Date July 25, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, 

John T. Whitney President 

Aerials by Whitney, Inc. 

3 Keeneland PL 

Belleville, Illinois 62223 

0; 618-235-4192 

M; 618-531-0231 

F; 618-234-5065 

www.aerialsbywhitney.com 

SE Washington, DC 20590 

RE: Petition of Aerials by Whitney, Inc. for Exemption Pursuant to section 333. 

Of the FAA Reform Act 

Attn: To whom it may concern 

Pursuant to section 333 of the FAA Modernization and reform act of 2012 (the 

reform act) and 14 C.F,R.. Part 11, Aerials by Whitney, Inc. operator of Small 

Unmanned Aircraft Systems (sUASs) equipped to conduct aerial photography and 

videography, hereby applies for an exemption from the listed Federal Aviation 

Regulations ("FAR") to allow commercial operation of its sUASs, 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 the FAA as required by section 333.1 

Aerials by Whitney, Inc. We currently operate one Cessna 177B fix wing aircraft for 

image acquisitions. We have a combined flight experience of over 31,000 hours. In 

recent history we have been bidding on jobs that have been bid by drone operators 

in our area and we fine it difficult to compete with them. Therefore we would like to 

add drone aircraft to our fleet. We all both rated pilots and owner John t Whitney is 

an A.T.P, flight instructor, instrument and helicopter pilot. Additionally we have 

over three years history of drone radio control aircraft operation. All of our drone 

operators will be FAA rated pilots. 

As described more fully below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive sUASs under controlled 

conditions in airspace that is 1. Limited 2.Predetermined and 3. Controlled. The 

proposed exemption, if granted would allow Aerials by Whitney INC to conduct 

commercial operations of small, unmanned aircraft systems("UAS") meeting or 

exceeding all of the operational and safety requirements Congress has set forth in 

Section 333. 
Aerials by Whitney, Inc. is a media/technology company that plan to exploit the 

capabilities of unmanned Aerial System to offer a multitude of services, including: 

- Aerial surveying 

-Remote sensing 

-Agricultural support 

-Real estate Photography 

-Aerial filmmaking and photography 

-Construction site inspections and monitoring 

-Wildlife and forestry monitoring 

-Educational; and research operations 

Statutory Authority Section 333, titled "special Rules for Certain Unmanned Aircraft 

Systems", provides a mechanism for seeking expedited FAA authorization of safe 

civil UAS operations in the NAS. Section 333 (a) states that the FAA "shall determine 

if certain unmanned aircraft systems may operate safely in the national airspace 

system before completion of the (comprehensive) plan and rulemaking required by 

section 332(b)(1) of this Act or the guidance required by section 334 of this Act. " In 

section 332(b)(1). Congress made it clear that section 333 provides a mechanism 

for "expedited operation authorization" if several factors are met. Petitioner meets 

all requirements to permit FAA approval of commercial operations. 

The petitioner request relief from the Following: 

Regulations from which the exemption requested: 

14 C.F.R Part 21 

14 C.F.R 45.23 (b) 

14 C.F.R 61.113(a and (b) 

14 C.F.R 91.7 (a) 

14 C.F.R 91.9 (b) (2) 

14 C.F.R 91.109 

14 C.F.R 91.119 

14 C.F.R 91.121 

14 C.F.R 91.151(a) 

14 C. F .R 91.203 (a) & (b) 

14C.f.R 91.215 

14 C.F.R (91.401- 91.417 
Unmanned Aircraft System 

sUAVs are often times seen a superior to helicopters due to the smaller devices 

cheaper equipment and personnel cost, reduced noise and as such, a much smaller 

environmental impact which promotes public safety. 

We are petitioning for exemption to enable Aerials by Whitney, Inc. to operate a DJI 

Phantom 11 equipped with a three-axis gimbals and using High-Def cameras. 

This sUAVs has a built capability to limit the height it flies above the ground, to limit 

the radius of the distanced it flies from the operator ad to exclude it from Class B, C 

and D airspace including a no-fly zone feature. The Phantom 11 also has the failsafe 

function of the Naza-M autopilot system which means when the communication 

between the main controller and the transmitter is disconnected, the outputs of all 

command sticks from controlled will go to the center positions. If the GPS signal is 

good enough, the system will automatically trigger return to home and will land 

safely. 

The Above specifications meet with the Model Aircraft Operating Standards as set 

below: 

Aerials by Whitney, Inc. will only operate its sUAS in line of site of a pilot and/or 

observer and will operate at sites that are a"sufficient distance" from populated 

areas within the sterile area described in the FOPM. Such operations will insure that 

the sUAS will "not create a hazard to users of the national airspace system or the 

public". 

When flying sUAV within 5 miles of an airport, airport operators will be notified and 

the operator will give the right of way to avoid flying in the proximity of full-scale 

aircraft. 

• Maximum flight time for each operational flight will be 20 minutes. 

• Flights will be terminated at 25% battery reserve should that occur prior to 

the 20 minute limit. 

(b) All operations must occur in FAA Class G airspace at no more than 400 feet 

AGL, at and airspeed of no more than 25 knots and no further than 1/8th NM from 

the PIC. 

(D All operations must utilize a visual observer (V)). The VO and PIC must be 

able to communicate by voice at all times during a flight operation: 

(d) Operations will be restricted to flights over private property with the 

permission of the property owner. 
• The sUAV will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from 

which filming is planned. 

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

• The sUAS operated by the petitioner weighs less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbal). 

• The sUAV will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally. 

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

they will operate, our sUAS operations adhere to the Reform Act's safety 

requirements. 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on board 

and will thereby reduce current risk levels and thereby enhance safety and diminish the 

likelihood of death or serious bodily injury. With a small payload and maximum flight 

time of only 20 minutes, this is offers little or no risk to national security. 

Low level oblique photos and video from several angles are far more effective than ground 

based imagery for displaying the characteristics of large, complex properties with several 

buildings and large trees. The applicants in the past have chartered 2-seat full-sized 

helicopters for this purpose, which has proven more costly than many potential clients have 

been able to afford. The benefits of reduced cost and improved quality of presentation from 

the UA will be valuable to and benefit many buyers and sellers of real property. 

Additionally, we request that we be allowed to use our system to benefit first responders 

nearby who might require assistance, including fire fighters, the police, the sheriff, et al., 

while remaining subject to all limitations cited in this application as we do so. 

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(a) No flight will be made with a Gross weight exceeding 55 pounds; 
(e) All required permits will be obtained from state and local government prior 

to operation: 

(f) Aerials by Whitney, Inc. will not be operate over densely populated areas: 

(g) Aerials by Whitney, Inc. will not be operating over any open-air assembly of 

people" 

(h) Aerials by Whitney, Inc. will not be operating over heavily tracked roads: 

(i) Aerials by Whitney, Inc. will not be operating within 5 NM of an airport or 

heliport without prior permission. 

Additionally Aerials by Whitney, Inc. is a member of the Academy of Model 

Aeronautics (AMA #1083091) the largest model aviation association in the world. 

The AMA is a world-class association and has 170,000 modelers and 2394 clubs 

throughout the United States. The AMA offers numerous competitions, educational 

programs, advocacy, liability protection, outstanding publications and the word's 

largest model aviation museum. We respectfully request exemption under section 

333 to enable Aerials by Whitney Inc. to operate efficient, limited low risk 

commercial sUAV operations for the activities stated respecting at all times the 

space and privacy of citizens and property whist keeping our skies safe. 

Sincerely 

John Whitney 

Aerials by Whitney, inc 
Exemption Request and Equivalent Level of Safety 

Aerials by Whitney request and exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the sUAV 

System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for Unmanned 

Aerial Systems, we request an experimental certificate be issued for the DJI 

Phamton 11 under either or both of the following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the 

following purposes: 

(a)

Research and development. Testing new aircraft design concepts, new 

aircraft equipment new aircraft installations, new aircraft operating 

techniques , or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight test and other 

operations to show compliance with the airworthiness regulations including 

flights to show compliance for issuance of type and supplemental type 

certificates, flight to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such 

as market surveys, sales demonstrations, and customer crew training, we 

would expect that an experimental certificate would permit our commercial 

purpose as well. The aircraft will not carry persons or property, will not 

carry fuel, and will only fly under strict operational requirements. 

Combined with the UA,s light weight, being constructed primarily of carbon 

fiber and plastic, we propose that the UA will be at least as safe, if not safer, 

than a conventionally certificate aircraft performing the same mission. If an 

experimental airworthiness certificate is not appropriate for this application, 

then we request and exemption of 14 CFR Part 21, Subpart H, 
and the requirement for an airworthiness certificate in general, citing the equivalent level of 

safety outlined in the previous paragraph 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.These regulations provide 

that each aircraft must display "N" and the aircraft's registration number in letters at least 3 

inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 

2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have 

an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a 

registration number assigned to it by the FAA. We propose to achieve an equivalent level of 

safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as 

shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of 

the aircraft while it is preparing for launch will be able to see the designation. Additionally, we 

feel that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a high 

contrast flag or banner that contains the words "Unmanned Aircraft GroundStation" in letters 3 

inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the 

banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. Our proposed operations require that the PIC 

must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot 

carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even 

though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

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inapplicable. 
14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.This regulation 

provides that no person may operate an aircraft unless a current, approved flight manual is in 

the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to 

this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS 

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The 

regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System groundbased control station consists of a small hand-held radio transmitter and while it does not offer a 

second set of "controls", both the student and instructor can, and will, operate the single set of 

controls simultaneously. With both student and instructor having "hands-on" the controls during 

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of 

safety. 

91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated 

areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical mission of the sUAS would be photography or survey of persons. 

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where permission has been 

obtained and careful pre-planned has been performed. The aircraft will be operated at a low 

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or 

property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard 

to persons, vehicles and structures is minimal compared to manned aircraft, which should be 

considered in granting the exemption. 

CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising 

altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS 

will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 

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takeoff point is transmitted via radio from the sUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-vFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum 

duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the 

aircraft will never fly more than 1/8 NM from the point of intended landing, a full battery charge 

at launch will ensure that we meet the reserve energy requirement of this paragraph. We request 

an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". 

14 CFR 91.203(a) &(b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, 

the sUAS is too small to carry documentation, does not have an entrance, and is not capable of 

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon request. In 

order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E(91.401- 91.417)- Maintenance, Preventive Maintenance, AlterationsThe 

regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 

require that the aircraft be "approved for return to service by a person authorized under 43.7" 

after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service." The 

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PIC will ensure that the aircraft is in an airworthy condition prior to every flight and 

in addition conduct detailed inspections after every two hours of flight~ Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the 

onboard computer. All other maintenance will be performed by the manufacturer of 

their designated repair facility. The PIC will document work performed in 

accordance with 91.417. We feel that due to the size. Construction, and simplicity of 

the aircraft, the PIC can ensure and equivalent level safety. 

Safety and Benefits of the UAS 

Aerials by Whitney, Inc. will be using the UAS in a variety of applications that 

generally require expensive full size manned aircraft to complete. Small, light, 

unmanned aerial vehicles offer myriad benefits over the use of full sized manned 

aircraft for the electric power line inspection, oil/gas pipeline inspection, advanced 

agriculture, film and still photography, just to name a few. Replacing significantly 

larger manned aircraft carrying crew and flammable fuel with small UAS carrying no 

passengers or crew creates a much greater margin of safety for the pilots and crew. 

By granting Aerials by Whitney requested exemptions, the FAA will help drive 

development of safe and successful commercial UAS operations and will advance 

the public knowledge base for such operations. Aerials by Whitney is committed to 

promoting the UAS research efforts of policymakers including the FAA, NASA, DOD 

and DARPA by sharing data from its commercial UAS operations and serving as a 

resource for future UAS research operations. Thus, the FAA has good cause to grant 

this Petition. 

Conclusion 

As pointed out in this application all SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated within 

the line of sight of the pilot in Command PIC, less than 400 feet above the ground 

and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other 

location with aviation activities, unless the air traffic control authorized each flight 

within a radius of this distance. 
All our SUAs have proven capability for controlled flight. They are devices offered 

for general sale on the market around the world and have often been used as Model 

Aircraft in the USA. We are certain that the studies conducted until now by the FAA, 

about Section 332, Public law 112-95, 2014, have already provided you with the 

assurances on the airworthiness of SUAs such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and 

Aerials by Whitney should be permitted to conduct small UAS operations in 

accordance with its manuals and all other operating parameters deemed necessary 

and appropriate by the FAA. The submission of this application and its contents is 

the best demonstration that indeed it is possible to pursue the authorization process 

soa that some SUAs may be used for legitimate commercial activities and under 

reasonably safe conditions.