Petition for Exemption to Section 333

Welch Comer Engineers

January 25, 2016

Introduction

The purpose of this document is to provide the FAA information and justification as to why an 

exemption to Section 333 for use of an UAS by Welch Comer Engineers is appropriate. Below is specific 

information requested in the document “Public Guidance for Petitions for Exemptions Filed under 

Section 333”.

Type of UAS

 DJI Phantom 2 Vision+ (Model No. PV331) with F2.8 140 Degree on-board camera with gimbal 

system.  Radio frequency is 5.728 Ghz-5.85 GHz.  FCC ID: SS3-201309581 – Complies with Part 15 of FCC rules.

Uses of UAS

Over 95% of Welch Comer’s work is for public agencies including cities, counties, State DOT’s, 

water/sewer districts, and road departments. We provide a wide range of general civil engineering 

services in which aerial imagery is very useful. When the UAS was purchased in the Fall of 2014 we 

intended to use it for the following:

 Reconnaissance photos to supplement our GPS surveys of large construction sites.  Acquire photographs during construction project to document concerns and progress and 

provide very clear and easy-to-understand project updates to policy makers (Mayors, City 

Councils, board members, etc.).  Use photographs for artistic renderings that help non-technical decision-makers understand 

how a project will look when complete.  Provide free demonstrations at a university and GIS professionals who are curious about the 

technology.  We do not sell our aerial photographs.

Area of Intended Operations

Because we work for several small cities and town, our intended area of operations varies, but is 

generally limited to Northern Idaho and Northeast Washington, aka the “Inland Northwest”. We do not 

operate within a 5 mile radius of any airport. The primary airport in our area is the Coeur d’Alene 

Airport in Hayden, Idaho.

More specifically, our area of operation will be limited to small project sites we need pictures for. 

Project sites vary in area, but could range between 1 acre and 20 acres. That said, we only fly within the 

boundaries of the project, which we typically understand clearly because of our previous survey efforts.

UAS Pre-Flight Drone Protocol

Welch Comer’s UAS is inspected for defects and damage prior to each use. Additional parts are repaired 

or replaced as-needed. Care is taken when transporting the UAS to protect from damage.
Prior to any flight, Welch Comer’s protocol involves understanding the parcel(s) of property including 

boundaries, terrain, and neighbors. An open, flat, and solid area is selected for take-off and landing. 

This area will be far from any obstructions, including communications equipment that might cause 

interference.

UAS In-Flight Protocol

Welch Comer will only use the UAS at very slow speed and low altitude picture taking, which typically 

takes only a few minutes to capture. More specifically, the UAS will travel at a maximum of 15 mph and 

200 feet in altitude.

Although the maximum range claimed by the Phantom 2 Vision+ of 1000 meters, Welch Comer only 

allows about 350 meters. The primary reason is that beyond 350 meters (in clear weather), the UAS is 

difficult to see. It’s our internal policy to never the let the UAS out of sight.

To maintain safety to the public and property, the UAS is only flown in open areas, away from trees, 

buildings, power lines, etc. The UAS is also flown in areas and at times, when no people are below it. In 

case of a mechanical failure, or a pilot error, the UAS can land/crash away from populated areas.

Also, prior to any flight, Welch Comer policy is to get permission from the property owner (typically a 

local government), ask they be present for the flight, and notify local law enforcement. Notification to 

local law enforcement is done to understand if there may be any restrictions, and give a heads-up in 

case there are calls from the public.

Pilot in Command (PIC)

We understand that current rules require the PIC to be a permitted pilot. Since no one is a permitted 

pilot at Welch Comer, the UAS is not currently being used on our projects. That said, two of Welch 

Comers employees have flown the drone and understand its capabilities. More specifically, Matt Gillis 

and Adam Dorsey have an estimated 20 and 15 hours of flight experience, respectively. 

We also understand the current requirement to be a licensed pilot may be changing in the summer of 

2016. The FAA may allow drone owners to take a “ground test” and secure an Airman Certificate. If 

that is the case, Matt and Adam will become certified. In the meantime, Welch Comer desires their UAS 

to be permitted.