft System

- Use ofQuadcopters] THEWESTERVELT COMPANY,INC.

- Petitioner REQUEST AND APPLICATION for Expedited Approval of Exemptions byTheWestervelt Company, Inc. under Section 333- FAA Reform and Modernization Act of2012 and Part 11- Federal Aviation Regulations from 14 C.F.R. § 21, Subpart H; 14 C.F.R. 

### §43.7; 14 C.F.R. § 43.11; 14 C.F.R. § 45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. 

### § 45.25; 14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 47.3(b)(2); 14 C.P.R.§ 61, Subpart E; 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. 

### §91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 91.113(b); 14 C.F.R. 

### § 91.119; 14 C.F.R. 

### § 91.121; 14 C.F.R. 

### § 91.151(a); 14 C.F.R. 

### § 91.203; 14 C.F.R. 

### §91.215; 14 C.F.R. 

### § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. 

### §417(a) and (b).
Dear Mr. Foxx: OnbehalfofThe Westervelt Company, Inc. ("Westervelt"), we submitto you this Request andApplication for Exemptions from certain requirements ofthe FAA Reform and Modernization Actof2012 and Regulations described above and in ourParagraph 5 herein.

MOBILE • BIRMINGHAM • ATI-IENS • FAIRHOPEU.S. Department ofTransportation, Docket Operations December4, 2015 Page2



### a. Request forSummaryReviewandApproval
We also request that you employ FAA's expedited, summary approval process since the UAS, the DJI Phantom 2 Vision+, is a familiar UAS to FAA, this Request and Application for commercial use and aerial data collection does not involve any precedent setting matters that would require publishing a summary ofthis Request and Application for Exemptions inthe Federal Register. 

### b. Similar Operations
In support ofourRequest and Application, we will describe the operations and UAS to be used by Westervelt, the necessity and reasons for exemptions, and the precautions that Westervelt will implement and committo follow. The operations and the UAS, DJI Phantom 2 Vision+, are similarto those ofExemptionNo. 11515 granted to the Atlantic Coast Conservancy on May 11, 2015. 

### 1) TheApplicant

- TheWestervelt Company, Inc. The Westervelt Company, Inc. is a private corporation doing business in Alabama, Florida, Georgia, Mississippi, California, Virginia and South Carolina. Westervelt owns, leases, develops and manages over 500,000 acres oftimberland, real estate and natural resources which include manyparcels ofenvironmentally sensitive forestland, open space, grasslands, wetlands and aquatic habitats, wildlife and endangered species' habitats, and biologically diverse lands in several states. Each land holding requires active management, inspections, monitoring, and documenting inventory and conditions oftimber, natural resources, habitat, wildlife, restricted activities, and changes due to active management, natural events, climatic events, and extraordinary events. Westervelt actively manages theirtimberlands, natural resources and lands utilizing aerial and ground photography, mapping and surveys to monitor conditions ofall assets and boundaries; to enforce compliance and document compliance by Westervelt and Westervelt's employees and contractors, and compliance by adjacent landowners; to inspect surface activities and structures; and to identify, record, and remove exotic and invasive plants (such as Chinese tallow or"popcorntrees", privet, Japanese climbing ferns, cogon grass, kudzu and many others). Thename and address ofthe Applicant is: Physical: The Westervelt Company, Inc. 

### Attn: Ray F. Robbins, III General Counsel, Vice President & 

### Secretary 1400 Jack WarnerParkway, Northeast Tuscaloosa, Alabama 35404 Mailing: The Westervelt Company, Inc. 

### Attn: Ray F. Robbins, III General Counsel, Vice President & Secretary P. 0. Box

### 48999 Tuscaloosa, Alabama 35404U.S. Department ofTransportation, Docket Operations December4, 2015 Page 3

rrobbins@westervelt.com http://www.westervelt.com. rrobbins@westervelt.com http://www.westervelt.com.


### 2) Description ofOperations Westerveltrequests permission to operate a small, unmanned, lightweight and relatively inexpensive aircraft system, the DJI Phantom 2 Vision+ Quadcopter ("Phantom"), 1under controlled conditions in airspace that is remote, limited andpredetermined. This will enable Westervelt to safely and efficiently use the Phantom for aerial data collectionutilizing and taking advantage ofthe evolvingtechnologies and instruments that can be used with and attached to the Phantom, monitor surface conditions and various ecological occurrences ontimber and other lands managed by Westervelt. Westervelt acquires, manages and develops private property as timberland, for manufacturing operations and other commercial operations. Westervelt also manages timberland for other landowners. Westervelt'sprior relationships with government agencies, education institutions, commercial and private landowners, and adjacent landowners to Westervelt's land holdings where the Phantom will be used, will facilitate Westervelt's ability to obtain consent from all landowners and any person who could potentially come within 500 feet ofthe Phantom's operation. Management, surveying, aerial photography, recording inventory, providing surveillance, and boundary line maintenance and monitoring are ongoing commercial operations and processes conducted by Westervelt. Westervelt monitors its properties regularly and keeps documentation (such as reports, updated photographs and maps) ofeach monitoring activity." Westervelt describes and advertises its Management and Environmental Policy as follows: A land resource organization, The Westervelt Company is committed to preserving land for future generations. Our business pursuits meet or exceed environmental, legal, and regulatory requirements, and robustly pursue new practices that embody our sustainability mission. Our timber-management practices include: streamsidemanagement zones to improve water quality, immediate replanting to ensure a sustainable forest, continual forest management, and wildlife enhancement with on-staffbiologists. The Westervelt Company plants millions of trees each year, harvests only in small compartments, and is the only major industrial landowner to be recognized by the Alabama Forestry

1 See DJI

- Phantom 2 Vision+ User Manual, "Exhibit A" attached hereto.U.S. Department ofTransportation, Docket Operations December4, 

### 2015 Page4

Commission for pioneering forest management techniques, wildlife enrichment efforts, and conservation practices. Our manufacturing facilities maintain the highest emissions standards for air and water quality.
We are committed to:

• Minimizing the greenhouse gas emissions from our business operations. • Protecting and enhancing watershed quality on company owned, leased, ormanaged lands and reducing our water usage where possible. • Improving habitat quality wherever we operate. • Managing our renewable resources in a sustainable and environmentally sound manner. • Improving the efficiency ofour energy consumption. • Seeking ways to use renewable energy sources. • Working with our government and regulatory agencies, customers, suppliers, and associates to mutually improve our environment. Our forestry management efforts and the Southern Yellow Pine wood products we manufacture have earned certification to the Forest Stewardship Council® (FSC®) and the Sustainable Forestry Initiative® (SFI®) standards.2
Westervelt is dedicated to land stewardship, preserving land for future generations and providing

### 21st Century solutions and sound scientific applications for the conservation and sustainable uses ofcritical natural resources and vulnerable habitats throughout the Southeast and other locations focusing on innovative applications in land management and conservation, environmental resource enhancement and biological diversity.
Your expedited and summary approval ofWestervelt's Request and Application for the Exemptions stated herein will benefit the public, the environment, and the natural resources by improving the management, monitoring and aerial data collection used by Westervelt for land preservation efforts by adding much needed aerial reconnaissance and photography in real time atreduced risk and reduced costs. The Exemptions will also reduce direct and indirect safety and environmental impacts on each ofWestervelt's properties from "onthe ground" vehicular intrusion and noise, and reduce or eliminate expensive surveying and aerial photography by conventional manned aircraft with the associated and disruptive noise and fuel exhaust air contaminants. The Exemptions will enable Westervelt to perform and provide research and educational data and opportunities, and to better monitor and research climate change and influence oncertainproperties without emitting any carbon footprint.

2 "Westervelt Environmental Policy," available at www.westervelt.com/westervelt-environmental-policy/.U.S. Department ofTransportation, Docket Operations December4, 2015 Page 5

The Exemptions will provide Westervelt an additional and safermethod ofcollecting critical data, and performing land management, inspections, and monitoring ofenvironmentally critical forestlands, wetlands, watersheds, water resources and otherecologically sensitive lands, wildlife and natural resources fulfilling the Secretary ofTransportation's responsibility to"

... establishrequirements for the safe operation ofsuch aircraft systems inthe national airspace system."3 3) The UAS



### a. Description ofUAS Westervelt requests the Exemptions for use ofthe Phantom, a small unmanned aircraft system ("UAS"), for land and conservation management, site inspections, monitoring, conducting necessary aerial data collection including surveying, mapping, and aerial photography. i. FlightTime andWeight The Phantom'smaximum flight time is 25 minutes (usingthe described power and battery). The Phantomweighs less than 55 pounds with energy sources and any other attachment orequipment. ii. FlightRadar The Phantom is equipped with flight radarthat displays the current position ofthe Phantom in relation to the operator. Exceeding the control range ofthe remote control triggers the Phantomto automatically fly back to the original takeoffpoint and land safely. iii. MobileVision The operatormay trackthe current flight and see what the Phantom sees through a mobile device.iv. 

### No Fly Zone The Phantom includes No Fly Zone software to increase flight safety and prevent accidental flights into restricted areas.

v. ManufacturerUpdates The Phantom can connectto computers to receive manufacturer (DJI) firmware and applications, updates, news, alerts, and support.

3 Reform Act Section 333 (c).U. S. Department ofTransportation, Docket Operations December4, 2015 Page6

vi. Remote Control The remote control contains a gimbal control dial, a trainerport, a built-in rechargeable LiPo battery with a capacity of2000mAh, battery level LED indicators, and a throttle locking feature. vii. Anti-static Compass The Phantom has an anti-static compass with a protective shell. Together, these equipment features ensure Westervelt and the UAS will "notcreate a hazard to users ofthe national airspace system or the public."4
viii. Flight LimitationApplication The Phantom has software to prevent the UAS from flying into restricted areas, such as airports. The software creates a five mile safety zone around the restricted area. The operator is notified when the Phantom is 330 feet away from a safety zone. Ifthe Phantom is five miles from an airport, the UAS cannot fly higherthan 400 feet. This height limit decreases as the UAS moves closerto the airport so that when the UAS is 1.5 miles away, the Phantom may not fly higherthan 35 feet. Ifthis occurs, the operatorhas full control ofthe Phantom'smovement, exceptthat the Phantom will automatically descend to the restricted height. The operator is prevented from initiating flight ifthe Phantom is within 1.5 miles from a restricted area. Ifthe operator accidentally flies into a safety zone due to a loss ofGPS signal, the Phantom will land immediately once the signal returns. Ifthis occurs, the operator may control the Phantom, with the exception that the operator cannot make the UAS ascend in altitude. In addition, the Phantom has features that allow the operator to manually setheight limitations and limit how close a Phantom may fly to a safety zone. 

### b. Phantom EquipmentFactory Specijications5
Key Features Stabilization Gimbal 3- axis Camera Stabilization Gimbal Video Downlink Max 700m Wi-Fi Connection Camera 14 Megapixels/1080p Controllable Range -90°

- 0° (Vertical) Ground Station Built into the DJI Vision App Remote Control Newversion (left dial, built-inLiPo battery) 800m (FCC), 5,8 Ghzpreinstalled smartphone holder

4 Reform Act Section 333 (b). 5 Information from www.dji.com/products/compare-phantom. See also DJI

- Phantom 2 Vision+ Specifications "Exhibit B" attached hereto.U.S. Department ofTransportation, Docket Operations December4, 2015 Page 7

Max FlightTime 25 minutes (using the presentbattery power described) 

### Aircraft Weight (Battery & Propellers included) 1284g (approximately 2.8 lbs) Battery 5200mAh LiPo Battery (current battery type) Max Ascent/Descent Speed Ascent: 6 m/s Descent: 2rnls Max Flight Speed 15 m/s Max YawAngularVelocity 200°/s MaxTiltAngle 35° Diagonal Length 350mm 

### Camera Gimbal Pitch Control Range 0°-90° OperatingEnvironmentTemperatures 0°C-40°C Sensor Size 112.3" Effective Pixels 14 Megapixels FOV 110°/85° 

### Remote Control OperatingFrequency 5.728 GHz-5.85 GHz Communication Distance (Open Area) CE:400m FCC: 800m Receiver Sensitivity 

### (1% PER) -93dBm TransmitterPower (EIRP) CE: 25mw FCC: 100mw Working Voltage 120mA@V Battery LiPo Battery 3.7V 2000mAH LeftDial Available Throttle Lock Available TrainerPort Available 

### Ran2e Extender Operating Frequency 2412-2462 MHz Communication Distance (OpenArea) 500-700m TransmitterPower 20dBm Power Consumption 2W 

### 4) Limited and Predetermined Use Westervelt agrees to be boundby the following limitations and conditions when conducting management, aerial data collection, inspection, mapping, surveying, and monitoring operations under an FAA issued exemption: -

### U.S. Department ofTransportation, Docket Operations December4, 2015 Page 8

1. PhantomWeight: The UAS will weigh less than 

### 55 pounds including energy source(s) and equipment. Operations will be limited to the following UAS: DJI Phantom 2 Vision+. [See "Exhibit A" attached hereto.] 2. Limited Flight Speed: The UAS will not be flown ata speed exceeding a ground speed of30 knots. 3. FlightAltitudeLimit: Flights will be operated atan altitude ofno more than 400 feet above ground level. 4. VLOS: The UAS will be operated within the visual line ofsight ("VLOS") of the pilot in command ("PIC") at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses. 5. VO: All operations will use a visual observer ("VO"). The VO may be used to satisfy the VLOS requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. 6. PreflightInspection: Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is re-inspected and found to be in a condition for safe flight. Ifthere is a ground control station, it will be included in the preflight inspection. All maintenance and alterations will be properly documented in the UAS records. 7. FlightFunctionalTest: Any UAS that has undergone maintenance or alterations that affect UAS operations or flight characteristics such as the replacement ofa flight critical component will undergo a flight functional test. The PIC who conducts the flight functional test will make an entry in the UAS aircraft records ofthe flight. 8. ManufacturingRequirements: Westervelt will follow the manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. At a minimum, this will include requirements for the following: actuators, transmission (single rotor), powerplant (motors), propellers, electronic speed controller, batteries, mechanical dynamic components (single rotor), remote command and control, and ground control station (ifused). 9. Operating and FlightPrecautions: (a) The VAS will not be operated directly over any person, except authorized and consentingpersonnel, or below an altitude that is hazardous to persons orproperty on the surface in the event ofa UAS failure oremergency. (b) Regarding the distance from participating persons, those persons must be essential to the management, surveillance and research conservation and environmental monitoring operations and any surveying operations. Because these procedures are specific to participatingpersons, no further Flight Standards District Office ("FSDO") orAviation Safety Inspector approval is necessary for reductions to the distances specified. (c) Regarding the distance from non-participatingpersons, Westervelt will ensure that no persons are allowed within 500 feet ofthe areaexcept those consentingto be involved and necessary for the operations. This provisionU.S. Department ofTransportation, Docket Operations December4, 2015 Page 9

may be reduced to no less than 200 feet ifit would not adversely affect safety andthe Administrator has approved the reduction. (d) Ifthe UAS loses communications or loses the GPS signal, the UAS will return to the original takeoffpoint. (e) The UAS will abortthe flight in the event ofunpredicted obstacles or emergencies. (f) Each UAS operation must be completed within 25 minutes flight time or with 25% battery powerremaining, whichever occurs first. 10. Maintenance: Westervelt will develop procedures to document and maintain a record ofthe UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul componentparts, and the total time in service ofthe UAS. 

### 13. SafetyBulletins: TheUAS will be operated by Westervelt incompliance with all manufacturer Safety Bulletins. 14. Radio Frequency: Before conducting operations, the radio frequency spectrum used for operation and control ofthe UAS will comply with the Federal Communications Commission ("FCC") orother appropriate government oversight agency requirements. 15. Plan ofActivities: At least three days before scheduled use, Westervelt will submit a written Plan ofActivities to the local FSDO withjurisdictionoverthe area ofproposed UAS use. The three-day notification may be waived with the concurrence ofthe FSDO. The Plan ofActivities will include at leastthe following: (a) Date and times for all flights. (b) Name and phone number ofthe operatorofthe UAS underthis grant. (c) Make, model, and serial orFAA issued N-number orregistered number of UAS to be used. (d) Name and age ofthe UAS's PIC involved. (e) Statementthatthe operatorhas obtained permission from property owners and/or local officials. (f) The signature ofexemption-holder orrepresentative. (g) Description ofthe flight activity, including maps and diagrams ofany area, city, town, county and/or state overwhich UAS use will be conducted and the altitudes essential to accomplish the operation. UAS operations will not be conducted during night, as defined in 14 C.F.R. 

### § 1.1. (h) All operations will be conducted under visual meteorological conditions ("VMC"). 16. Documents: The manufacturer's Flight User Manual will be available to the PIC atthe ground control station orground control point ofthe UAS any time the aircraft is operating. 17. RightofWay: The UAS will remain clearofand yieldthe right ofwayto all manned aircraft operations and activities at all times. 18. Operations: (a) The UAS operations will not be conducted at night, as defined in 14 C.F.R. § 1.1. All operations will be conducted under VMC.U. S. Department ofTransportation, Docket Operations December4, 2015 Page 10
(b) The UAS will not be operated bythe PIC from any moving device or vehicle. (c) The UAS will not be operated less than 500 feet beloworless than 2,000 feet horizontally from a cloud orwhen visibility is less thanthree statute miles from the PIC. (d) The UAS will notbe operated in Class B, C, orD airspace. The UAS will not be operated within five nautical miles ofthe geographic center ofa non-towered airport as denoted on current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with Notice to Airmen as required bythe Applicant's COA. The letter ofagreement with the airport management will be made available to the Administrator upon request. 19. Accident Reports: Any incident, action, orflight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA mustbe reported to the FAA's Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board ("NTSB"). Further flight operations will not be conducted until the incident, accident, ortransgression is reviewed bythe AFS-80 and authorizationto resume is provided. 5) Westervelt's Requestfor Exemptions Congress intended the FAA to allow certain operations ofsmall UAS for conservation, forestry, and agricultural purposes, and certain commercial activities through the exemption process, even during the period before the FAA releases newrules applicable to commercial UAS. Dueto the Phantom's small size, light weight (less than 55 pounds), built-in safety features, and the remote, rural, and restricted locations where the Phantom will be operated, Westervelt meets all requirements ofsafe, forest and wildlife UAS operations envisioned by Congress. TheUAS's size, weight, limited range and flight capacity, and restricted use on lands and near structures owned, developed, managed, inspected, and monitored by Westervelt in no way presents a national security issue. The Exemptions requested by Westervelt provide for the equivalent, ifnot a higher, level ofsafety than the current regulatory scheme provides due to the dangers associated with much larger, heavier, and faster conventional manned aircraft.
Inthe alternative, many ofWestervelt's operations meetthe "special purpose operations" descriptions of 14 C.F.R. 

### §21.25(b)(l) Agriculture; (b)(2) Forest and Wildlife Conservation; (b)(3) Aerial Surveys, Photography, and Mapping; and (b)(4) Conservation Lands. Based onthe facts and descriptions we have provided for you onbehalfofWestervelt, we respectfully request that the FAA grantthe following requested exemptions:U.S. Department ofTransportation, Docket Operations December4, 2015 Page 11

14 C.F.R. 

### § 21, Subpart H; 14 C.F.R. 

### § 43.7; 14 C.F.R. 

### § 43.11; 14 C.F.R. 

### § 45.21; 14 C.F.R. 

### §45.23(b); 14 C.F.R. 

### § 45.25; 14 C.F.R. 

### §45.27; 14 C.F.R. 

### §45.29; 14 C.F.R. 

### § 47.3(b)(2); 14 C.F.R. 

### § 61, Subpart E; 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. 

### §91.105; 14 C.F.R. 

### § 91.109; 14 C.F.R. 

### § 91.113(b); 14 C.F.R. 

### § 91.119; 14 C.F.R. 

### § 91.121; 14 C.F.R. 

### § 91.151(a); 14 C.F.R. 

### § 91.203; 14 C.F.R. 

### § 91.215; 14 C.F.R. 

### § 91.405(a) and (d); 14 C.F.R. 

### § 91.407(a)(1); 14 C.F.R. 

### § 91.409(a)(2); 14 C.F.R. 

### §417(a) and (b).



### a. 14 C.F.R. 21, SubpartH:Airworthiness Certificate Westervelt requests an exemption from 14 C.F.R. 21, SubpartH. This Subpart establishes the procedures for the issuance ofan airworthiness certificate. Westervelt requests an exemption from Part 21, Subpart H because the Phantom meets an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act due to its small size, light weight, and remote or rural operatingenvironments. 

### b. 14 C.F.R. 43 i. 43.7: Persons Authorized to Approve Maintenance,Rebuilding, and Operation Westervelt requests an exemption from 14 C.F.R. 43.7. This partprovides thatthe holder ofa mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service. Westervelt operators will conduct inspections and maintenance based on maintenance guidelines provided by DJI, the manufacturer ofthe Phantom. The capabilities ofWestervelt operators to maintain and repairthe UAS will meet the requirements for an equivalent level ofsafety pursuantto Section 333 for this type ofUAS, its intended use, and the remote orrural operating environments. ii. 43.11: Records for Inspections Westervelt requests an exemption from 14 C.F.R. 43.11. Thispart provides that maintenance record entries be maintained, thatthe inspector list discrepancies, and to affix placards to the aircraft. This UAS, due to its small size, does nothave room for placards to be placed in oron it and no inspections for UAS have been certified by FAA at the present time. However, as a condition to the grant ofthe exemption, Westervelt will keep records and log books ofall maintenance and repairs.U.S. Department ofTransportation, Docket Operations December4, 2015 Page 12



### c. 14 C.F.R. 45 

### i. 45.21: General Westervelt requests an exemption from 14 C.F.R. 45.21. This partprovides that except as provided in§ 45.22, no person may operate a U.S. registered aircraft unless that aircraft displays nationality and registration marks in accordance withthe requirements ofthis section and§§ 45.23 through 45.33. As a condition to the grant ofthe exemption, Westervelt will provide the make, model, and serial number ofthe UAS so the registration number ("N" number) canbe assigned and displayed where practicable as addressed in this Request and Application for Exemptions as large as practicable. ii. 

### 45.23 (b): Markingofthe Aircraft Westervelt requests an exemption from 14 C.F.R. 45.23(b). This regulation requires: 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.
Eventhough the UAS will have no airworthiness certificate, Westervelt requests an exemption from this requirement since the 

### Phantom will have no entrance tothe cabin (no cabin), cockpit (no cockpit), orpilot station on which the word "Experimental" or such other required description can be placed. Given the size ofthe UAS, two-inch lettering will be impossible, Westervelt is willing to place the appropriate word on the UAS in compliance with§ 45.29(f). The equivalent level ofsafety will be provided by having the UAS marked asrequired by§ 45.29(f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS or such otherrequired lettering. iii. 

### 45.25: Location ofMarks on Fixed-WingAircraft Westervelt requests an exemption from 14 C.F.R. 45.25. The UAS is a multirotor, quadcopter, model-sized aircraft and is not a fixed-wing aircraft. Therefore, 14 C.F.R. 45.25 by its terms does not apply. 

### iv. 45.27: Location ofMarks: Nonfixed-Wing Aircraft Westervelt requests an exemption from 14 C.F.R. 45.27. This partprovides that each operator ofa rotorcraft must display onthat rotorcrafthorizontally onboth surfaces ofthe cabin,U.S. Department ofTransportation, Docket Operations December4, 2015 Page 13
fuselage, boom, ortail the marks required by§ 45.23. The UAS, due to its small size, does not have a cabin, fuselage, boom ortail to display the marks required by§ 45.23.

v. 45.29: Size ofMarks Westerveltrequests an exemptionfrom 14 C.F.R. 45.29. This part provides at subpart (3) that the registration marks for rotorcraft must be at least 12 inches high. The UAS, due to its small size, does not have any surface area large enough to display marks anywhere near 12 inches high. However, as a condition to the grant ofthe exemption, Westervelt is willingto place an aircraft mark onone ormore ofthe "arms" ofthe UAS. The size ofthe marking will be determined bythe size ofthe "arm" being used and maybe less than one inch in size; however, the registration or "N" numbers will be as large as possible. 

### d. 14 C.F.R. 47.3(b)(2): Registration Required Westerveltrequests an exemption from 14 C.F.R. 47.3(b)(2). Thispartprovides: (b) No person may operate an aircraft that is eligible for registration under49 U.S.C. 44101-44104, unless the aircraft

- 

### (1) Has been registered by its owner; [or] (2) Is carrying aboard the temporary authorization required by§ 47.31(c). As a condition to the grant ofexemptions, Westerveltwill registerthe UAS and provide the make, model and serial number, so that the UAS canbe assigned a registration number ("N" number) provided by FAA and which will be displayed wherepracticable as large as practicable.



### e. 14 C.F.R. 61, SubpartE- Certification: PrivatePilots Westervelt requests an exemption from 14 C.F.R. 61, SubpartE. Section 61, Subpart E describes the requirements for issuance ofprivatepilot certificates and the general operating rules for persons who hold those certificates and ratings. Becausethe UAS will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations byrequiring the PIC operatingthe UAS to have completed a UAS flight training coursebefore flying the UAS. Unlike a conventional manned aircraft that carries the pilot and passengers, the UAS is small in size, weighs less than 55 pounds with payload, is remotely controlled, and has no humans on board. The areaofoperation is controlled and restricted, and all flights areplanned and coordinated in advance. The level ofsafety exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional manned aircraft. Therisks associated with the operation ofthe UAS are much reduced from the level ofrisk associated with conventional manned aircraft operations contemplated by Part 61. Allowing the Exemptions and special purpose operations ofthe UAS as requested by Westervelt with an operatorwho has met

### U.S. Department ofTransportation, Docket Operations December4, 2015 Page 14

the requirements ofsafety and training as stated in the DJI

- Phantom Training Guide6 

### and User Manual,7 

### and has completed the Scheduled DJI Phantom Training Course, exceeds the present level ofsafety prescribed by 14 C.F.R. 

### § 61.113 (a) and (b). 

## f. 14 C.F.R. 91 i. 91.7(a): Civil Aircraft Ainvorthiness Westerveltrequests an exemption from 14 C.F.R. 91.7(a). The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Giventhe small size, light weight, and lownoise level output ofthe UAS, the requirements for maintenance, and the use ofsafety checklists priorto each flight, an equivalent level ofsafety will be provided. ii. 

### 91.9(b)(2): Civil AircraftFlightManual lin the Aircraft],Marking, and Placard Requirements Westervelt requests an exemption from 14 C.F.R. 91.9(b)(2). Section 91.9(b)(2) provides: (b) No personmay operate a U.S. registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by§ 21.5 ofthis 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. The UAS, given its small size and configuration, has no ability orplace to carry such a flight manual onthe aircraft, not only because there is no pilot on board, but because there is no room orcapacity to carry such an item on the UAS. The equivalent level ofsafety will be maintained by keeping the manufacturer's Training Guide and User Manual at the ground control point where the operator flying the UAS will have immediate access to it. iii. 

### 91.9(c): Civil Aircraft Flight Manual, Marking, and Placard Requirements Westervelt requests an exemption from 14 C.F.R. 91.9(c). This part provides:

6 See DJI

- Phantom 2 Vision+ Training Guide, "Exhibit C" attached hereto. 7 See DJI

- Phantom 2 Vision+ User Manual, "Exhibit A" attached hereto.U.S. Department ofTransportation, Docket Operations December4, 2015 Page 15

(c) No person may operate a U.S. registered civil aircraft unless that aircraft is identified in accordance with part 45 ofthis chapter.
The UAS, due to its small size, does not have room to contain a fireproofplacard orto display aircraft marks in a conventional size. However, as a condition to the grant ofthe exemption, Westervelt will affix an aircraft mark to one or more ofthe "arms" ofthe UAS. The size ofthe markingwill be determined bythe size ofthe "arm" being used and may be less than one inch in size, but as large as practicable.
iv. 91.103: PreflightAction Westerveltrequests an exemption from 14 C.F.R. 91.103. This regulation requires eachPIC to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will notbe provided for the UAS, an exemption is needed. The PIC will take all actions following the DJI preflightinspection includingreviewing weather, flight batteryrequirements, landing and takeoffdistances and aircraftperformance databefore initiation offlight.

v. 91.105: Flight Crewmembers atStations Westervelt requests an exemption from 14 C.F.R. 91.105. Westervelt requests an exemptionfrom 14 C.F.R. 91.105 since thispartis not applicable due to the UAS carrying no flight crewmembers. However, to achieve an equivalent level ofsafety, Westervelt will not operatethe aircraft unless the same PIC is at the controls at all times.
vi. 91.109: FlightInstruction; Simulated InstrumentFlight and Certain Tests Westerveltrequests an exemption from 14 C.F.R. 91.109. Section 91.109 provides that no 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. 

### VAS and remotely piloted aircraft, by their design, do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraftviaradio communications. The FAAhas approved exemptions for flight trainingwithout fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety is provided because the 

### VAS will not carrypilots orpassengers, and relevant landowners will have priornotice ofeach flight. vii. 91.113(b): Right-of-Way Rules Westerveltrequests an exemption from 14 C.F.R. 91.113(b) to the extentthat it applies to overhead aircraft operating at orabove 500 feet above ground level as the UAS will be operatingno higherthan 400 feet above ground level. Thispartprovides:U.S. Department ofTransportation, Docket Operations December4, 2015 Page 16
(b) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead ofit unless well clear.
For example, ifanother aircraft is operating overhead at 10,000 feet above ground level, there is no danger posed to that other aircraft ifthe UAS is operatingbeneath 400 feet above ground level. However, as a condition to the approval ofexemption, Westervelt will operate its UAS to see and avoid and give way to other aircraft that should enter airspace at orbelow400 feet above ground level.

vm. 91.119: Minimum Safe Altitudes 

### Westervelt requests an exemption from 14 C.F.R. 

### 91.119. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119(c) prevents flying an aircraft at an altitude ofless than 500 feet oroperating an aircraft closer than 500 feet to any person, vessel, vehicle, or structure. As this exemptionrequests authority to operate at altitudes up to 400 feet, anexemption is needed to allow such operations. As set forth herein, the UAS will never operate at higherthan 400 feet above ground level. Itwill however be operated in a remote area onprivateproperty with the landowner'sconsent. The equivalent level ofsafety will be achieved giventhe size, weight, limited speed of the UAS as well as the remote location where it is operated. No flight will be taken withoutthe permission ofthe landowner orlocal officials. Because ofthe advance notice given to the landowner, all affected individuals will be aware ofthe planned flight. Compared to flight operations with aircraft orrotorcraft weighing far more than the "lessthan 55 pounds" proposed herein and the lack offlammable fuel on the UAS, any risk associated with the UAS operations is far less than those presently presented with conventional aircraft operating at orbelow 500 feet above ground level for environmental monitoring. In addition, the low-altitude operations ofthe UAS will ensure separation betweenthese small-UAS operations and the operations of conventional manned aircraftthat mustcomply with Section 91.119. 

### ix. 91.121: Altimeter Settings Westervelt requests an exemption from 14 C.F.R. 

### 91.121. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set"

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS maynot have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An equivalent level ofsafety will be achieved bythe operator confirming the altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight as well as the operatorreceiving live feedback information about the UAS, including theU.S. Department ofTransportation, Docket Operations December4, 2015 Page 17
height ofthe UAS, its forward velocity, and compass heading. The operatorwill be able to observe and control the maximum height ofthe UAS. Additionally, the UAS will be operated within the line ofsight ofthe PIC.



### x. 91.15l(a): Fuel Requirements for Flight in Visual FlightRules ("VFR") Conditions Westervelt requests an exemption from 14 C.F.R. 91.151(a). Section 91.151(a) prohibits an individual from beginning "aflight in an airplane under visual flight rules conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- (1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." The currentbattery pack powering the UAS provides approximately 25 minutes of powered flight making it impossible to meetthe 30 minute reserve requirement in 14 C.F.R. §91.151. Given the limitations on the UAS'sproposed flight area and the location ofits proposed operations within a predetermined and remote area, a lowerminimum battery power requirement in daylight ornight VFR conditions is reasonable. Westervelt believes that an equivalent level ofsafety canbe achieved by limiting flights to 25 minutes or25 percent of batterypower, whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited and remote operating area. 

### xi. 91.203(a) & (b): CarryingCivil Aircraft Certification and Registration Westervelt requests an exemption from 14 C.F.R. 91.203 

### (a) and (b). The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within itthe 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. The UAS fully loaded weighs less than 55 pounds and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents orto display them onthe UAS. Anequivalent level ofsafety will beachieved by keeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate access to them, to the extent they are applicable to the UAS.U.S. Department ofTransportation, Docket Operations December4, 2015 Page 18

xii. 91.215: ATC Transponder and Altitude Reporting Equipment and Usc Westerveltrequests an exemption from 14 

### C.F.R. 91.215. This section requires that installed Air Traffic Control ("ATC") transponder equipmentmust meet specific performance and environmental requirements, and aircraft must be equipped with an operable codedradar beacon transponder. There are presently no known commercially available ATC transponders that meetthe payloadrequirements ofa small UAS and are available at reasonable cost. However, because the UAS used by Westervelt will not be flying into ornear airports, and will fly no higherthan 400 feet above ground level, there is very lowrisk ofcollision with any manned aircraft. In addition, because there will beno need to have contemporaneous communication with Air Traffic Control, due to the short distances, short flight times, and restricted altitude the UAS will operate within, Westerveltrequests an exemption from this section. Additionally, the UAS is too small to contain ATC transponder equipment in any form that is knownto be available commercially. xiii. 91.405 (a) & (d); 407 (a)(l); 409 (a)(2); 417(a) & (b): Maintenance Inspections Westerveltrequests an exemption from 14 

### C.F.R. 91.405 (a) and (d); 407 (a)(l), 409(a)(2), and 417 (a) and (b). These regulations require that an aircraft operatororowner

"shall have that aircraft inspected as prescribed in subpartE ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...,"andothers shall inspect or maintainthe aircraft in compliance with Part43. Given that these sections and Part43 apply only to aircraft with an airworthiness certificate, these sections will not applyto Westervelt. Maintenance will be accomplished bythe operator pursuantto the manufacturer's Phantom 2 Vision+ UserManual and Phantom Pilot Training Guide. An equivalent level ofsafety will be achieved because these small UAS are very limited in size and will carry a small camera or other data collecting equipment, and operate only in remote and restricted areas for limitedperiods oftime. 

### Ifmechanical issues arise, the UAS canland immediately and will be operating from no higher than 400 feet above ground level. The operatorwill ensure thatthe UAS is in working orderpriorto initiating flight, perform required maintenance, and keep a log ofany maintenanceperformed. Moreover, the operator is the person most familiar with the UAS and best suited to maintain the UAS in an airworthy condition to provide the equivalent level ofsafety.U.S. Department ofTransportation, Docket Operations December4, 2015 Page 19

6) Summary for the Federal Register, IfNecessary
The following summary, ifnecessary, is pn)Vidcd for publication in the Federal Register in accord with 14 C.F.R. Part 11: Westervelt requests exemptions from the following rules:
14 C.F.R. 21, Subpart H; 14 C.F.R. § 43.7; 14 C.F.R. § 43.11; 14 C.F.R. 

### § 45.21; 14 C.F.R. 

### § 45.23(b); 14 C.F.R. 

### § 45.25; 14 C.F.R. 

### § 45.27; 14 C.F.R. 

### § 45.29; 14 C.F.R. 

### § 47.3(b)(2); 14 C.F.R. 

### § 61, Subpart E; 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. 

### § 91.105; 14 C.F.R. 

### § 91.109; 14 C.F.R. 

### § 91.113(b); 14 C.F.R. 

### § 91.119; 14 C.F

.R. 

### § 91.121; 14 C.F.R. 

### § 91.151(a); 14 C.F.R. 

### § 91.203; 14 C.F.R. 

### § 91.215; 14 C.F.R. 

### § 91.405(a) and (d); 14 C.F.R. 

### § 91.407(a)(l); 14 C.F.R. 

### § 91.409(a)(2); 14 C.F.R. 

### §417(a) and (b)

to operate commercially a small unmanned aircraft system (55 pounds or less) to manage, monitor, map, aerially photograph, survey and perform usual inspections by air ofland, timber inventory, forest and road conditions, wildlife and ecologically importantresources, boundary lines, and otherproperty for management, information, compliance and research purposes. Allowing small UAS to be used for commercial land and timbermanagement, environmental stewardship, conservationplanning, research, educational, and monitoring purposes enhances safety by eliminatingrisks associated with conventional surveillance operations, which traditionally use largermanned aircraft and must operate at low altitudes, weigh thousands ofpounds, and carry large amounts offuel. Approval ofthe Exemptions, in contrast, would allow a battery operated small UAS weighing less than 55 pounds and no human passengers to completethe samejobwith virtually no risk. Underthese conditions, the Phantomwill provide an equivalent, ifnot higher, level ofsafety inthe aerial datacollection and environmental surveillance field, which supports the grant ofthis Request and Application for Exemptions. 

### 7) Privacy All flights will occur overprivate orcontrolled access property withthe landowner's prior consent and knowledge. Because overflight areas will be controlled, restricted, remote or rural, there is little chancethatthere will be inhabited houses in the visual area orotherpeople who have not consented to being in close proximity with the Phantom. No attempt will be made to identify any individuals filmed during the flights except in cases where thosepersons are conducting unauthorized activities, are trespassing uponthe Westervelt lands, or are damaging any ofthe land, structures, forests, wildlife or natural resources underthe management responsibility ofWestervelt, or interfering with any ofWestervelt's conservation, management, ormonitoring operations.U.S

.DepartmentofTransportation, Docket Operations December4, 2015 Page 20



### 8) Conclusion

- Request for SummaryReview and Expedited Approval Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012

- size, weight, speed, operating capabilities,proximityto airports andpopulated areas, operation within visual line ofsight, and national security -providemore than adequatejustificationfor the grant ofthe requested Exemptions allowing Westervelt to use the 

### Phantom for and during the aerial datacollection, management, research, and educational operations ofWestervelt. The materials, operations and UAS described are familiar to FAA, will not create or causeprecedent setting issues, and have been addressed byFAA in ehpast. We respectfully request summary and expedited approval.

NCJ:Ihm Exhibits Enclosed: A

. DJI

- Phantom 2 Vision+ User Manual B. DJI

- Phantom 2 Vision+ Specifications C

. DJI

- Phantom 2 Vision+ Training Guide

cc: The Westervelt Company, Inc. Attn: Ray F. Robbins, III, General Counsel 22S2087_1