Date: May 4th 2015

T0: U.S. Department of Transportation

 Doket Management System

 1200 New Jersey Ave, SE

 Washington, DC 20590

From: Keith Whitehead (4Prop Production)

25951 Timberline Dr

San Antonio, Texas 78260

(210-639-5659)

Keithw124@gmail.com

RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and

 14 C.F.R. Part 11

To whom it may concern:

Our Company, 4Prop Production is requesting exemptions from the regulations listed below until the 

FAA addresses and redefines the use and regulations of sUAV for commercial operations.

I, Keith W Whitehead, President and co-owner of 4Prop Production have been a FAA licensed Private 

Pilot for 7 years and have logged 200 hours of PIC and experience in single engine aircraft without 

incident and have been committed to safety with each flight. FAA Private Pilot certificate # 3353460. I 

have been also flying remote control aircraft line of sight for 33 years and a member of Academy of 

Model Aeronautics (AMA), I have been involved in Law Enforcement for the last 22 years along with 

my business partner Jay E Krick. We are professionally aware of citizens right to privacy and the 

importance of public safety.

We are requesting that 4Prop Production an owner and operator of a small unmanned aircraft, be 

exempted from the Federal Aviation Regulation listed below so that 4Prop Production, may operate a 

UAS commercially in Class G airspace regulated by the Federal Aviation Administration. 
The exemption request will permit 4Prop Production to operate UASs commercially for the purpose of 

filming and photographing property, people, and events. 4Prop Production will provide a service that is 

beneficial to an industry that is already using, and seeking to use, UASs for these purposes with a legal 

and safe option while providing relevant experience and information to the FAA and the UAS 

community. This will benefit the public with the controlled operation of UASs by 4Prop Production and 

increased integration into the National Airspace System. 

All operations by 4Prop Production will strictly adhere to safety, applicable FARs, Operator’s Handbook, 

and all other guidelines from the FAA. 4Prop Production will, at all times, conduct operations in a 

manner as to maintain the same level of safety as current manned aircraft operations.

4Prop Production will operate exclusively in controlled conditions, within visual line of sight “VLOS”, at

low altitudes of 400 feet above ground level. Any UAS in operation by 4Prop Production will not exceed 

55 lbs. weight according to regulation. At all times 4Prop Production will have a Chief Pilot responsible 

to maintain safe operations, ensure current requirements are met and consistently assure an open line of 

communication with the FAA.

The substance of this request is essentially the same as that granted to:

Exemption No. 11419 in that NMotion UAS is committed in public safety, as well as, aerial photography 

and inspection of structures

Exemption No. 11434 in that David Voyles operating an Aerial Photography business in Real Estate.

Exemption No. 11423 In That Stunning Heights LLP using small unmanned aircraft commercially to film 

and photograph people, property and events.

Exemption No. 11430 in that Aerial Optics commercially conducts aerial photography and 

videography

I. Exemption Request :

Under Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 

11, the following regulations:

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 91.7 (a)

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) 

14 C.F.R. 91.405 

14 C.F.R. 91.407 

14 C.F.R. 91.409 

14 C.F.R. 91.417 

14 C.F.R. 91.109

14 C.F.R. 91.215
Keith W Whitehead President and Jay E Krick Vice President of 4Pro Production is petitioning for 

exemption to enable 4Pro Production to operate a 3DR Robotics IRIS+ quad copter (see Appendix A) 

utilizing the 3DR pixhawk flight controller. A DJI Phantom 3 Professional quad copter (see Apepedix 

B).

Both sUASs will be equipped with cameras, camera stabilizing gimbals and OSD (on screen displays) 

providing the Pilot in command (PIC) with altitude, airspeed, battery life and direction. Our UAS flight 

controllers utilize GPS to limit the altitude above the ground and limit the radius of the distance it flies 

from the PIC. Our UASs have GPS guided failsafe functions allowing the autopilot system to fly back to 

the launch site autonomously. If the transmitter is disconnected the system will automatically trigger 

return to home and will land safely. 

Our commercial activities would include: 

• Aerial surveying

• Event photography/videography

• Real estate photography

• Aerial filmmaking and photography

• Unmanned aerial sightseeing

• Construction site inspections and monitoring

• Building inspections

PILOT IN COMMAND AND OBSERVER QUALIFICATIONS AND DUTIES

The PIC will maintain at minimum a FAA Sports Pilot Certificate and a current vaild state drivers 

license. The PIC will have at least 40 hours total time and at least 20 hours flying Radio Controlled 

Aircraft of which will be 10 hours flying sUAS. The PIC is responsible for the safe and efficient 

operation of the aircraft. Specific duties include all preflight preparation, in flight operation and post 

flight requirements

. Procedures including but not limited to:

• Safe flight operations and weather conditions

• Risk assessment and mitigation to persons and property

• Site suitability

The Observer must have the visual acuity to observe the sUAS and be able to communicate clearly with 

the PIC verbally or with 2 way radios. 
The Observers duties are;

 Notifying the PIC of any impending obstacles in the flight path of the sUAS.

 Notifying the PIC of any deviations in the planned flight path of the sUAS

 Notifying the PIC if unauthorized persons enter the area of the planned flight

 Maintaining a restricted area for launch and recovery of UAS

GENERAL OPERATING STANDARDS

 Before an operation of a sUAS within 5NM of an airport with a control tower, the control tower 

will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and 

the times the sUAS will be operated. The sUAS will not be operated at an altitude of over 200

feet AGL. 

 Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators will be 

notified and the PIC will give the right of way to avoid flying in the proximity of full-scale 

aircraft. At no time will the sUAS be operated within the final approach course and the takeoff

course of any runway. The sUAS will not be operated at an altitude of over 200 feet AGL.

 Weather minimums will be 3 miles visibility and a 1000 foot ceiling

 4Prop Production will only operate its sUAS in line of sight of a PIC and/or observer and will 

operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure 

that the sUAS will not create a hazard to users of the national airspace system or the public.

 Maximum flight time for each operational flight will be between 15 and 25 minutes.

 Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute 

limit. Which is displayed by the on screen display.

 The sUAS will be programmed into the flight controller not to fly at an altitude of no more than 

200 feet AGL

 Minimum crew for each operation will consist of the sUAS Pilot in Command and Visual 

Observer.

 The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbals).

 The sUAS will operate at speeds of no more than 40 knots, can hover, and can simultaneously 

move vertically and horizontally.

 Operations will be restricted to flights over public or private property without the permission of 

the property owner(s)

 sUAS will not be operated over densely populated areas or a assembly of people.

 sUAS will not be operating over heavily trafficked roads and highways.
HOW THIS REQUIST IS TO THE BETTERMENT OF OUR COMMUNITY

Our UAS are powered by batteries, 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 associated with traditional aircraft, enhance safety and diminish the likelihood of death or 

serious bodily injury. Also with a small payload and typical flight time of 15 to 25 minutes, there is no 

risk to national security. Low level photos and video are far more effective than ground or high altitude 

manned aircraft imagery for displaying detailed characteristics of ground based objects.

Additionally, we will make our sUAS available to first responders in our community who might require 

assistance, including fire fighters, police, search and rescue efforts, while remaining subject to all 

limitations cited in this application.

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

4Prop Production respectfully requests an exemption from the following regulations as well as and 

additional regulations that may technically apply to the operation of its UASs:

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 our UAS’s 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 tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type 

and supplemental type certificates, flights 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 UAS lightweight, being constructed primarily of 

carbon fiber and plastic in conjunction with the ability to utilize emergency parachute systems.

We at 4Prop Production propose that the UAS will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission. If an experimental airworthiness certificate is not 

appropriate for this application, then we request an 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 sUAS 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.

The size of the sUAV in use (IRIS+ and the DJI Phantom 3 pro) does not allow for the designated size of 

the registration numbers that are referred to in this regulation; however, we would certainly adhere to

adding registration numbers to the sUAV in an appropriate manner (largest possible characters). I donot

believe at this time, registration numbers will be issued and this regulation may not be applicable.

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 

inapplicable.

91.119 Minimum safe altitudes:

Except when necessary for takeoff or landing, no person may operate an aircraft below the following

altitudes:

(a)Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard

to persons or property on the surface.

(b)over congested areas. Over any congested area of a city, town, or settlement, or over any open air

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of

2,000 feet of the aircraft.

(c)Over other than congested areas. An altitude of 500 feet above the surface, except over open

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500

feet to any person, vessel, vehicle, or structure.

(d)Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted

without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this

section, provided each person operating the helicopter complies with any routes or altitudes

specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums

prescribed in paragraph (c) of this section.

It is in the best interest of the public that maximum altitudes are the relevant factor and not minimum

altitude. We are seeking to cap our altitude to 200 feet AGL since we deem that altitude is satisfactory

to obtain the necessary aerial data, photography and videography information for most properties in our 

geographical area. Emergency situations of a sUAS is unlike fixed wing aircraft or helicopters and we do 

not believe that these regulations are applicable to our request. All our flights will be pre-planned, land or 

property owners notified as well as any local police. All non-participants will be required to maintain a 

distance of 500 feet at all times.
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 200 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 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. Regarding altimeter 

settings is inapplicable insofar as our UAS utilizes electronic global positioning systems with a 

barometric sensor

14 CFR 91.151 Fuel requirements for flight in VFR conditions:

(a) No person may begin 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 least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

All flights will be performed in good visible conditions since quality photography depends upon 

favorable lighting, visibility and wind conditions. Because of the light weight nature of the DJI Phantom

3 and the 3DR IRIS+ it is essential even with the use of a gimbal to fly fn favorable conditions. The 

Batteries in use have approximately 15 to 25 minutes of battery life but deem it necessary to assure safety 

to replace battery after 15 minutes of flight time (approx. 25% remaining). Most photographic projects 

will be completed within 20 to 30 minutes.

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

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to

comply with this subparagraph (except a special flight permit, a copy of the applicable operations

specifications issued under § 21.197 c of this chapter, appropriate sections of the air carrier manual

required by parts 121 and 135 of this chapter containing that portion of the operations specifications

issued under § 21.197 c or an authorization under § 91.611 ) must have on it the registration number

assigned to the aircraft under part 47 of this chapter . However, the airworthiness certificate need not

have on it an assigned special identification number before 10 days after that number is first affixed

to the aircraft. A revised airworthiness certificate having on it an assigned special identification

number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight

Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United

States, the second copy of the Aircraft registration Application as provided for in § 47.31 c or a

registration certification issued under the laws of a foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph

(a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew.
It is not practical or possible for a lightweight sUAS to carry certification and registration papers. There is

no physical cockpit to display such documents and we therefore see that this is inapplicable; however, we

deem it necessary to have our business identification and tax registration as well as any exemption that

we hope to receive from the FAA available at any flight location that we are actively engaged.

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

The above-cited Regulations require, amongst other things, aircraft owners and

operators to “have [the] aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply 4Prop Production UAS's. However, as a safety precaution we inspect our

UAS before and after each flight.

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

(a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight

instruction unless that aircraft has fully functioning dual controls. However, instrument flight

instruction may be given in an airplane that is equipped with a single, functioning throw over control

wheel that controls the elevator and ailerons, in place of fixed, dual controls, when:

(1)The instructor has determined that the flight can be conducted safely; and

(2)The person manipulating the controls has at least a private pilot certificate with appropriate

category and class ratings.

Because of the nature of sUAV, it is not possible to secure dual controls; however, since the DJI Phantom

3 and IRIS+ does have a home lock if loss of control occurs, the unit will return to starting point safely. 

When battery power is low, the DJI Phantom 3 and IRIS+ will also return to home base. We believe this 

regulation may be in applicable.

14 C.F.R. 91.215 ATC transponder and altitude reporting equipment and use: 

This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace must be 

equipped with automatic pressure altitude reporting equipment having a Mode C capability that 

automatically replies to Mode C interrogations.

Due to the small size and lifting capabilities of our UASs we cannot carry a traditional transponder. All 

of our operations will be under 200 feet AGL if we are operating within the 30mi reach of a mode c vail.

IN CONCLUSION:

In conclusion we refer you to all the arguments and safety precautions stated above and sincerely hope

that the FAA administrators sees that our Company will practice safety procedures and take all 

precautions necessary to incorporate our sUAS into the National Airspace in such a manner that it will not 

jeopardize general aviation and public safety. We at 4Prop Production hope that the FAA will allow us to 

pursue commercial services within the community and to conduct aerial data collection and photography.

Sincerly,

Keith W Whitehead

4Prop Production
Appendix A

See Attached Files:

 Phantom 3 Professional User manual .PDF

 IRIS- Plus Operational Manual.PDF