HAND ARENDALL LLC . LAWYERS 

Neil C. Johnston (Sr.) 

Real Estate, Land Use & Timber Practice Group 

Direct Dial (251) 694-624 7 

Direct Fax (251) 544-1618 

njohnston't handarendall.com 

RSA TOWER • ll NORTH WATER STREET, SUITE 30200 • MOBILE, ALABAMA 36602 • (251) 432-5511 

Post Office Box 123 • Mobile, Alabama 36601 • Facsimile: (251) 694-6375 

December 11, 2015 

VIA ELECTRONIC SUBMISSION - REGULATIONS.GOV 

U.S. Department of Transportation, Docket Operations 

Attn: Mr. Anthony Foxx 

Secretary of Transportation 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE. 

Washington, DC 20590-001 

Re: REQUEST FOR EXPEDITED APPROVAL-

[Small Unmanned Aircraft System - Use of Quadcopters] 

WESTERVELT ECOLOGICAL SERVICES, LLC- Applicant 

REQUEST AND APPLICATION for EXPEDITED APPROVAL of 

Exemptions by Westervelt Ecological Services, LLC under Section 

333 - FAA Reform and Modernization Act of 2012 and Part 11-

Federal Aviation Regulations from 14 C.F.R. § 21, Subpart H; 14 C.F.R. 

§ 43.7; 14 C.F.R. § 43.11; 14 C.F.R. § 45.21; 14 C.F.R. § 45.23(b); 

14 C.F.R. § 45.25; 14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. 

§ 47.3(b)(2); 14 C.F.R. § 61, Subpart E; 14 C.F.R. § 91.7(a); 14 C.F.R. § 

91.9(b)(2); 14 C.F.R. § 91.9(c); 14 C.F.R. § 91.103; 14 C.F.R. § 91.105; 

14 C.F.R. § 91.109; 14 C.F.R. § 91.113(b); 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; 14 C.F.R. § 91.215; 

14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 

91.409(a)(2); 14C.F.R. §417(a)and(b). 

Dear Mr. Foxx: 

On behalf of Westervelt Ecological Services, LLC ("WES"), we submit to you this 

Request and Application for Exemptions from certain requirements of the FAA Reform and 

Modernization Act of2012 and Regulations described above and in our Paragraph 5 herein. In 

support of our Request and Application, we will describe the operations and equipment to be 

used by WES, the necessity and reasons for exemptions, and the precautions that WES will 

implement and commit to follow. 

This Request and Application will describe the use of U AS models that are familiar to 

FAA, will not describe precedent setting issues or operations, and will benefit the public. We 

MOBILE • BIRMINGHAM • ATHENS • FAIRHOPE 
U.S. Department of Transportation, Docket Operations 

December 11, 2015 

Page2 

will respectfully request that FAA utilize the summary and expedited process for review and 

approval. 

1) The Applicant- Westervelt Ecological Ser·vices, LLC 

Westervelt Ecological Services, LLC is a private limited liability company currently 

doing business in Alabama, Florida, Mississippi and California offering conservation services. 

WES establishes then operates (a) Mitigation Banks for riparian, wetland, floodplain, stream, 

riverine and venal pool conservation and preservation, as well as (b) Habitat Conservation Banks 

for threatened and endangered species. 1 

WES develops and manages over 15,000 acres consisting of many parcels of 

environmentally sensitive forestland, open space, grasslands, wetlands and aquatic habitats, 

wildlife and endangered species' habitats, and biologically diverse lands in several states. Each 

land holding consists of a preservation "bank" approved by and operated pursuant to the state 

and federal laws. The laws and regulations pertaining to mitigation and conservation banks 

require active management, inspections, monitoring, and documenting inventory and baseline 

conditions of timber, natural resources, habitat, wildlife, restricted activities, and changes due to 

natural events, climatic events, and extraordinary events. WES actively manages their lands, 

natural resources and "bank" properties utilizing aerial and ground photography, mapping and 

surveys to monitor conditions of all assets and boundaries; to enforce compliance and document 

compliance by WES and WES's employees and contractors, and compliance by adjacent 

landowners; to inspect surface activities and structures; and to identify, record, and remove 

exotic and invasive plants (such as Chinese tallow or "popcorn trees", privet, Japanese climbing 

ferns, cogon grass, kudzu and many others). 

The name and address of the Applicant is: 

Physical: 

Westervelt Ecological Services, LLC 

Attn: Ray F. Robbins, III 

General Counsel 

1400 Jack Warner Parkway, Northeast 

Tuscaloosa, Alabama 3 5404 

rrobbins@westervelt.com 

http://www.wesmitigation.com. 

Mailing: 

Westervelt Ecological Services, LLC 

Attn: Ray F. Robbins, III 

General Counsel 

P. 0. Box 48999 

Tuscaloosa, Alabama 35404 

rrobbins@westervelt.com 

http://www. wesmitigation.com. 

1 See WES Mitigation and Conservation Services, "Exhibit A" and available at 

http://www.wesmitigation.com/mitigation-conservation-services/. 
U.S. Department of Transportation, Docket Operations 

December 11, 2015 

Page 3 

2) Descr·iption of Operations 

WES requests permission to operate two (2) small, unmanned, lightweight and relatively 

inexpensive aircraft systems, the DJI Phantom 2 Quadcopter ("Phantom"),2 under controlled 

conditions in airspace that is remote, limited and predetermined. This will enable WES to safely 

and efficiently use the Phantoms for aerial data collection utilizing and taking advantage of the 

evolving technologies and instruments that can be used with and attached to the Phantoms, 

monitor surface conditions and various ecological occurrences on conservation lands managed 

by WES. WES is in constant contact with government agencies, education institutions, 

commercial and private landowners, and adjacent landowners to the mitigation and conservation 

banks where WES will be operating the Phantoms which will facilitate WES's ability to obtain 

consent from all landowners and any person who could potentially come within 500 feet of the 

Phantoms' operations. 

Conservation and mitigation banks require continuous management, surveying, aerial 

photography, recording inventory, providing surveillance, and boundary line maintenance and 

monitoring are ongoing commercial operations and processes conducted by WES. WES 

monitors the "bank" properties regularly and keeps documentation (such as reports, updated 

photographs and maps) of each monitoring activity. 

WES is dedicated to land stewardship, preserving land for future generations and 

providing 21st Century solutions and sound scientific applications for clients by offering 

compensatory mitigation credits for their operations by restoring natural functions and 

integrating the conservation and preservation of critical natural resources and vulnerable habitats 

throughout the Southeast and California focusing on innovative applications in land management 

and conservation, environmental resource enhancement and biological diversity in compliance 

with applicable regulations. 

Your summary and expedited approval of WES' s Request and Application for the 

Exemptions stated herein will benefit the public, the environment, and the natural resources by 

improving the management, monitoring and aerial data collection used by WES in their 

conservation and mitigation bank operations by adding much needed aerial reconnaissance and 

photography in real time at reduced risk and reduced costs. The Exemptions will also reduce 

direct and indirect safety and environmental impacts on each of WES 's properties from "on the 

ground" vehicular intrusion and noise, and reduce or eliminate expensive surveying and aerial 

photography by conventional manned aircraft with the associated and disruptive noise and fuel 

exhaust air contaminants. The Exemptions will enable WES to perform and provide research 

and educational data and opportunities, and to better monitor and research climate change and 

influence on certain properties without emitting any carbon footprint. 

The Exemptions will provide WES an additional and safer method of collecting critical 

data, and performing mandatory land management, inspections, and monitoring of 

environmentally critical forestlands, wetlands, watersheds, water resources and other 

2 See DJI - Phantom 2 User Manual, "Exhibit B" attached hereto. 
U.S. Department of Transportation, Docket Operations 

December 11, 2015 

Page4 

ecologically sensitive lands, wildlife and natural resources fulfilling the Secretary of 

Transportation's responsibility to" ... establish requirements for the safe operation of such 

aircraft systems in the national airspace system. "3 

3) The UAS 

a. Description of UAS 

WES requests the Exemptions for use of each of the Phantoms, small unmanned aircraft 

systems ("UAS"), for land and conservation management, site inspections, monitoring, and 

conducting necessary aerial data collection including surveying, mapping, and aerial 

photography. 

i. Flight Time and Weight 

The Phantom's flight time is 15 to 20 minutes (using the described power and battery) 

although the specifications indicate 25 minutes. The Phantom weighs less than 55 pounds. 

ii. Mobile Vision 

The operator may track the current flight and see what the Phantom sees through a 

mobile device. 

iii. No Fly Zone 

The Phantom includes No Fly Zone software to increase flight safety and prevent 

accidental flights into restricted areas. 

1v. Manufacturer Updates 

The Phantom can connect to computers to receive manuf~1cturer (DJI) firmware and 

applications, updates, news, alerts, and support. 

v. Remote Control 

The remote control contains a gimbal control dial, a trainer port, a built-in rechargeable 

LiPo battery with a capacity of 2000mAh, battery level LED indicators, and a throttle locking 

feature. 

3 Reform Act Section 333 (c). 
U.S. Department of Transportation, Docket Operations 

December 11 , 20 15 

Page 5 

vi. Anti-static Compass 

The Phantom has an anti-static compass with a protective shell. Together, these 

equipment features ensure WES and the UAS will "not create a hazard to users of the national 

airspace system or the public. "4 

viii. Flight Limitation Application 

The Phantom has software to prevent the UAS from flying into restricted areas, such as 

airports. The software creates a five mile safety zone around the restricted area. The operator is 

notified when the Phantom is 330 feet away from a safety zone. If the Phantom is five miles 

from an airport, the UAS cannot fly higher than 400 feet. This height limit decreases as the UAS 

moves closer to the airport so that when the UAS is 1.5 miles away, the Phantom may not fly 

higher than 35 feet. If this occurs, the operator has full control of the Phantom's movement, 

except that the Phantom will automatically descend to the restricted height. The operator is 

prevented from initiating flight if the Phantom is within 1.5 miles from a restricted area. If the 

operator accidentally flies into a safety zone due to a loss of GPS signal, the Phantom will land 

immediately once the signal returns. If this occurs, the operator may control the Phantom, with 

the exception that the operator cannot make the UAS ascend in altitude. In addition, the 

Phantom has features that allow the operator to manually set height limitations and limit how 

close a Phantom may fly to a safety zone. 

b. Phantom 2 Equipment Factmy Specijicatiom·

5 

Aircraft 

Operating Environment Temperature -10°C to 50°C 

Power Consumption 5.6W 

Supported Battery DJI Intelligent Battery 

Weight (Including the Battery) lOOOg 

Take-Off Weight :S1300g 

Hovering Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity 200° /s 

Max Tilt Angle 35° 

Max Ascent I Descent Speed Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed 15m/s (Not Recommended) 

Wheelbase 350mm 

2.4GHz Remote Controller 

Operating Frequency_ 2.4GHziSM 

Communication Distance (Open Area) 1000m 

Receiver Sensitivity (1% PER) -97dBm 

4 Reform Act Section 333 (b). 

s See DJI - Phantom 2 User Manual, "Exhibit B" attached hereto, Appendix 8, part 8.1 Specifications. 
U.S. Department of Transportation, Docket Operations 

December 11,2015 

Page 6 

Working Current/Voltage 120mA@3.7V 

Built-in LiPo Battery Working 3. 7V, 2000mAh 

Current/Capacity 

DJI Intelli~ ent Battery 

Type 3 S LiPo Battery 

Capacity 5200mAh, ll.IV 

Charging Environment Range ooc to 40°C 

Discharging Environment Range -20°C to 50°C 

4) Limited and Predetermined Use 

WES agrees to be bound by the following limitations and conditions when conducting 

management, aerial data collection, inspection, mapping, surveying, and monitoring operations 

under an FAA issued exemption: 

I. Phantom Weight: The UAS will weigh less than 55 pounds including energy 

source(s) and equipment. Operations will be limited to two (2) DJI Phantom 2. 

[See "Exhibit B" attached hereto.] 

2. Limited Flight Speed: The UAS will not be flown at a speed exceeding a 

ground speed of 30 knots. 

3. Flight Altitude Limit: Flights will be operated at an altitude of no more than 

400 feet above ground level. 

4. VLOS: The UAS will be operated within the visual line of sight ("VLOS") of 

the pilot in command ("PIC") at all times. This requires the PIC to be able to use 

human vision unaided by any device other than corrective lenses. 

5. VO: All operations will use a visual observer ("VO"). The VO may be used to 

satisfy the VLOS requirement, as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times. 

6. Preflight Inspection: Prior to each flight, the PIC will inspect the UAS to ensure 

it is in a condition for safe flight. If the inspection reveals a condition that affects 

the safe operation of the VAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is re-inspected and 

found to be in a condition for safe flight. If there is a ground control station, it 

must be included in the preflight inspection. All maintenance and alterations will 

be properly documented in the UAS records. 

7. Flight Functional Test: Any UAS that has undergone maintenance or alterations 

that affect UAS operations or flight characteristics such as the replacement of a 

flight critical component will undergo a flight functional test. The PIC who 

conducts the flight functional test will make an entry in the UAS aircraft records 

of the flight. 

8. Manufacturing Requirements: WES will follow the manufacturer's 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit 

requirements. At a minimum, this will include requirements for the following: 

actuators, transmission (single rotor), powerplant (motors), propellers, electronic 
V. S. Department of Transportation, Docket Operations 

December 11, 2015 

Page 7 

speed controller, batteries, mechanical dynamic components (single rotor), remote 

command and control, and ground control station (if used). 

9. Operating and Flight Precautions: 

(a) The VAS will not be operated directly over any person, except authorized 

and consenting personnel, or below an altitude that is hazardous to persons 

or property on the surface in the event of a VAS failure or emergency. 

(b) Regarding the distance from participating persons, those persons must be 

essential to the aerial data collection, management, surveillance and 

research, conservation and environmental monitoring operations and any 

surveying operations. Because these procedures are specific to 

participating persons, no further Flight Standards District Office 

("FSDO") or Aviation Safety Inspector approval is necessary for 

reductions to the distances specified. 

(c) Regarding the distance from non-participating persons, WES will ensure 

that no persons are allowed within 500 feet of the area except those 

consenting to be involved and necessary for the operations. This provision 

may be reduced to no less than 200 feet if it would not adversely affect 

safety and the Administrator has approved the reduction. 

(d) If the VAS loses communications or loses the GPS signal, the VAS will 

return to the original takeoff point. 

(e) The VAS will abort the flight in the event ofunpredicted obstacles or 

emergencies. 

(f) Each VAS operation must be completed within 25 minutes flight time or 

with 25% battery power remaining, whichever occurs first. 

10. Maintenance: WES will develop procedures to document and maintain a record 

of the VAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the VAS. 

13. Safety Bulletins: The VAS will be operated by WES in compliance with all DJI 

(the manufacturer) Safety Bulletins. 

14. Radio Frequency: Before conducting operations, the radio frequency spectrum 

used for operation and control of the VAS will comply with the Federal 

Communications Commission ("FCC'') or other appropriate government 

oversight agency requirements. 

15. Plan of Activities: At least three days before scheduled use, WES will submit a 

written Plan of Activities to the local FSDO with jurisdiction over the area of 

proposed VAS use. The three-day notification may be waived with the 

concurrence of the FSDO. The Plan of Activities will include at least the 

following: 

(a) Date and times for all flights. 

(b) Name and phone number of the operator of the VAS under this grant. 

(c) Make, model, and serial number or FAA issued N-number or registered 

number of VAS to be used. 

(d) Name and age ofthe VAS's PIC involved. 

(e) Statement that the operator has obtained permission from property owners 

and/or local officials. 
U.S. Department of Transportation, Docket Operations 

December 11, 2015 

Page 8 

(f) The signature of exemption-holder or representative. 

(g) Description of the flight activity, including maps and diagrams of any 

area, city, town, county and/or state over which UAS use will be 

conducted and the altitudes essential to accomplish the operation. UAS 

operations will not be conducted during night, as defined in 14 C.F .R. 

§ 1.1. 

(h) All operations will be conducted under visual meteorological conditions 

("VMC"). 

16. Documents: The DJI Flight User Manual will be available to the PIC at the 

ground control station or ground control point of the UAS any time the aircraft is 

operating. 

17. Right of Way: The UAS will remain clear of and yield the right of way to all 

manned aircraft operations and activities at all times. 

18. Operations: 

(a) The UAS operations will not be conducted at night, as defined in 14 

C.F.R. § 1.1. All operations will be conducted under VMC. 

(b) The UAS will not be operated by the PIC from any moving device or 

vehicle. 

(c) The UAS will not be operated less than 500 feet below or less than 2,000 

feet horizontally from a cloud or when visibility is less than three statute 

miles from the PIC. 

(d) The UAS will not be operated in Class B, C, or D airspace. The UAS will 

not be operated within five nautical miles of the geographic center of a 

non-towered airport as denoted on current FAA-published aeronautical 

chart unless a letter of agreement with that airport's management is 

obtained, and the operation is conducted in accordance with Notice to 

Airmen as required by the Applicant's COA. The letter of agreement with 

the airport management will be made available to the Administrator upon 

request. 

19. Accident Reports: Any incident, action, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined by the applicable 

COA must be reported to the FAA's Integration Office (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board 

("NTSB"). Further flight operations will not be conducted until the incident, 

accident, or transgression is reviewed by the AFS-80 and authorization to resume 

is provided. 

5) WES's Reguest for Exemptions and Expedited Approval 

Congress intended the FAA to allow certain operations of small UAS for conservation, 

forestry, and agricultural purposes, and certain commercial activities through the exemption 

process, even during the period before the FAA releases new rules applicable to commercial 

VAS. Due to each Phantom's small size, light weight (less than 55 pounds), built-in safety 

features, and the remote, rural, and restricted locations where the Phantoms will be operated, 

WES meets all requirements of safe, forest and wildlife UAS operations envisioned by Congress. 
V. S. Department of Transportation, Docket Operations 

December 11, 2015 

Page9 

The VAS's size, weight, limited range and flight capacity, and restricted use on lands and 

near structures owned, developed, managed, inspected, and monitored by WES in no way 

presents a national security issue. The Exemptions requested by WES provide for the equivalent, 

if not a higher, level of safety than the current regulatory scheme provides due to the dangers 

associated with much larger, heavier, and faster conventional manned aircraft. 

In the alternative, many of WES' s operations meet the "special purpose operations" 

descriptions of 14 C.F.R. § 21.25(b)(1) Agriculture; (b)(2) Forest and Wildlife Conservation; 

(b)(3) Aerial Surveys, Photography, and Mapping; and (b)(4) Conservation Lands. 

Based on the facts and descriptions we have provided for you on behalf of WES, we 

respectfully request that the FAA expedite the review and approval process and grant the 

following requested exemptions: 

14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.7; 14 C.F.R. § 43.11; 14 C.F.R. § 45.21; 14 

C.F.R. § 45.23(b); 14 C.F.R. § 45.25; 14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 

47.3(b)(2); 14 C.F.R. § 61, Subpart E; 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2); 14 

C.F.R. § 91.9(c); 14 C.F.R. § 91.103; 14 C.F.R. § 91.105; 14 C.F.R. § 91.109; 14 C.F.R. 

§ 91.113(b); 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; 14 C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 

14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b). 

a. 14 C.F.R. 21, Subpart H: Airworthiness Certificate 

WES requests an exemption from 14 C.F.R. 21, Subpart H. This Subpart establishes 

the procedures for the issuance of an airworthiness certificate. WES requests an exemption from 

Part 21, Subpart H because the Phantom meets an equivalent level of safety pursuant to Section 

333 of the Reform Act due to its small size, light weight, and remote or rural operating 

environments. 

b. 14 C.F.R. 43 

i. 43.7: Persons Authorized to Approve Maintenance, Rebuilding, and 

Operation 

WES requests an exemption from 14 C.F.R. 43.7. This part provides that the holder of 

a mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft 

engine, propeller, appliance, or component part for return to service. WES operators will 

conduct inspections and maintenance based on maintenance guidelines provided by DJI, the 

manufacturer ofthe Phantom. The capabilities ofWES operators to maintain and repair the 

VAS will meet the requirements for an equivalent level of safety pursuant to Section 333 for this 

type of VAS, its intended use, and the remote or rural operating environments. 
U.S. Department of Transportation, Docket Operations 

December 11, 20 15 

Page 10 

ii. 43.11: Records for Inspections 

WES requests an exemption from 14 C.F.R. 43.11. This part provides that 

maintenance record entries be maintained, that the inspector list discrepancies, and to affix 

placards to the aircraft. This UAS, due to its small size, does not have room for placards to be 

placed in or on it and no inspections for UAS have been certified by FAA at the present time. 

However, as a condition to the grant of the exemption, WES will keep records and log books of 

all maintenance and repairs. 

c. 14 C.F.R. 45 

i. 45.21: General 

WES requests an exemption from 14 C.F.R. 45.21. This part provides that except as 

provided in§ 45.22, no person may operate a U.S.-registered aircraft unless that aircraft displays 

nationality and registration marks in accordance with the requirements of this section and§§ 

45.23 through 45.33. As a condition to the grant of the exemption, WES will provide the make, 

model, and serial number of the UAS so the registration number ("N" number) can be assigned 

and displayed where practicable as addressed in this Request and Application for Exemptions as 

large as practicable. 

ii. 45.23 (b): Maa·king of the Aircraft 

WES requests an exemption from 14 C.F.R. 45.23(b). This regulation requires: 

When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less 

than 2 inches nor more than 6 inches high, the words 11 limited,,. 

"restricted," "light-sport," "experimental," or "provisional," as 

applicable. 

Even though the UAS will have no airworthiness certificate, WES requests an exemption 

from this requirement since the Phantom will have no entrance to the cabin (no cabin), cockpit 

(no cockpit), or pilot station on which the word "Experimental" or such other required 

description can be placed. Given the size of the UAS, two-inch lettering will be impossible, 

WES is willing to place the appropriate word on the UAS in compliance with§ 45.29(f). The 

equivalent level of safety will be provided by having the UAS marked as required by § 45.29(f) 

where the pilot, observer and others working with the UAS will see the identification of the UAS 

or such other required lettering. 
U.S. Department of Transportation, Docket Operations 

December II, 2015 

Page 11 

iii. 45.25: Location of Marks on Fixed-Wing Aircraft 

WES requests an exemption from 14 C.F.R. 45.25. The UAS is a multirotor, 

quadcopter, model-sized aircraft and is not a fixed-wing aircraft. Therefore, 14 C.F.R. 45.25 by 

its terms does not apply. 

iv. 45.27: Location of Marks: Nonfixed-Wing Aircraft 

WES requests an exemption from 14 C.F.R. 45.27. This part provides that each 

operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, 

fuselage, boom, or tail the marks required by§ 45.23. The UAS, due to its small size, does not 

have a cabin, fuselage, boom or tail to display the marks required by§ 45.23. 

v. 45.29: Size of Marks 

WES requests an exemption from 14 C.F.R. 45.29. This part provides at subpart (3) 

that the registration marks for rotorcraft must be at least 12 inches high. The UAS, due to its 

small size, does not have any surface area large enough to display marks anywhere near 12 

inches high. However, as a condition to the grant of the exemption, WES is willing to place an 

aircraft mark on one or more of the 11 arms 11 of the UAS. The size of the marking will be 

determined by the size of the ,.arm,. being used and may be less than one inch in size; however, 

the registration or "N" numbers will be as large as possible. 

d. 14 C.F.R. 47.3(b)(2): Registration Required 

WES requests an exemption from 14 C.F.R. 47.3(b)(2). This part provides: 

(b) No person may operate an aircraft that is eligible for 

registration under 49 U.S.C. 44101 -44104, unless the 

aircraft-

(1) Has been registered by its owner; [or] 

(2) Is carrying aboard the temporary authorization 

required by§ 47.31(c). 

As a condition to the grant of exemptions, WES will register the UAS and provide the 

make, model and serial number, so that the UAS can be assigned a registration number ("N" 

number) provided by FAA and which will be displayed where practicable as large as practicable. 

e. 14 C.F.R. 61, Subpart E- Certification: Private Pilots 

WES requests an exemption from 14 C.F.R. 61, Subpart E. Section 61, Subpart E 

describes the requirements for issuance of private pilot certificates and the general operating 

rules for persons who hold those certificates and ratings. Because the UAS will not carry a pilot 

or passengers, the proposed operations can achieve the equivalent level of safety of current 
U.S. Department of Transportation, Docket Operations 

December II, 2015 

Page 12 

operations by requiring the PIC operating the UAS to have completed a UAS flight training 

course before flying the UAS. 

Unlike a conventional manned aircraft that carries the pilot and passengers, the UAS is 

small in size, weighs less than 55 pounds with payload, is remotely controlled, and has no 

humans on board. The area of operation is controlled and restricted, and all flights are planned 

and coordinated in advance. The level of safety exceeds that provided by a single individual 

holding a commercial pilot's certificate operating a conventional manned aircraft. The risks 

associated with the operation of the UAS are much reduced from the level of risk associated with 

conventional manned aircraft operations contemplated by Part 61. Allowing the Exemptions and 

special purpose operations of the UAS as requested by WES with an operator who has met the 

requirements of safety and training. 

f. 14 C.F.R. 91 

i. 91.7(a): Civil Aircraft Ainvorthincss 

WES requests an exemption from 14 C.F.R. 91.7(a). The regulation requires that no 

person may operate a civil aircraft unless it is in airworthy condition. Given the small size, light 

weight, and low noise level output of the UAS, the requirements for maintenance, and the use of 

safety checklists prior to each flight, an equivalent level of safety will be provided. 

ii. 91.9(b)(2): Civil Aircraft Flight Manual [in the Aircraft], Marking, 

and Placard Requirements 

WES requests an exemption from 14 C.F.R. 91.9(b)(2). Section 91.9(b)(2) provides: 

(b) No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual 

is not required by§ 2I.5 of this chapter, unless there 

is available in the aircraft a current approved 

Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any 

combination thereof. 

The UAS, given its small size and configuration, has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the UAS. 

The equivalent level of safety will be maintained by keeping the manufacturer's User 

Manual at the ground control point where the operator flying the UAS will have immediate 

access to it. 
U.S. Department of Transportation, Docket Operations 

December 11, 2015 

Page 13 

iii. 91.9(c): Civil Aircraft Flight Manual, Marldng, and Placard 

Requirements 

WES requests an exemption from 14 C.F.R. 91.9(c). This part provides: 

(c) No person may operate a U.S.-registered civil aircraft 

unless that aircraft is identified in accordance with part 45 

of this chapter. 

The UAS, due to its small size, does not have room to contain a fireproof placard or to 

display aircraft marks in a conventional size. However, as a condition to the grant of the 

exemption, WES will affix an aircraft mark to one or more of the "arms" of the UAS. The size 

of the marking will be determined by the size of the "arm" being used and may be less than one 

inch in size, but as large as practicable. 

iv. 91.103: Preflight Action 

WES requests an exemption from 14 C.F.R. 91.103. This regulation requires each PIC 

to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft 

flight manuals will not be provided for the UAS, an exemption is needed. The PIC will take all 

actions following the DJI preflight inspection including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. 

v. 91.105: Flight Crcwmcmbers at Stations 

WES requests an exemption from 14 C.F.R. 91.105. WES requests an exemption from 

14 C.F.R. 91.105 since this part is not applicable due to the UAS carrying no flight 

crewmembers. However, to achieve an equivalent level of safety, WES will not operate the 

aircraft unless the same PIC is at the controls at all times. 

vi. 91.109: Flight Instruction; Simulated Instrument Flight and Certain 

Tests 

WES requests an exemption from 14 C.F.R. 91.109. Section 91.109 provides that 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. UAS and remotely piloted 

aircraft, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. The 

equivalent level of safety is provided because the UAS will not carry pilots or passengers, and 

relevant landowners will have prior notice of each flight. 
U.S. Department of Transportation, Docket Operations 

December 11, 2015 

Page 14 

vii. 91.113(b): Right-of-Way Rules 

WES requests an exemption from 14 C.F.R. 91.113(b) to the extent that it applies to 

overhead aircraft operating at or above 500 feet above ground level as the UAS will be operating 

no higher than 400 feet above ground level. This part provides: 

(b) General. When weather conditions permit, regardless of 

whether an operation is conducted under instrument flight 

rules or visual flight rules, vigilance shall be maintained by 

each person operating an aircraft so as to see and avoid 

other aircraft. When a rule of this section gives another 

aircraft the right-of-way, the pilot shall give way to that 

aircraft and may not pass over, under, or ahead of it unless 

well clear. 

For example, if another aircraft is operating overhead at 10,000 feet above ground level, 

there is no danger posed to that other aircraft if the UAS is operating beneath 400 feet above 

ground level. However, as a condition to the approval of exemption, WES will operate its UAS 

to see and avoid and give way to other aircraft that should enter airspace at or below 400 feet 

above ground level. 

viii. 91.119: Minimum Safe Altitudes 

WES requests an exemption from 14 C.F.R. 91.119. Section 91.119 establishes safe 

altitudes for operation of civil aircraft. Section 91.119( c) prevents flying an aircraft at an altitude 

of less than 500 feet or operating an aircraft closer than 500 feet to any person, vessel, vehicle, or 

structure. As this exemption requests authority to operate at altitudes up to 400 feet, an 

exemption is needed to allow such operations. As set forth herein, the UAS will never operate at 

higher than 400 feet above ground level. It will however be operated in a remote area on private 

property with the landowner's consent. 

The equivalent level of safety will be achieved given the size, weight, limited speed of 

the UAS as well as the remote location where it is operated. No flight will be taken without the 

permission of the landowner or local officials. Because of the advance notice given to the 

landowner, all affected individuals will be aware of the planned flight. Compared to flight 

operations with aircraft or rotorcraft weighing far more than the "less than 55 pounds" proposed 

herein and the lack of flammable fuel on the UAS, any risk associated with the UAS operations 

is far less than those presented by conventional manned aircraft operating at or below 500 feet 

above ground level for aerial data collection and environmental monitoring. In addition, the lowaltitude operations ofthe UAS will ensure separation between these small-UAS operations and 

the operations of conventional manned aircraft that must comply with Section 91.119. 
U.S. Department of Transportation, Docket Operations 

December 11, 2015 

Page 15 

ix. 91.121: Altimeter Settings 

WES requests an exemption from 14 C.F.R. 91.121. This regulation requires each 

person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set 

"to the elevation of the departure airport or an appropriate altimeter setting available before 

departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read 

out, an exemption is requested. An equivalent level of safety will be achieved by the operator 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight as 

well as the operator receiving live feedback information about the UAS, including the height of 

the UAS, its forward velocity, and compass heading. The operator will be able to observe and 

control the maximum height of the UAS. Additionally, the UAS will be operated within the line 

of sight of the PIC. 

x. 91.151(a): Fuel Requirements for Flight in Visual Flight Rules 

("VFR") Conditions 

WES requests an exemption from 14 C.F.R. 91.151(a). Section 91.151(a) prohibits an 

individual from beginning "a flight in an airplane under visual flight rules 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." 

The battery powering the UAS provides approximately 10 to 25 minutes of powered 

flight making it impossible to meet the 30 minute reserve requirement in 14 C.F .R. §91.151. 

Given the limitations on the UAS's proposed flight area and the location of its proposed 

operations within a predetermined and remote area, a lower minimum battery power requirement 

in daylight or night VFR conditions is reasonable. WES believes that an equivalent level of 

safety can be achieved by limiting flights to 25 minutes or 25 percent of battery power, 

whichever happens first. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its limited and remote operating area. 

xi. 91.203(a) & (b): Carrying Civil Aircraft Certification and 

Registration 

WES requests an exemption from 14 C.F.R. 91.203 (a) and (b). The regulation 

provides in pertinent part: 

(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. 

(b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this 
U.S. Department of Transportation, Docket Operations 

December 11,2015 

Page 16 

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. 

The UAS fully loaded weighs less than 55 pounds and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS. 

xii. 91.215: ATC Transponder and Altitude Reporting Equipment and 

Use 

WES requests an exemption from 14 C.F.R. 91.215. This section requires that 

installed Air Traffic Control ("ATC") transponder equipment must meet specific performance 

and environmental requirements, and aircraft must be equipped with an operable coded radar 

beacon transponder. 

There are presently no known commercially available ATC transponders that meet the 

payload requirements of a small UAS and are available at reasonable cost. However, because 

the UAS used by WES will not be flying into or near airports, and will fly no higher than 400 

feet above ground level, there is very low risk of collision with any manned aircraft. In addition, 

because there will be no need to have contemporaneous communication with Air Traffic Control, 

due to the short distances, short flight times, and restricted altitude the UAS will operate within, 

WES requests an exemption from this section. Additionally, the UAS is too small to contain 

ATC transponder equipment in any form that is known to be available commercially. 

xiii. 91.405 (a) & (d); 407 (a)(1); 409 (a)(2); 417(a) & (b): Maintenance 

Inspections 

WES requests an exemption from 14 C.F.R. 91.405 (a) and (d); 407 (a)(1), 409(a)(2), 

and 417 (a) and (b). These regulations require that an aircraft operator or owner "shall have that 

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 . .. ,"and others shall inspect or maintain the aircraft in compliance with 

Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to WES. Maintenance will be accomplished by the 

operator pursuant to the manufacturer's Phantom 2 User Manual. An equivalent level of safety 

will be achieved because these small VAS are very limited in size and will carry a small camera 

or other data collecting equipment, and operate only in remote and restricted areas for limited 

periods of time. If mechanical issues arise, the VAS can land immediately and will be operating 

from no higher than 400 feet above ground level. The operator will ensure that the VAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any 
U.S. Department of Transportation, Docket Operations 

December II, 20 I5 

Page I7 

maintenance performed. Moreover, the operator is the person most familiar with the UAS and 

best suited to maintain the UAS in an airworthy condition to provide the equivalent level of 

safety. 

6) Summary for the Federal Register, If Necessary 

The following summary, if necessary, is provided for publication in the Federal 

Register in accord with 14 C.F.R. Part 11: 

WES requests exemptions from the following rules: 

I4 C.F.R. 2I, Subpart H; I4 C.F.R. § 43.7; I4 C.F.R. § 43.1I; 

I4 C.F.R. § 45.21; I4 C.F.R. § 45.23(b); I4 C.F.R. § 45.25; 

14 C.F.R. § 45.27; I4 C.F.R. § 45.29; 14 C.F.R. § 47.3(b)(2); 

I4 C.F.R. § 6I, Subpart E; I4 C.F.R. § 91.7(a); I4 C.F.R. 

§ 91.9(b)(2); I4 C.F.R. § 91.9(c); I4 C.F.R. § 9l.I03; I4 C.F.R. 

§ 91.105; I4 C.F.R. § 91.109; I4 C.F.R. § 91.113(b); I4 C.F.R. 

§ 91.119; I4 C.F.R. § 91.12I; 14 C.F.R. § 9l.I51(a); I4 C.F.R. 

§ 91.203; 14 C.F.R. § 91.2I5; 14 C.F.R. § 91.405(a) and (d); 

14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); I4 C.F.R. 

§ 417(a) and (b) 

to operate commercially small unmanned aircraft systems (55 pounds or less) to assist the 

management of mitigation and conservation bank lands, and to monitor, map, aerially 

photograph, survey and perform usual inspections by air of land, timber inventory, forest and 

road conditions, wildlife and ecologically important resources, boundary lines, and other 

property for management, information, compliance and research purposes. 

Allowing small UAS to be used for commercial land and timber management, 

environmental stewardship, conservation banking and planning, research, educational, and 

monitoring purposes enhances safety by eliminating risks associated with conventional 

surveillance operations, which traditionally use larger manned aircraft and must operate at low 

altitudes, weigh thousands of pounds, and carry large amounts of fuel. Approval of the 

Exemptions, in contrast, would allow a battery operated small UAS weighing less than 55 

pounds and no human passengers to complete the same job with virtually no risk. Under these 

conditions, the Phantoms proposed will provide an equivalent, if not higher, level of safety in 

the aerial data collection and environmental surveillance field, which supports the grant of this 

Request and Application for Exemptions. 

7) Privacy 

All flights will occur over private or controlled access property with the landowner's 

prior consent and knowledge. Because overflight areas will be controlled, restricted, remote or 

rural, there is little chance that there will be inhabited houses in the visual area or other people 

who have not consented to being in close proximity with each Phantom. No attempt will be 
U.S. Department of Transportation, Docket Operations 

December 11, 2015 

Page 18 

made to identify any individuals filmed during the flights except in cases where those persons 

are conducting unauthorized activities, are trespassing upon the WES lands, or are damaging any 

of the land, structures, forests, wildlife or natural resources under the management and regulatory 

responsibility ofWES, or interfering with any ofWES's mitigation, conservation, management, 

or monitoring operations. 

8) Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012- size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security -provide more than adequate justification for the grant 

of the requested Exemptions allowing WES to use each Phantom for and during the aerial data 

collection, management, research, and educational operations of WES. 

We request that the FAA recognize that this Request and Application will benefit the 

public, will not be precedent setting, that delays would be detrimental to WES, and qualifies for 

FAA's summary and expedited review and approval. 

NCJ:lhm 

Exhibits Enclosed: 

A. WES Mitigation and Conservation Services 

B. DJI - Phantom 2 User Manual 

C. DJI - Phantom 2 Specifications 

cc: Westervelt Ecological Services, LLC 

Attn: Ray F. Robbins, III, General Counsel 

2253833_1