### 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

Re spectfully, t his 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

cons ider 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 us ers 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 a nd populated areas; and

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



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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 mu st 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 exem ption 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 : 94 0

- 594

- 7762 email:sprinterftw@gmail.comPetitioner , Kevin Whitaker ("KW"), pursuant to the provisions contained within Federal Aviation

Regulations (14 C.F.R. 11) and the FAA Moder nization 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).

K W proposes to utilize the DJI Phan tom 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 U AS 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 predet ermined 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 co ntrol
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 uploadi ng 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/downloadThe 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 o perations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to
UAS ’ s for aerial survey photography. Accordingly, the applicant respe ctfully requests that the FAA, grant the requested exemption wit hout dela y.

Relief sought and why

14 CFR Part 21 subpart H : The UAS’s to be operated carries n either 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 cond itions 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 wit h 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) : P rivate 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 licen se 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 U AS’s , to operate in a manner that will meet and exceed current safety l evels 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 stan dard 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. A n equivalent level of safety will be maintained by keeping the flight manual at ground control point , immediately ava ilable to the pilot

.

14 CFR 91.103 (b): As FAA approved flight manuals will not be p rovided 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 equival ent level of safety will b e 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 communic ates 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 saf ety 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 : P rescribes safe altitudes for the operation of civil aircraft. It a llows 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 a t 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 altimete r, 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) : P rohibits 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 le ast 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.

T his 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 d ocuments on the aircraft. There is no room, capacity, or pilot on board to adequately such documents. An equivalent level of safety

wil l 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. A s 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 woul d 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 attaini ng similar the same objective. Additionally, utilization of KW UAS’s will position UAS’s to leverage new technology to satisfynew market opportunities in the future.

In regards to inspections of infrastructure (i.e. bridges, towers, pipelines ...) and othe r 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 fas hion, expedi ting 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, towe rs and other remotely located structures, often difficult to reach by vehicle or foot, can be asse ssed more easily, quickly and safely than with traditional
methods.

Compromised geography from “acts of God” or man

- made incidents, often require the

assessme nt 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 ac quisition 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 Manual s ) which requires property owner involvement as well as local law enforcement notification, and in accorda nce 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 sa fety. 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 undi scovered 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 nonpartici pating 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 Modern ization 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 comm unication 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

a ctivities at all times



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

• KW UAS ’s flights will be com p leted 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 t he remote control pilot is lost.

• KW UAS’s will only operate in reasonably safe environment s that are strictly controlled, away from power lines, elevated lights, airpor ts and actively populated areas.

• Prefligh t inspections, per the manufacturers specifications and protoco l, 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 mus t be properly documented in the aircraft records

.• Any UAS that has undergone maintenance or alterations that affect the UAS opera tion or flight

characteristics must undergo a functional test flight. The PIC who conducts the functional test flight must m ake an entry in the aircraft records



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• The UAS operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request



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• KW will carry out its maintenance, inspections, and record kee ping 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, o r 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 Tra nsportation 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 certifi cate, 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 th at 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) ;

1 4 CFR 91.405 (a) ; 14 CFR 407 (a) (1) ; 14 CFR 409 (a) (1) & (a ) (2 ) ; 14 CFR 417 (a ) & ( b).



### Respectfully,

Kevin Whitaker