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WES,_. TE.RN 

7/27/2015 

U.S. Department of Transportation 

Docket Operations, M-30 

1200 New Jersey Ave., SE., Room W12-140 

Washington, DC 20590 

Re: Exernption Request Section 333 of the FAA Reform Act 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR 

Part 11, Western Enterprises, Inc., a small business focused on commercial and residential property 

management, sales, and development, hereby applies for an exemption from the listed Federal Aviation 

Regulations to allow commercial operation of its Small Unmanned Aircraft System platform DJI Series, 

Phantom 2+ Vision. Western Enterprises, Inc. currently manages 45 commercial buildings in the 

Anchorage, Wasilla, and Palmer areas of Alaska. The FAA actually leases space in one of our managed 

buildings in Wasilla, so we should have easy access to information on changing rules and regulations. 

Western Enterprises, Inc. will provide on-demand Small Unmanned Aircraft Systems (`sUAS") 

commercial operations for private sector clients for the use of Real Estate Videography and Photography 

specific toward commercial and residential listing and new site development so long as such operations 

are conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. 

As detailed in this document, the requested exemption would permit UAS operation under controlled 

conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide 

safety enhancements to the already best practices safety protocols foliowed by Western Enterprises, 

Inc. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe 

operation of such aircraft system in the national airspace system." Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Western Enterprises, Inc. 

4101 Arctic Blvd., Suite 203 

Anchorage, AK 99503 

Andrew J. Faiks (PIC) 

Phone 907-631-9155 

E-mail: An drewF@LeaseAlaska.com 

DeveRopment Construction Property Management Reai Estate 

4101 Arctic Bouievard Suite 203 — Anchorage, AK 99503-5798 

(907) 562-2244 — FAX: (907) 562-1782 

www.LeaseAlaska.com 
1. Statutory Authority for Exemptions 

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

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including 

sUASs, 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 sections 44702-44716 of this title if the Administrator 

finds the exemption 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). Section 333(b) of the Reform Act assists the Secretary in determining 

whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the 

user, the public, or a threat to national security. In making this determination, the Secretary must 

consider: 

The sUas's size, weight, speed, and operational capability 

Weather the sUAS operates within the visual line of sight of the operator 

Weather the sUAS operates outside of highly populated areas and away from close proximity to 

airports 

The primary sUAS used will be the Phantom 2 Vision+ with integrated camera, which is a quad-copter 

design with a DJI Naza-M V2 flight control system. It weighs less than 10 Ibs including payload and has a 

built-in inertial sensor and barometric altimeter that measures both attitude and altitude, and a 

compass that reads geomagnetic information and assists the GPS to accurately calculate the position 

and height of the aircraft. The sUAS has automatic flight limits that prevent flying in category A and B 

airspace, and limits altitude and takeoff ability within 5 miles of the same. In the event of low battery or 

loss of signal, the sUAS has a"return to home" feature that will automatically bring the device back and 

land in its original takeoff location. While the sUAS has a flight altitude limit of 120 meters, for my use it 

will not exceed an altitude of 90 meters and will not exceed speeds of 30 knots, and will operate only in 

the Pilot's visual line of sight at all times. Such operations will insure that the sUAS will "not create a 

hazard to users of the national airspace system or the public." Reform Act Section 333 (b). 

The sUAS is controlled by a wireless communication device that uses a 5.728GHz - 5.85GHz frequency 

hand and is compliant with CE and FCC (see the FCC ID) regulations. The wireless range extender 

operates in a frequency of 2412MHz — 2462 MHz. 

Given the small size of the sUAS involved and the restricted and sterile environment within which they 

will operate, our application falls squarely within the zone of safety in which Congress envisioned that 

Development Construction Property Management Real Estate 

4101 Arctic Boulevard Suite 203 — Anchorage, AK 99503-5798 

(907) 562-2244 — FAX: (907) 562-1782 

www.LeaseAlaska.com 
the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also due 

the small size of the sUAS and the low altitudes and restricted areas in which the sUAS will operate, 

approval of the application presents no national security issue. 

2. Public Interest 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking 

required under Section 332 of the Reform Act. By granting an exemption the FAA witl fulfill Congress's 

intent of allowing the sUAS to operation with significant safety precautions in low risk environments. 

The sUAS' use in Real Estate marketing provides an extreme benefit to the public as individuals make 

arguably the largest purchase of their lives. This new technology gives prospective buyers a strategic 

advantage and increases the marketing value of the seller's and lessor's property. Inspections of vacant 

land for development with the use of the sUAS is much safer than with a small aircraft as Alaska has the 

highest small plane traffic per capita and a high number of crashes already. The ability to film the 

property and send the video to potential investors who might be traveling or out of the State increases 

the likelihood of positive community development. 

3. Equivalent levei of safety 

Western Enterprises, Inc. will be bound by the following limitations when conducting its sUAS 

operations under a FAA issued exemption: 

• The sUAS must be less than 10 pounds. 

• Flights will be operated within visual line of sight of a pilot. 

• Maximum total flight time for each operational flight will be 20 minutes. The sUAS calculates 

battery reserve in real time, and will return to its ground station with at ieast 20% battery power 

reserve should that occur prior to the 15 minute limit. 

• Flights being operated never exceeding 300 feet AGL. 

• The sUAS will only operate within a planned flight profile, unless conditions warrant a different 

path due to changing conditions and environment. 

• AII flights will be conducted within set guidelines of weather constraints. 

• AII flights will be conducted 5 NM outside of designated FAA airports. 

• AII flights will have prior consent from property owner or designee. 

• Pilots will have been trained in operations of sUASs generally and received up-to-date 

information on the particular UAS. 

• PIC will have at a minimum 50 hours of logged flight time with the specific sUAS. 

• A preflight checklist and flight log will be completed for every fiight. 

Development Construction Property Management Real Estate 

4101 Arctic Boulevard Suite 203 — Anchorage, AK 99503-5798 

(907) 562-2244 — FAX: (907) 562-1782 

www.LeaseAlaska.com 
s The sUAS will undergo routine maintenance and all battery power sources will have full charge 

prior to any flight. 

• AII required permissions and permits will be obtained from territorial, state, country, or city 

jurisdictions, including local law enforcement, fire, or other appropriate government agencies. 

0 If the sUAS loses communications or loses its GPS signal, it will have the capability to 

automatically return to a pre-determined location within the Security Perimeter and land. 

4. Privacy 

AII flights will occur over private or controlled access property with the property owner's prior consent 

and knowledge. Images taken will be of individuals who have also consented to being filmed or 

otherwise have agreed to be in the area where aerial photography will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 — size, weight, speed, 

operating capabilities, proximity to airports and populated areas, and operation within visual line of 

sight and nationaf security — provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's sUAS in the private sector as defined above. 

Sincerely, 

Andrew J. Faiks 

Western Enterprises, Inc. 

Development Construction Property Management Real Estate 

4101 Arctic Boulevard Suite 203 — Anchorage, AK 99503-5798 

(907) 562-2244 — FAX: (907) 562-1782 

www.LeaseAlaska.com