Ross Wheeler

Solutions Property Management 

3220 S Western Ave

Sioux Falls, SD 57105

Direct 605-988-8509 

Fax 605-370-6588

May 11th 2015

U.S. Department of Transportation

Docket Operations

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 (3) (c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 

91.103,91.121,91.203, 901.151 

Following the format of FAA exemption No. 11138-Regulatory Docket No. FAA – 2014-0481 I have 

included:

1. Supplement Response for Petition

2. Phantom Flying Flow Chart

3. Phantom Quick Start Manual

4. Phantom 2 Vision User Manual 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, I, Ross 

Wheeler, a licensed Broker Associate and certified private pilot (certificate #3218249) (current 3rd class 

medical certificate) would like to apply for an exemption from the following Code of Federal Regulations

(CFR) to be allowed commercial operation of a lightweight Unmanned Aircraft Systems (UAS) for aerial 

imaging and video of properties I manage and list for sale. 

I am new to flying drones, however I have nearly 300 hours of PIC time in a fixed wing aircraft. I also 

have countless hours of RC airplane hours for as a hobby. Our office recently added the DJI Phantom 2 

Vision quad-copter (weighing less than 3 pounds), equipped with the included camera. My intent is to

capturing aerial photos/videos to supplement the properties we manage and real estate listings; 

following exemption and approval by the FAA. 

My exemption request would permit operation of ultra-light weight, unmanned (piloted be remote 

control) in predetermined areas away from general public, airports, heliports and vehicular traffic, under 
200 ft (AGL) and after reviewing the flight path of aerial observation. I will operate in a safe environment

that is strictly controlled away from power lines, elevated lights, airports and actively populated areas. I 

will personally conduct extensive preflight inspections and implement the same protocols I perform 

during my fixed wing flights. I will also check weather and will not fly in adverse weather. I shall abide all 

FAA requirements to ensure this exemption will provide the highest level of safety.

14 CFR Part 21, subpart H: Airworthiness Certificates §14 CFR 91.203

Given the size, weight, speed and limited operating area associated with the aircraft to be utilized, I am 

requesting exemption from 14 CFR part 21, Subpart H (Airworthiness certifications) and § 91.203 (a) and 

(b), subject to certain conditions and limitation, is warranted and meets the requirements for an 

equivalent level of safety under 14 CFR part 11 and Section 333 of PL 112-95 (Section 333).

14 CFR 45.27 (a): Location of marks; non fixed-wing aircraft. 14 CFR 45.29 (3)(c)(d)(e)(f)(h): Size of 

Marks

Furthermore I request an exemption from §45.23 Marking of the aircraft because my UAS will not have 

a cabin, cockpit, or pilot station on which to mark certain words or phrases. Additionally two –inch 

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. I understand the need for markings and will mark my UAS in the larges possible lettering 

and if required by the FAA I will place the necessary markings, name or numbers to my UAS. 

I also ask for an exemption from §91.405(a), 91.407(a)(1), 91.409(a)(2) an 91.417(a) and (b) 

Maintenance inspections may be required and should be granted since they only apply to aircraft with 

an airworthiness certificate. But, as a safety precaution I will perform a preflight inspection of my UAS 

before each flight as outlined in its operating documents. 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: pilot in command (PIC)

Under §61.113 (a) and (b) private pilots are limited to non-commercial operations, however I can 

achieve an equivalent level of safety as achieved by current regulations because my UAS does not carry 

and pilots, passengers or cargo. The risks of operating a UAS are far less than the risk levels inherent in 

the commercial activities outlined in 14 CFR Part 61. As a certified private pilot, I understand the rules 

and regulations of the FAA and that safety is top priority. 

14 CFR 91.103 (b)(1), (b)(2): Preflight Action

If granted an exemption I agree to additional safety procedures including, but not limited to:

1. Keeping my UAS within a radius of 500 feet from the controller to both aid in direct line of sigh 

visual observation.

2. Operate the UAS for 10-15 minutes per flight: land my UAS according to the SOPs and minimum

battery power. 

3. Operate my UAS only within visual line of sight and during daylight hours.
4. Use the UAS GPS system, a flight safety feature that slowly lands the aircraft when 

communication is lost.

5. Make sure all software for the UAS is up to date and firmware is functioning properly. 

6. Contact Air Traffic Control (ATC) for every flight within class (D) airspace. I will relay all my 

intentions and flight information. 

7. Have procedures in place to abort flights in the event of safety breaches or potential harm. 

Aerial videography for geographical awareness of real estate marketing has been around for a long time 

through manned fixed winged aircraft and helicopters, but for small business owners its expense has 

been cost-prohibitive. Granting this exemption would allow me to provide this service at a much lower 

cost. Further, my small UAS when used properly will pose no threat to the general public given its small 

size and lack of combustible fuel when compared to larger manned aircraft. The operation of this UAS 

will minimize ecological damage and promote economic growth by providing information to companies 

looking to lease spaces to lease or building in the Sioux Falls area.