### Date: May 4 th 

### 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 exemption s from the regulations listed below until the FAA addresses and redefines the use and regulations of sUAV for commercial operations.

I, Keith W Whitehead, P resident and co

- owner of 4Prop Production have been a FAA licens ed 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 s afety with each flight

. FAA Private Pilot certificate # 3353460. I

have b een also flying remote control aircraft line of sight for 33 y ears 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 p artner Jay E Krick . W e are professio nally awa re 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 bel ow so that 4Prop Production, may operate a UAS commercially in Class G airspace regulated by the Federal Aviation Administratio n.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

increa sed 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 condition s, within visual line of sight “VLOS” , at
low altitudes of 400 feet abov e 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 Pil ot responsi ble to maintain safe operations, ensur e current requirements are m et and consistently assure an open line of

communica tion with the FAA.

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

Exemption No. 1 1419 in that NMotion UAS is committed in public safety, as well as, aerial photography and inspection of s tructures

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. 114

30 in that Aerial Optics commercially conducts a erial 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. 91.215Keith W Whitehead President and Jay E K rick Vice President of 4Pro Production is petitioning for

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

u tilizing 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 comman d ( 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 s ystem 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

• Unmanne d aerial sightseeing

• Construction site inspections and monitoring

• Building inspections

PILOT IN COMMAND AND OBSERVER QUALIFICATIONS AND DUTIES

T he PIC will maintain at minimum a FAA Sports Pilot Certificate and a curre nt vaild state drivers

li c ense . 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 ra dios.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 p lanned flight

 Maintain ing a re stricted 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 sUA S 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 u sers 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

2 00 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 w ill ope rate at speeds of no more than 4 0 knots, can hover, and can simultaneously
move vertically and horizontally

.

 Operations will be restricted to flights over public or private property with out 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 highwa ys

.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 i n 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

4 Prop Production respectfully requests an exemption from the follo wing 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: 21.19 1
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, fli ghts 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. Combi ned 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 therequirement 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 i nches 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 all ow for the designated size of

the registration numbers that are referred to in t his regulation; however, we would certainl y adhere to adding registration numbers to the sUAV in an appropriate manner (largest possible characters). I do not 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.

91.1 19 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, a n 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

- contro l 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 aircraf t 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 al titudes are the relevant factor and not minimum

altitude . We are se eking to cap our altitude to 200 feet AGL si nce we deem that altitude is satisfactory to obtain the necessary aerial data, photography and videog raphy information for most properties in our geographical area. Emergency situations of a sUA S is unlike fixed wing aircraft or helicopters and we do

not believe that these regulations ar e applicable to our request. Al l 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 regulat ion 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 conf lict 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. R egarding altimeter settings is inapplicable insofar as our UAS utilizes electronic global positioning systems with a

barometric sensor

14 CFR 91.151 Fuel requirements for fli ght 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) Du ring 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 con ditions. 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 saf ety 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 containi ng 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

h ave 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 onl y 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 f or 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 u nder § 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 sUA S to carry certification and registration papers. There is

no physical cockpit to display such docu ments 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 par t 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 wil l 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 s afely; and (2)The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.

Because of the n ature of sUAV, it is not possibl e to secure dual controls; however, since the DJI Phantom

3 and IRIS+ does have a home lock if loss of control occ urs, 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 applicabl e.

14 C.F.R. 91.215 ATC transponder and altitude reporting equipment and use: This reg ulation 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 sma ll size and lifting capabilities of our UASs we cannot carry a traditional transponder. All

of o ur operations will be under 20 0 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 FA A administrators sees that our Company will practice safety procedures and take all precauti ons necessary to incorporate our sUAS into the National A irspace 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 service s with in 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