HAND ARENDALL LLC . LAWYERS 

Neil C. Johnston (Sr.) 

Real Estate, Land Use & Timber Practice Group 

Direct Dial (25 I) 694-6247 

Direct Fax (25 I) 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 

December 4, 2015 

1) VIA UPS OVERNIGHT DELIVERY 

2) VIA ELECTRONIC SUBMISSION- REGULATIONS.GOV 

U.S. Department of Transportation, Docket Operations 

Attn: Mr. Anthony Foxx 

Secretary of Transportation 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE. 

Washington, DC 20590-001 

Re: REQUEST FOR EXPEDITED APPROVAL-

[Small Unmanned Aircraft System - Use of Quadcopters] 

THE WESTERVELT COMPANY, INC. - Petitioner 

REQUEST AND APPLICATION for Expedited Approval of 

Exemptions by The Westervelt Company, Inc. under Section 333-

FAA Reform and Modernization Act of 2012 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: 

On behalf of The Westervelt Company, Inc. ("Westervelt" ), we submit to you this 

Request and Application for Exemptions from certain requirements of the FAA Reform and 

Modernization Act of 2012 and Regulations described above and in our Paragraph 5 herein. 

MOBILE • BIRMINGHAM • ATI-IENS • FAIRHOPE 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page2 

a. Request for Summary Review and Approval 

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 of this Request and Application for Exemptions in the 

Federal Register. 

b. Similar Operations 

In support of our Request 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 commit to follow. The operations and the UAS, DJI Phantom 2 

Vision+, are similar to those of Exemption No. 11515 granted to the Atlantic Coast Conservancy 

on May 11, 2015. 

1) The Applicant - The Westervelt 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 of timberland, real 

estate and natural resources which include many parcels of environmentally 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 of timber, natural resources, 

habitat, wildlife, restricted activities, and changes due to active management, natural events, 

climatic events, and extraordinary events. 

Westervelt actively manages their timberlands, natural resources and lands utilizing aerial 

and ground photography, mapping and surveys to monitor conditions of all 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 "popcorn trees", privet, Japanese climbing ferns, cogon grass, kudzu and many others). 

The name and address of the Applicant is: 

Physical: 

The Westervelt Company, Inc. 

Attn: Ray F. Robbins, III 

General Counsel, Vice 

President & Secretary 

1400 Jack Warner Parkway, 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 3 5404 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 3 

rrobbins@westervelt.com 

http://www. westervelt.com. 

rrobbins@westervelt.com 

http://www. westervelt.com. 

2) Description of Operations 

Westervelt requests permission to operate a small, unmanned, lightweight and relatively 

inexpensive aircraft system, the DJI Phantom 2 Vision+ Quadcopter ("Phantom"), 1 under 

controlled conditions in airspace that is remote, limited and predetermined. This will enable 

Westervelt to safely and efficiently use the Phantom for aerial data collection utilizing and taking 

advantage of the evolving technologies and instruments that can be used with and attached to the 

Phantom, monitor surface conditions and various ecological occurrences on timber 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's prior 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 of the 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) of each 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-staff biologists. 

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 of Transportation, Docket Operations 

December 4, 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, or managed 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 of our 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 Yell ow 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 21 st Century solutions and sound scientific applications for the conservation and 

sustainable uses of critical 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 of Westervelt'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 

at reduced risk and reduced costs. The Exemptions will also reduce direct and indirect safety 

and environmental impacts on each of Westervelt's properties from "on the 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 on certain properties without emitting any carbon footprint. 

2 "Westervelt Environmental Policy," available at www.westervelt.com/westervelt-environmental-policy/. 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 5 

The Exemptions will provide Westervelt an additional and safer method of collecting 

critical data, and performing land management, inspections, and monitoring of environmentally 

critical forestlands, wetlands, watersheds, water resources and other ecologically sensitive lands, 

wildlife and natural resources fulfilling the Secretary of Transportation's responsibility to" ... 

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

system."3 

3) The UAS 

a. Description of UAS 

Westervelt requests the Exemptions for use of the 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. Flight Time and Weight 

The Phantom's maximum flight time is 25 minutes (using the described power and 

battery). The Phantom weighs less than 55 pounds with energy sources and any other 

attachment or equipment. 

ii. Flight Radar 

The Phantom is equipped with flight radar that displays the current position of the 

Phantom in relation to the operator. Exceeding the control range of the remote control triggers 

the Phantom to automatically fly back to the original takeoff point and land safely. 

iii. Mobile Vision 

The operator may track the 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. Manufacturer Updates 

The Phantom can connect to computers to receive manufacturer (DJI) firmware and 

applications, updates, news, alerts, and support. 

3 Reform Act Section 333 (c). 
U. S. Department of Transportation, Docket Operations 

December 4, 2015 

Page6 

vi. Remote Control 

The remote control contains a gimbal control dial, a trainer port, a built-in rechargeable 

LiPo battery with a capacity of 2000mAh, 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 "not create a hazard to users of the 

national airspace system or the public."4 

viii. Flight Limitation Application 

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. If the Phantom is five miles 

from an airport, the UAS cannot fly higher than 400 feet. This height limit decreases as the UAS 

moves closer to the airport so that when the UAS is 1.5 miles away, the Phantom may not fly 

higher than 35 feet. If this occurs, the operator has full control of the Phantom's movement, 

except that the Phantom will automatically descend to the restricted height. The operator is 

prevented from initiating flight if the Phantom is within 1.5 miles from a restricted area. If the 

operator accidentally flies into a safety zone due to a loss of GPS signal, the Phantom will land 

immediately once the signal returns. If this 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 set height limitations and limit how 

close a Phantom may fly to a safety zone. 

b. Phantom Equipment Factory Specijications5 

Key Features 

Stabilization Gimbal 3- axis Camera Stabilization Gimbal 

Video Downlink Max 700m Wi-Fi Connection 

Camera 14 Megapixels/1 080p 

Controllable Range -90° - 0° (Vertical) 

Ground Station Built into the DJI Vision App 

Remote Control New version (left dial, built-in LiPo battery) 

800m (FCC), 5,8 Ghz preinstalled 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 of Transportation, Docket Operations 

December 4, 2015 

Page 7 

Max Flight Time 25 minutes (using the present battery 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 Yaw Angular Velocity 200°/s 

Max Tilt Angle 35° 

Diagonal Length 350mm 

Camera 

Gimbal Pitch Control Range 0°-90° 

Operating Environment Temperatures 0°C-40°C 

Sensor Size 112.3" 

Effective Pixels 14 Megapixels 

FOV 110°/85° 

Remote Control 

Operating Frequency 5.728 GHz-5.85 GHz 

Communication Distance (Open Area) CE:400m 

FCC: 800m 

Receiver Sensitivity (1% PER) -93dBm 

Transmitter Power (EIRP) CE: 25mw 

FCC: 100mw 

Working Voltage 120mA@V 

Battery LiPo Battery 3. 7V 2000mAH 

Left Dial Available 

Throttle Lock Available 

Trainer Port Available 

Ran2e Extender 

Operating Frequency 2412-2462 MHz 

Communication Distance (Open Area) 500-700m 

Transmitter Power 20dBm 

Power Consumption 2W 

4) Limited and Predetermined Use 

Westervelt agrees to be bound by 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 of Transportation, Docket Operations 

December 4, 2015 

Page 8 

1. Phantom Weight: 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 at a speed exceeding a 

ground speed of 30 knots. 

3. Flight Altitude Limit: Flights will be operated at an altitude of no more than 

400 feet above ground level. 

4. VLOS: The UAS will be operated within the visual line of sight ("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 other than 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. Preflight Inspection: 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 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. If there 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. Flight Functional Test: Any UAS that has undergone maintenance or alterations 

that affect UAS operations or flight characteristics such as the replacement of a 

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 

of the flight. 

8. Manufacturing Requirements: 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 (if used). 

9. Operating and Flight Precautions: 

(a) The VAS will not be operated directly over any person, except authorized 

and consenting personnel, or below an altitude that is hazardous to persons 

or property on the surface in the event of a UAS failure or emergency. 

(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 participating persons, no further 

Flight Standards District Office ("FSDO") or Aviation Safety Inspector 

approval is necessary for reductions to the distances specified. 

(c) Regarding the distance from non-participating persons, Westervelt will 

ensure that no persons are allowed within 500 feet of the area except those 

consenting to be involved and necessary for the operations. This provision 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 9 

may be reduced to no less than 200 feet if it would not adversely affect 

safety and the Administrator has approved the reduction. 

(d) If the UAS loses communications or loses the GPS signal, the UAS will 

return to the original takeoff point. 

(e) The UAS will abort the flight in the event ofunpredicted obstacles or 

emergencies. 

(f) Each UAS operation must be completed within 25 minutes flight time or 

with 25% battery power remaining, whichever occurs first. 

10. Maintenance: Westervelt will develop procedures to document and maintain a 

record of the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the UAS. 

13. Safety Bulletins: The UAS will be operated by Westervelt in compliance with 

all manufacturer Safety Bulletins. 

14. Radio Frequency: Before conducting operations, the radio frequency spectrum 

used for operation and control of the UAS will comply with the Federal 

Communications Commission ("FCC") or other appropriate government 

oversight agency requirements. 

15. Plan of Activities: At least three days before scheduled use, Westervelt will 

submit a written Plan of Activities to the local FSDO with jurisdiction over the 

area of proposed UAS use. The three-day notification may be waived with the 

concurrence of the FSDO. The Plan of Activities will include at least the 

following: 

(a) Date and times for all flights. 

(b) Name and phone number of the operator of the UAS under this grant. 

(c) Make, model, and serial or FAA issued N-number or registered number of 

UAS to be used. 

(d) Name and age of the UAS's PIC involved. 

(e) Statement that the operator has obtained permission from property owners 

and/or local officials. 

(f) The signature of exemption-holder or representative. 

(g) Description of the flight activity, including maps and diagrams of any 

area, city, town, county and/or state over which 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 

at the ground control station or ground control point of the UAS any time the 

aircraft is operating. 

17. Right of Way: The UAS will remain clear of and yield the right of way to 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 of Transportation, Docket Operations 

December 4, 2015 

Page 10 

(b) The UAS will not be operated by the PIC from any moving device or 

vehicle. 

(c) The UAS 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 three statute 

miles from the PIC. 

(d) The UAS will not be operated in Class B, C, or D airspace. The UAS will 

not be operated within five nautical miles of the geographic center of a 

non-towered airport as denoted on current FAA-published aeronautical 

chart unless a letter of agreement with that airport's management is 

obtained, and the operation is conducted in accordance with Notice to 

Airmen as required by the Applicant's COA. The letter of agreement with 

the airport management will be made available to the Administrator upon 

request. 

19. Accident Reports: Any incident, action, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined by the applicable 

COA must be 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, or transgression is reviewed by the AFS-80 and authorization to resume 

is provided. 

5) Westervelt's Request for Exemptions 

Congress intended the FAA to allow certain operations of small UAS for conservation, 

forestry, and agricultural purposes, and certain commercial activities through the exemption 

process, even during the period before the FAA releases new rules applicable to commercial 

UAS. Due to 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 of safe, forest and wildlife UAS operations envisioned by 

Congress. 

The UAS'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, if not a higher, level of safety than the current regulatory scheme provides due to the 

dangers associated with much larger, heavier, and faster conventional manned aircraft. 

In the alternative, many of Westervelt's operations meet the "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 on the facts and descriptions we have provided for you on behalf of Westervelt, we 

respectfully request that the FAA grant the following requested exemptions: 
U.S. Department of Transportation, Docket Operations 

December 4, 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, Subpart H: Airworthiness Certificate 

Westervelt requests an exemption from 14 C.F.R. 21, Subpart H. This Subpart 

establishes the procedures for the issuance of an airworthiness certificate. Westervelt requests an 

exemption from Part 21, Subpart H because the Phantom meets an equivalent level of safety 

pursuant to Section 333 of the Reform Act due to its small size, light weight, and remote or rural 

operating environments. 

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 part provides that the 

holder of a 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 of the Phantom. The capabilities of Westervelt operators to maintain 

and repair the UAS will meet the requirements for an equivalent level of safety pursuant to 

Section 333 for this type ofUAS, its intended use, and the remote or rural operating 

environments. 

ii. 43.11: Records for Inspections 

Westervelt requests an exemption from 14 C.F.R. 43.11. This part provides that 

maintenance record entries be maintained, that the inspector list discrepancies, and to affix 

placards to the aircraft. This UAS, due to its small size, does not have room for placards to be 

placed in or on it and no inspections for UAS have been certified by FAA at the present time. 

However, as a condition to the grant of the exemption, Westervelt will keep records and log 

books of all maintenance and repairs. 
U.S. Department of Transportation, Docket Operations 

December 4, 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 part provides 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 with the requirements of this 

section and§§ 45.23 through 45.33. As a condition to the grant of the exemption, Westervelt 

will provide the make, model, and serial number of the UAS so the registration number ("N" 

number) can be assigned and displayed where practicable as addressed in this Request and 

Application for Exemptions as large as practicable. 

ii. 45.23 (b): Marking of the 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. 

Even though the UAS will have no airworthiness certificate, Westervelt requests an 

exemption from this requirement since the Phantom will have no entrance to the cabin (no 

cabin), cockpit (no cockpit), or pilot station on which the word "Experimental" or such other 

required description can be placed. Given the size of the 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 of safety will be provided by having the UAS marked as required 

by§ 45.29(f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS or such other required lettering. 

iii. 45.25: Location of Marks on Fixed-Wing Aircraft 

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 of Marks: Nonfixed-Wing Aircraft 

Westervelt requests an exemption from 14 C.F.R. 45.27. This part provides that each 

operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 13 

fuselage, boom, or tail the marks required by§ 45.23. The UAS, due to its small size, does not 

have a cabin, fuselage, boom or tail to display the marks required by§ 45.23. 

v. 45.29: Size of Marks 

Westervelt requests an exemption from 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 of the exemption, Westervelt is willing to 

place an aircraft mark on one or more of the "arms" of the UAS. The size of the marking will be 

determined by the size of the "arm" being used and may be 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 

Westervelt requests an exemption from 14 C.F.R. 47.3(b)(2). This part provides: 

(b) No person may operate an aircraft that is eligible for 

registration under 49 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 of exemptions, Westervelt will register the UAS and provide 

the make, model and serial number, so that the UAS can be assigned a registration number ("N" 

number) provided by FAA and which will be displayed where practicable as large as practicable. 

e. 14 C.F.R. 61, Subpart E- Certification: Private Pilots 

Westervelt requests an exemption from 14 C.F.R. 61, Subpart E. Section 61, Subpart 

E describes the requirements for issuance of private pilot certificates and the general operating 

rules for persons who hold those certificates and ratings. Because the UAS will not carry a pilot 

or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the UAS to have completed a UAS flight training 

course before 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 area of operation is controlled and restricted, and all flights are planned 

and coordinated in advance. The level of safety exceeds that provided by a single individual 

holding a commercial pilot's certificate operating a conventional manned aircraft. The risks 

associated with the operation of the UAS are much reduced from the level of risk associated with 

conventional manned aircraft operations contemplated by Part 61. Allowing the Exemptions and 

special purpose operations of the UAS as requested by Westervelt with an operator who has met 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 14 

the requirements of safety 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 of safety prescribed by 14 C.F.R. § 61.113 (a) and (b). 

f. 14 C.F.R. 91 

i. 91.7(a): Civil Aircraft Ainvorthiness 

Westervelt requests 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. Given the small 

size, light weight, and low noise level output of the UAS, the requirements for maintenance, and 

the use of safety checklists prior to each flight, an equivalent level of safety will be provided. 

ii. 91.9(b)(2): Civil Aircraft Flight Manual 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 person may operate a U.S. registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual 

is not 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. 

The UAS, given its small size and configuration, has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the UAS. 

The equivalent level of safety 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 of Transportation, Docket Operations 

December 4, 2015 

Page 15 

(c) No person may operate a U.S. registered civil aircraft 

unless that aircraft is identified in accordance with part 45 

of this chapter. 

The UAS, due to its small size, does not have room to contain a fireproof placard or to 

display aircraft marks in a conventional size. However, as a condition to the grant of the 

exemption, Westervelt will affix an aircraft mark to one or more of the "arms" of the UAS. The 

size of the marking will be determined by the size of the "arm" being used and may be less than 

one inch in size, but as large as practicable. 

iv. 91.103: Preflight Action 

Westervelt requests an exemption from 14 C.F.R. 91.103. This regulation requires 

each PIC to take certain actions before flight to insure the safety of flight. As FAA approved 

rotorcraft flight manuals will not be provided for the UAS, an exemption is needed. The PIC 

will take all actions following the DJI preflight inspection including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. 

v. 91.105: Flight Crewmembers at Stations 

Westervelt requests an exemption from 14 C.F.R. 91.105. Westervelt requests an 

exemption from 14 C.F.R. 91.105 since this part is not applicable due to the UAS carrying no 

flight crewmembers. However, to achieve an equivalent level of safety, Westervelt will not 

operate the aircraft unless the same PIC is at the controls at all times. 

vi. 91.109: Flight Instruction; Simulated Instrument Flight and Certain 

Tests 

Westervelt requests 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 of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. The 

equivalent level of safety is provided because the VAS will not carry pilots or passengers, and 

relevant landowners will have prior notice of each flight. 

vii. 91.113(b): Right-of-Way Rules 

Westervelt requests an exemption from 14 C.F.R. 91.113(b) to the extent that it 

applies to overhead aircraft operating at or above 500 feet above ground level as the UAS will be 

operating no higher than 400 feet above ground level. This part provides: 
U.S. Department of Transportation, Docket Operations 

December 4, 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 of it unless 

well clear. 

For example, if another aircraft is operating overhead at 10,000 feet above ground level, 

there is no danger posed to that other aircraft if the UAS is operating beneath 400 feet above 

ground level. However, as a condition to the approval of exemption, Westervelt will operate its 

UAS to see and avoid and give way to other aircraft that should enter airspace at or below 400 

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 of civil aircraft. Section 91.119( c) prevents flying an aircraft at an 

altitude of less than 500 feet or operating an aircraft closer than 500 feet to any person, vessel, 

vehicle, or structure. As this exemption requests authority to operate at altitudes up to 400 feet, 

an exemption is needed to allow such operations. As set forth herein, the UAS will never 

operate at higher than 400 feet above ground level. It will however be operated in a remote area 

on private property with the landowner's consent. 

The equivalent level of safety will be achieved given the size, weight, limited speed of 

the UAS as well as the remote location where it is operated. No flight will be taken without the 

permission of the landowner or local officials. Because of the advance notice given to the 

landowner, all affected individuals will be aware of the planned flight. Compared to flight 

operations with aircraft or rotorcraft weighing far more than the "less than 55 pounds" proposed 

herein and the lack of flammable fuel on the UAS, any risk associated with the UAS operations 

is far less than those presently presented with conventional aircraft operating at or below 500 feet 

above ground level for environmental monitoring. In addition, the low-altitude operations of the 

UAS will ensure separation between these small-UAS operations and the operations of 

conventional manned aircraft that must comply 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 aircraft to maintain cruising altitude by reference to an altimeter that is 

set" ... to the elevation of the departure airport or an appropriate altimeter setting available 

before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption is requested. An equivalent level of safety will be achieved by the 

operator confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight as well as the operator receiving live feedback information about the UAS, including the 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 17 

height of the UAS, its forward velocity, and compass heading. The operator will be able to 

observe and control the maximum height of the UAS. Additionally, the UAS will be operated 

within the line of sight of the PIC. 

x. 91.15l(a): Fuel Requirements for Flight in Visual Flight Rules 

("VFR") Conditions 

Westervelt requests an exemption from 14 C.F.R. 91.151(a). Section 91.151(a) 

prohibits an individual from beginning "a flight 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 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." 

The current battery pack powering the UAS provides approximately 25 minutes of 

powered flight making it impossible to meet the 30 minute reserve requirement in 14 C.F.R. 

§91.151. Given the limitations on the UAS's proposed flight area and the location of its 

proposed operations within a predetermined and remote area, a lower minimum battery power 

requirement in daylight or night VFR conditions is reasonable. Westervelt believes that an 

equivalent level of safety can be achieved by limiting flights to 25 minutes or 25 percent of 

battery power, 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): Carrying Civil 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 it the following: 

( 1) An appropriate and current airworthiness certificate. 

(b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this 

section or a special flight authorization issued under § 

91.715 is displayed at the cabin or cockpit entrance so that 

it is legible to passengers or crew. 

The UAS fully loaded weighs less than 55 pounds and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS. 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 18 

xii. 91.215: A TC Transponder and Altitude Reporting Equipment and 

Usc 

Westervelt requests an exemption from 14 C.F.R. 91.215. This section requires that 

installed Air Traffic Control ("ATC") transponder equipment must meet specific performance 

and environmental requirements, and aircraft must be equipped with an operable coded radar 

beacon transponder. 

There are presently no known commercially available ATC transponders that meet the 

payload requirements of a small UAS and are available at reasonable cost. However, because 

the UAS used by Westervelt will not be flying into or near airports, and will fly no higher than 

400 feet above ground level, there is very low risk of collision with any manned aircraft. In 

addition, because there will be no 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, Westervelt requests an exemption from this section. Additionally, the UAS is too 

small to contain A TC transponder equipment in any form that is known to be available 

commercially. 

xiii. 91.405 (a) & (d); 407 (a)(l); 409 (a)(2); 417(a) & (b): Maintenance 

Inspections 

Westervelt requests 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 operator or owner 

"shall have that aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter ... ,"and others shall inspect or maintain the 

aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Westervelt. Maintenance will be accomplished by the 

operator pursuant to the manufacturer's Phantom 2 Vision+ User Manual and Phantom Pilot 

Training Guide. An equivalent level of safety 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 limited periods of time. If mechanical issues arise, the 

UAS can land immediately and will be operating from no higher than 400 feet above ground 

level. The operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. 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 of safety. 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 19 

6) Summary for the Federal Register, If Necessary 

The following summary, if necessary, 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 of land, timber 

inventory, forest and road conditions, wildlife and ecologically important resources, boundary 

lines, and other property for management, information, compliance and research purposes. 

Allowing small UAS to be used for commercial land and timber management, 

environmental stewardship, conservation planning, research, educational, and monitoring 

purposes enhances safety by eliminating risks associated with conventional surveillance 

operations, which traditionally use larger manned aircraft and must operate at low altitudes, 

weigh thousands of pounds, and carry large amounts of fuel. Approval of the Exemptions, in 

contrast, would allow a battery operated small UAS weighing less than 55 pounds and no human 

passengers to complete the same job with virtually no risk. Under these conditions, the 

Phantom will provide an equivalent, if not higher, level of safety in the aerial data collection and 

environmental surveillance field, which supports the grant of this Request and Application for 

Exemptions. 

7) Privacy 

All flights will occur over private or controlled access property with the landowner's 

prior consent and knowledge. Because overflight areas will be controlled, restricted, remote or 

rural, there is little chance that there will be inhabited houses in the visual area or other people 

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 those persons are 

conducting unauthorized activities, are trespassing upon the Westervelt lands, or are damaging 

any of the land, structures, forests, wildlife or natural resources under the management 

responsibility of Westervelt, or interfering with any of Westervelt's conservation, management, 

or monitoring operations. 
U.S. Department of Transportation, Docket Operations 

December 4, 2015 

Page 20 

8) Conclusion - Request for Summary Review and Expedited Approval 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012 - size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security -provide more than adequate justification for the grant 

of the requested Exemptions allowing Westervelt to use the Phantom for and during the aerial 

data collection, management, research, and educational operations of Westervelt. 

The materials, operations and UAS described are familiar to FAA, will not create or 

cause precedent setting issues, and have been addressed by FAA in eh past. 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