June 2, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

the Federal Aviation Regulations

Respectfully, this exemption application will advance the Congressional mandate in Section 333 

of the Reform Act to accelerate the introduction of UAS's into the national airspace system 

("NAS") if it can be accomplished safely. This law directs the Secretary of Transportation to 

consider whether certain UAS’s may operate safely in the NAS before completion of the 

rulemaking required under Section 333of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UAS’s do not create a hazard to users of the 

NAS or the public or pose a threat to national security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act§ 333(a) (1). If the Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system." /d. §333(c)

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§401 01 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate. The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 of this title 

if the Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 

49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1).

Name and Address of Petitioner

Kevin Whitaker 

13879 Valley Ranch Road 

Roanoke, TX 76262 

Cell: 940-594-7762 

email:sprinterftw@gmail.com
Petitioner, Kevin Whitaker ("KW"), pursuant to the provisions contained within Federal Aviation 

Regulations (14 C.F.R. 11) and the FAA Modernization and Reform Act of 2012, Section 333, 

requests exemption for the Federal Aviation Regulations (“FAR”) listed below, for the purpose of 

commercial operation of small unmanned aircraft systems (“UAS”) in airspace regulated by the 

Federal Aviation Administration (“FAA”).

FAR exemption requests:

14 CFR Part 21 subpart H; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b); 

14 CFR 91.7 (a); 14 CFR 91.9 (b) (2) 14 CFR 91.103(b); 14 CFR 91.109; 

14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 

14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (a) (2); 14 CFR 417 (a) & (b).

KW proposes to utilize the DJI Phantom 2 Vision + UAS and DJI Inspire 1 UAS for commercial 

aerial photography and aerial videography, providing valuable services for a host of commercial 

interests, including oil and gas, land owners, structure owners, real estate and other 

geographical and infrastructure assets. Each aircraft noted is built in a quadcopter configuration 

with, having four rotors and four motors. Each UAS weighs less than 55 pounds, including 

payload, and under normal conditions do not exceed a speed of 30 knots. Each described UAS 

provides a vertical takeoff with the capability to hover and to move in the vertical and horizontal 

planes simultaneously. Equipped with auto return and GPS functions, each described UAS can 

return to a predetermined safe landing area and provide reading of magnetic interference that 

can cause loss of GPS signal. All UAS flights will be line of sight and include a pilot in control

and a visual observer, who are in audible communication with each other.

Use of the above described UAS’s reduces the need to operate conventional aircraft or deploy 

survey crews into dangerous areas for the same purpose. The DJI Phantom 2 Vision + and DJI 

Inspire 1 provide professional photography and videography at a fraction of the cost, time and 

risk required by conventional aircraft or ground crews. This correlates to improved safety, 

efficiency, cost effectiveness, productivity, reduced emissions and lessened environmental 

impact/ 

As the file size is too large for uploading with this petition, please the following URL’s for 

manufacturer documentation on the DJI Phantom 2 Vision + UAS (User Manual, Quick Start 

Guide, Release Notes, Pilot Training Guide v1.1) and DJI Inspire 1 UAS (User Manual v1.2, 

Quick Start Guide, Release Notes, Safety Guidelines)

Phantom 2 Vision+ downloads URL:

http://www.dji.com/product/phantom-2-vision-plus/download

Inspire 1 downloads URL: 

http://www.dji.com/product/inspire-1/download
The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

public benefit, including enhanced safety and cost savings associated with transitioning to 

UAS’s for aerial survey photography. Accordingly, the applicant respectfully requests that the 

FAA, grant the requested exemption without delay.

Relief sought and why

14 CFR Part 21 subpart H: The UAS’s to be operated carries neither pilot nor passenger and 

carries no explosive materials or flammable liquids. Given the size, weight, speed, and limited 

operating area associated with the aircraft to be utilized, I request exception. In the restricted 

environment and under the conditions proposed operation will be at least as safe, or safer, than 

a conventional aircraft operating with an airworthiness certificate without said restrictions.

14 CFR 45.23 (b): Due to the size of the respective UAS it does not have a cockpit, cabin, or 

pilot station on which to market certain words or phrases. Lettering would be very difficult to 

place on such a small aircraft and dimensions would need to be smaller than required minimum. 

Understanding the importance of lettering I will mark my UAS’s with the largest possible letters 

by placing the word "Experimental" or assigned number or name, based on request/ruling of 

FAA, on UAS fuselage. The equivalent level of safety will be provided by having the UAS’s

marked on its fuselage as required.

14 C.F.R. 61.113 (a) and (b): Private pilots are limited to non-commercial operations. KW can 

achieve an equivalent level of safety as achieved by current Regulations as the UAS’s utilized 

do not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure 

remote control piloting skills. The risks attended to the operation of my UAS is far less than the 

risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing

the PIC operation of the respective UAS’s, to operate in a manner that will meet and exceed 

current safety levels in relation to 14 C.F.R. 61.113 (a) & (b).

14 CFR 91.7 (a) As there will be no airworthiness certificate for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check list prior to each flight an 

equivalent level of safety will be provided.

14 CFR 91.9 (b) (2) Given the size and configuration, the UAS’s have no ability to carry a flight 

manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry flight 

manual. An equivalent level of safety will be maintained by keeping the flight manual at ground 

control point, immediately available to the pilot.

14 CFR 91.103(b): As FAA approved flight manuals will not be provided for the aircraft an 

exemption will be needed. Normal procedures including but not limited to; reviewing weather, 

flight battery requirement, landing and takeoff distances, along will all of those found in 

attachment "DJI Pilot Training". An equivalent level of safety will be provided by preflight 

protocol to properly match the machine.
14 CFR 91.109: UAS and remotely piloted aircraft do not have fully functional dual controls. 

Flight control is achieved through the use of a control box that communicates with the aircraft 

via radio communications. The equivalent level of safety provided because neither a pilot nor 

passenger will be carried in the aircraft, and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b): An equivalent level of safety as achieved by current regulations 

because my UAS’s do not carry pilot nor passenger. While helpful, a pilots' license will not 

ensure remote control piloting skills.

14 C.F.R. 91.119: Prescribes safe altitudes for the operation of civil aircraft. It allows helicopters 

to be operated at lower altitudes in certain conditions. My UAS’s will always operate below the 

standard of 400 above ground level dictated. I will operate my UAS’s in safe areas away from 

public and traffic, providing a level of safety at least equivalent to or below those in relation to 

minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS’s, an 

equivalent or higher level of safety will be achieved.

14 CFR 91.121: The UAS’s may not have a barometric altimeter, but instead does have a GPS 

altitude read out. I believe an exemption may be needed. An equivalent level of safety is 

achieve by the operator receiving live flight data monitoring and confirming current altitude along 

with altitude of launch site shown on GPS altitude indicator.

14 CFR Section 91.151 (a): Prohibits an individual from beginning “a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes.” KW believes that an equivalent level of safety can be achieved by limiting flights to a 

maximum of 30 minutes or until the UAS battery power reaches 25%, whichever happens first. 

This restriction will provide the ability for the UAS to return to its prearranged landing position.

14 CFR 91.203 (a) and (b) Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the 

UAS has no ability to carry certificate and registration documents on the aircraft. There is no 

room, capacity, or pilot on board to adequately such documents. An equivalent level of safety 

will be achieved by keeping these documents, to the extent they are applicable to the UAS, at 

the ground control point where pilot has immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b) 

Given these section only apply to aircraft with an airworthiness certificate, theses sections do 

not apply to this applicant. As a safety precaution, operator will perform preflight inspections and 

ensure UAS is in working condition before initiating each flight.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental 

impact as compared to similar operations conducted with manned aircraft carrying flammable 

fuel. Smaller, lighter, more economical, KW UAS’s will provide both economic advantages and 

safer methods of operation than historic methods of attaining similar the same objective. 

Additionally, utilization of KW UAS’s will position UAS’s to leverage new technology to satisfy 
new market opportunities in the future.

In regards to inspections of infrastructure (i.e. bridges, towers, pipelines ...) and other 

structures, the UAS will minimize the risk to persons attempting to climb/navigate these

structures to ascertain problems or verify structural integrity. UAS provided inspections will also 

be completed in a more timely fashion, expediting the inspection process thereby reducing cost

Utilization of a UAS to provide photographs and videos so to provide additional safety to the 

general public in regards to structures failing or having compromised structural integrity. 

Structures, oil and gas facilities, towers and other remotely located structures, often difficult to 

reach by vehicle or foot, can be assessed more easily, quickly and safely than with traditional 

methods.

Compromised geography from “acts of God” or man-made incidents, often require the 

assessment of land and/or facilities. Here, a UAS, operated by a PIC and a visual observer can 

provide public benefits where older “manpower” based methods cannot be effectively utilized.

Privacy Issues

There are no privacy issues. Similar to the manned aerial acquisition flight operations that have 

been conducted for decades, KW’s proposed operation of the DJI Phantom 2 Vision+ UAS and 

DJI Inspire 1 UAS will not implicate any privacy issues. Specifically, the respective UAS will be 

operated only in compliance with operating documents (i.e., Aerial Operations Manual, Monthly 

Maintenance Log, and UAS Instruction Manuals) which requires property owner involvement as 

well as local law enforcement notification, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

Reasons Why Exemption Will Not Adversely Affect Safety Or How The Exemption Will 

Provide a Level of Safety At Least Equal To Existing Rule: 

My, KW’s, exemption will not adversely affect safety. Quite the contrary, more flight time logged 

in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the 

innovation and implementation of new and novel, as of yet undiscovered safety protocols for

geographic and infrastructure, oil and gas, land owners, structure owners, real estate aerial 

surveys. 

• Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons 

other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and 

structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must ensure that 

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

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

operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or 

structures where the owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; c. Operations nearer to 

the PIC, SO, operator trainees or essential persons do not present an undue hazard to those 

persons per § 91.119(a).
• All operations shall be conducted over private or controlled-access property with permission 

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

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

• No KW PIC will not be allowed to operate a UAS unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption.

• All KW PIC will be licensed pilots and possess a valid driver’s license as required under this 

exemption.

• KW UAS’s weigh 2.75 and 6.5 pounds, respectively, significantly under the 55 pound 

maximum weight.

• The operation of KW UAS’s will always be below the 400 foot permissible ceiling set by the 

FAA Modernization and Reform Act of 2012, at speeds not to exceed 35 miles per hour.

• The operation of KW UAS’s will always be done by line of sight, flown by a PIC and visual 

observer team that are in audible communication with each other. The PIC must be designated 

before the flight and cannot transfer his or her designation for the duration 

of the flight. The PIC must ensure that the visual observer can perform the functions prescribed 

in the operating documents.

• The KW PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

• KW UAS’s must remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

• KW UAS’s may not be operated by the PIC from any moving device or vehicle.

• KW UAS’s flights will be completed during day light hours.

• KW UAS’s flights will always be terminated prior to manufacturer recommended minimum level 

of battery power.

• KW UAS’s are GPS controlled and contain a return to home feature, a flight safety feature 

whereby the UAS can hover, circle and then land at the predetermined GPS takeoff point if 

communication with the remote control pilot is lost.

• KW UAS’s will only operate in reasonably safe environments that are strictly controlled, away 

from power lines, elevated lights, airports and actively populated areas.

• Preflight inspections, per the manufacturers specifications and protocol, will be done all KW 

operated UAS’s, assuring the integrity of the respective UAS. The Ground Control Station must 

be included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.
• Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics must undergo a functional test flight. The PIC who conducts the functional test 

flight must make an entry in the aircraft records.

• The UAS operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request.

• KW will carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total time 

in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service. Any discrepancies discovered between inspections and the 

associated corrective actions must be recorded in the aircraft record.

• Any incident, accident, 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 UAS 

Integration Office (AFS- 80) within 24 hours. Accidents must be reported to the National 

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

www.ntsb.gov.

Conclusion

KW seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI 

Phantom 2 Vision+ and DJI Inspire 1 UAS commercially, without an airworthiness certificate, for 

the purpose of conducting aerial photography and videography acquisitions and surveys for oil 

and gas, land owners, structure owners, real estate and other geographical and infrastructure 

asset interests across the United States.

KW requests that the Administrator grant this Petition for an exemption from the requirements: 

14 CFR Part 21 subpart H; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b); 

14 CFR 91.7 (a); 14 CFR 91.9 (b) (2) 14 CFR 91.103(b); 14 CFR 91.109; 

14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 

14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (a) (2); 14 CFR 417 (a) & (b).

Respectfully,

Kevin Whitaker