# HAND ARENDALL LLC

. LAWYERS Neil C. Johnston (Sr.) Real Estate, Land Use & Timber Practice Group Direct Dial (251) 694-6247 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 ofTransportation, Docket Operations Attn: Mr. Anthony Foxx Secretary ofTransportation West Building Ground Floor, Room w12-140 1200 NewJersey Avenue, SE. Washington, DC 20590-001 Re: REQUESTFOREXPEDITEDAPPROVAL- [Small Unmanned Aircraft System

- Use ofQuadcopters] WESTERVELTECOLOGICAL SERVICES, LLC- Applicant REQUEST AND APPLICATIONfor EXPEDITED APPROVAL of Exemptions by WesterveltEcological Services, LLC underSection 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 behalfofWestervelt Ecological Services, LLC ("WES"), we submitto you this Request and Application for Exemptions from certain requirements ofthe FAA Reform and Modernization Act of2012 and Regulations described above and in our Paragraph 5 herein. In support ofour 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 ofUAS models that are familiar to FAA, will not describe precedent setting issues or operations, and will benefitthe public. We

MOBILE • BIRMINGHAM • ATHENS • FAIRHOPEU.S. Department ofTransportation, Docket Operations December 11, 2015 Page2

will respectfully request that FAA utilize the summary and expeditedprocess 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 ofmanyparcels 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 ofa preservation 

### "bank" approved by and operated pursuantto the state and federal laws. The laws andregulations pertaining to mitigation and conservationbanks require active management, inspections, monitoring, and documenting inventory and baseline conditions oftimber, 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 ofall 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 "popcorntrees", privet, Japanese climbing ferns, cogon grass, kudzu and many others). Thename and address ofthe Applicant is: Physical: Westervelt Ecological Services, LLC 

### Attn: Ray F. Robbins, III General Counsel 1400 Jack Warner Parkway, Northeast Tuscaloosa, Alabama 35404 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.

1See WES Mitigation and Conservation Services, "ExhibitA" and available at http://www.wesmitigation.com/mitigation-conservation-services/.U.S. Department ofTransportation, Docket Operations December 11, 2015 Page 3

2) Descr·iption ofOperations WES requests permissionto 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 ofthe evolvingtechnologies and instruments that can be used with and attached to the Phantoms, monitor surface conditions and various ecological occurrences onconservation 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 couldpotentially come within 500 feet ofthe Phantoms' operations. Conservation and mitigationbanks 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) ofeach 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 byrestoring natural functions and integrating the conservation and preservation ofcritical natural resources and vulnerable habitats throughout the Southeast and Californiafocusing on innovative applications in land management and conservation, environmental resource enhancement and biological diversity in compliance with applicable regulations.
Your summary and expedited approval ofWES's Request and Application for the Exemptions stated herein will benefitthe public, the environment, and the natural resources by improving the management, monitoring and aerial data collectionused 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 oneach ofWES'sproperties from "onthe ground" vehicular intrusion and noise, and reduce or eliminate expensive surveying and aerial photography by conventional manned aircraft withthe associated and disruptive noise and fuel exhaust air contaminants. TheExemptions will enable WES to perform and provideresearch and educational data and opportunities, and to bettermonitor and research climatechange and influence oncertainproperties without emitting any carbonfootprint. The Exemptions will provide WES an additional and safer method ofcollecting critical data, and performing mandatory land management, inspections, and monitoring of environmentally critical forestlands, wetlands, watersheds, waterresources and other

2 See DJI

- Phantom 2 User Manual, "Exhibit B" attached hereto.U.S. Department ofTransportation, Docket Operations December 11, 2015 Page4
ecologically sensitive lands, wildlife and natural resources fulfilling the Secretary of Transportation's responsibilityto"

... establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." 3 3) TheUAS



### a. Description ofUAS
WES requests the Exemptions for use ofeach ofthe Phantoms, small unmanned aircraft systems ("UAS"), for land and conservation management, site inspections, monitoring, and conducting necessary aerial datacollection including surveying, mapping, and aerial photography. i. FlightTimeand Weight The Phantom'sflight time is 15 to 20 minutes (using the described power and battery) although the specifications indicate 25 minutes. The Phantomweighs less than 55 pounds. ii. Mobile Vision The operator maytrack 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. ManufacturerUpdates The Phantom can connect to computers to receive

**manuf~1cturer** (DJI) firmware and applications, updates, news, alerts, and support.

v. RemoteControl Theremote control contains a gimbal control dial, a trainerport, a built-inrechargeable LiPo batterywith a capacity of2000mAh, battery level LED indicators, and a throttle locking feature.

3 Reform Act Section 333 (c).U.S. Department ofTransportation, Docket Operations December 11 , 2015 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 "notcreate a hazard to users ofthe national airspace system orthe public."4
viii. Flight Limitation Application The Phantomhas 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 whenthe Phantom is 330 feet away from a safety zone. 

### Ifthe Phantom is five miles from an airport, the UAS cannot fly higher than 400 feet. This height limit decreases as the UAS moves closerto the airport so that when the UAS is 1.5 miles away, the Phantom may not fly higherthan 35 feet. Ifthis occurs, the operatorhas full control ofthe Phantom'smovement, except that the Phantom will automatically descend to the restricted height. The operator is prevented from initiating flight ifthe Phantom is within 1.5 miles from a restricted area. Ifthe operator accidentally flies into a safety zone due to a loss ofGPS signal, the Phantom will land immediately once the signal returns. Ifthis occurs, the operator may control the Phantom,with the exceptionthatthe operator cannot make the UAS ascend in altitude. In addition, the Phantom has features that allowthe operatorto manually setheight limitations and limit how close a Phantommay fly to a safety zone. 

### b. Phantom 2EquipmentFactmySpecijicatiom·5

Aircraft OperatingEnvironmentTemperature -10°C to 50°C Power Consumption 5.6W Supported Battery DJI Intelligent Battery Weight (Including the Battery) lOOOg Take-OffWeight :S1300g Hovering Accuracy (Readyto Fly) Vertical: 0.8m; Horizontal: 2.5m Max Yaw AngularVelocity 200° /s Max TiltAngle 35° Max Ascent 

### I Descent Speed Ascent: 6m/s; Descent: 2m/s Max Flight Speed 15m/s (Not Recommended) Wheelbase 350mm 2.4GHzRemote Controller Operating Frequency_ 2.4GHziSM CommunicationDistance (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 ofTransportation, Docket Operations December 11,2015 Page 6
Working Current/Voltage 120mA@3.7V Built-inLiPo Battery Working 3.7V, 2000mAh Current/Capacity DJI

**Intelli~**

### entBattery Type 3S LiPo Battery Capacity 5200mAh, ll.IV ChargingEnvironment Range 

# ooc to 40°C Discharging Environment Range -20°C to 50°C 4) Limited and PredeterminedUse 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. PhantomWeight: 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 "ExhibitB" attached hereto.] 2. Limited Flight Speed: The UAS will notbe flown at a speed exceeding a ground speed of30 knots. 3. FlightAltitudeLimit: Flights will be operated at an altitude ofno more than 400 feet above ground level. 4. VLOS: The UAS will be operated within the visual line ofsight ("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 otherthan 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. PreflightInspection: Priorto each flight, the PIC will inspectthe UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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. Ifthere 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

. FlightFunctionalTest: Any UAS that has undergone maintenance oralterations that affect UAS operations or flight characteristics such as the replacement ofa 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 ofthe flight. 8. ManufacturingRequirements: 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, electronicV. S. Department ofTransportation, Docket Operations December 11, 2015 Page 7
speed controller, batteries, mechanical dynamic components (single rotor), remote command and control, and ground control station (ifused). 

### 9. Operatingand FlightPrecautions: (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 orproperty onthe surface in the event ofa 

### VAS failure or emergency. (b) Regarding the distance from participatingpersons, those persons mustbe essential to the aerial data collection, management, surveillance and research, conservation and environmental monitoring operations and any surveying operations. Becausethese procedures are specificto participatingpersons, no further Flight Standards District Office 

### ("FSDO") orAviation SafetyInspector approval is necessary for reductions to the distances specified. (c) Regardingthe distance from non-participatingpersons, WES will ensure that no persons are allowed within 500 feet ofthe area except those consentingto be involved and necessary for the operations. This provision may be reduced to no less than 200 feet ifit would not adversely affect safety and the Administrator has approved the reduction. (d) Ifthe 

### VAS loses communications or loses the GPS signal, the 

### VAS will returnto the original takeoffpoint. (e) The 

### VAS will abort the flight in the event ofunpredicted obstacles or emergencies. 

### (f) Each 

### VAS operation mustbe completed within 25 minutes flight time or with 25%batterypowerremaining, whichever occurs first. 10. 

### Maintenance: WES will develop procedures to document and maintain a record ofthe 

### VAS maintenance, preventative maintenance, alterations, status of replacement/overhaul componentparts, and the total time in service ofthe 

### VAS. 13. 

### Safety Bulletins: The 

### VAS will be operatedby 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 ofthe 

### VAS will comply with the Federal Communications Commission 

### ("FCC'') orother appropriate government oversight agency requirements. 15. 

### Plan ofActivities: At least three days before scheduled use, WES will submit a written Plan ofActivities to the local FSDO withjurisdiction overthe area of proposed 

### VAS use. The three-day notification may be waived with the concurrence ofthe FSDO. The Plan ofActivities will include at least the following: (a) Date and times for all flights. (b) Name and phonenumber ofthe operator ofthe 

### VAS underthis grant. (c) Make, model, and serial number orFAA issued N-number orregistered number of

### VAS to be used. (d) Name and age ofthe 

### VAS's PIC involved. (e) Statementthatthe operator has obtained permission from property owners and/or local officials.U.S. Department ofTransportation, Docket Operations December 11, 2015 Page 8
(f) The signature ofexemption-holderorrepresentative

. (g) Description ofthe flight activity, including maps and diagrams ofany area, city, town, county and/or state overwhich UAS use will be conducted and the altitudes essential to accomplish the operation. UAS operations will notbe 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 ofthe UAS any time the aircraft is operating. 17. RightofWay: The UAS will remain clear ofand yield theright ofway to all manned aircraft operations and activities at all times. 18. Operations: (a) The UAS operations will notbeconducted at night, as defined in 14 C.F.R. 

### § 1.1. All operations will be conducted under VMC. (b) The UAS will notbe operated by the PIC from any moving device or vehicle. (c) TheUAS will notbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud orwhen visibility is less than three statute miles from the PIC. (d) The UAS will notbe operated in Class B, C, orD airspace. The UAS will not be operated within five nautical miles ofthe geographic centerofa non-towered airport as denoted oncurrent FAA-published aeronautical chartunless a letter ofagreementwiththat airport's managementis obtained, and the operation is conducted in accordance withNotice to Airmen as required bythe Applicant's COA. The letter ofagreementwith the airport management will be made available to the Administratorupon request. 19. AccidentReports: Any incident, action, or flight operationthat transgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COAmustbereported to the FAA's Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board ("NTSB"). Furtherflight operations will not be conducted until the incident, accident, ortransgression is reviewed by the AFS-80 and authorization to resume is provided. 5) WES'sReguestfor Exemptions and ExpeditedApproval Congress intended the FAAto allow certain operations ofsmall UAS for conservation, forestry, and agricultural purposes, and certain commercial activities through the exemption process, even during the period before the FAAreleases newrules 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 ofsafe, forest and wildlife UAS operations envisionedby Congress.

### V. S. Department ofTransportation, 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, ifnot a higher, level ofsafetythanthe currentregulatory scheme provides due to the dangers associated with much larger, heavier, and faster conventional manned aircraft.
In the alternative, many ofWES's operations meetthe "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 onthe facts and descriptions we have provided for you onbehalfofWES, we respectfully request thatthe 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, SubpartH:Airworthiness Certificate
WES requests an exemption from 14 C.F.R. 21, SubpartH. This Subpartestablishes the procedures for the issuance ofan airworthiness certificate. WES requests an exemption from Part 21, Subpart H because the Phantommeets an equivalent level ofsafetypursuantto Section 333 ofthe Reform Actdue to its small size, light weight, and remote orrural operating environments. 

### b. 14 C.F.R. 43 i. 43.7: Persons Authorized to ApproveMaintenance, Rebuilding, and Operation WES requests an exemptionfrom 14 C.F.R. 43.7. This partprovides that the holder of a mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine,propeller, appliance, orcomponentpart for return to service. WES operators will conductinspections and maintenance based onmaintenance guidelines provided by DJI, the manufacturer ofthe Phantom. The capabilities ofWES operators to maintain and repair the 

### VAS will meetthe requirements for an equivalent level ofsafety pursuantto Section 333 for this type of

### VAS, its intended use, and the remote or rural operating environments.U.S. Department ofTransportation, Docket Operations December 11, 2015 Page 10

ii. 

### 43.11: Records for Inspections
WES 

### requests an exemption from 14 C.F.R. 43.11. Thispartprovides 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 ofthe 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 partprovidesthat except as provided in§ 45.22, no person may operate a U.S.-registered aircraftunless that aircraft displays nationality and registration marks in accordance with the requirements ofthis section and§§ 45.23 through 45.33. As a conditionto the grant ofthe exemption, WES will provide the make, model, and serial number ofthe 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 

### ofthe 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 11limited,,. "restricted," "light-sport," "experimental," or "provisional," as applicable.
Even though the UAS will have no airworthiness certificate, WES requests an exemption from this requirement sincethe 

### Phantom will have no entrance to the cabin (no cabin), cockpit (no cockpit), orpilot station onwhichthe word "Experimental" or such otherrequired description canbeplaced. Giventhe size ofthe 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 ofsafety will be providedby havingthe UAS marked as required by §45.29(f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS or such otherrequired lettering.U.S. Department ofTransportation, Docket Operations December II, 2015 Page 11

iii. 

### 45.25: Location ofMarks on Fixed-WingAircraft 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 ofMarks: Nonfixed-Wing Aircraft WES requests an exemption from 14 C.F.R. 45.27. This partprovides that each operator ofa rotorcraft must display onthat rotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks required by§ 45.23. TheUAS, due to its small size, does not have a cabin, fuselage, boom ortail to display the marks required by§ 45.23

.



### v. 45.29: Size ofMarks WES requests an exemption from 14 C.F.R. 45.29. Thispartprovides at subpart (3) thatthe 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 ofthe exemption, WES is willing to place an aircraft mark onone ormore ofthe 11arms 11 ofthe UAS. The size ofthe marking will be determined by the size ofthe ,.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 aircraftthat is eligible for registration under49 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 ofexemptions, WES will registerthe 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, SubpartE- Certification: PrivatePilots WES requests an exemption from 14 C.F.R. 61, SubpartE. Section 61, SubpartE describes the requirements for issuance ofprivate pilot certificates and the general operating rules for persons who hold those certificates and ratings. Becausethe UAS will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent

### U.S. Department ofTransportation, 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 aircraftthat 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 onboard. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional manned aircraft. Therisks associated with the operation ofthe UAS are much reduced from the level ofrisk associated with conventional manned aircraft operations contemplated by Part 61. Allowing the Exemptions and special purpose operations ofthe UAS as requested by WES with an operatorwho has met the requirements ofsafety 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 ofthe UAS, the requirements for maintenance, and the use of safety checklists prior to each flight, an equivalent level ofsafety will be provided. ii. 

### 91.9(b)(2): Civil AircraftFlightManual [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 ofthis 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 orplace to carry such a flight manual onthe aircraft, not only because there is no pilot on board, but because there is no room orcapacity to carry such an item on the UAS. The equivalent level ofsafety 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 ofTransportation, Docket Operations December 11, 2015 Page 13

iii. 

### 91.9(c): CivilAircraft Flight Manual, Marldng, and Placard Requirements WES requests an exemption from 14 C.F.R. 91.9(c). This partprovides: (c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 ofthis chapter. The UAS, due to its small size, does not have room to contain a fireproofplacard orto display aircraft marks in a conventional size. However, as a conditionto the grant ofthe exemption, WES will affix an aircraft markto one ormore ofthe "arms" ofthe UAS. The size ofthe marking will be determined by the size ofthe "arm" being used and may be less than one inch in size, but as large as practicable. iv. 91.103: PreflightAction 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 offlight. 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 takeoffdistances and aircraft performance databefore 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 partis not applicable due to the UAS carrying no flight crewmembers. However, to achieve an equivalent level ofsafety, WES will not operate the aircraft unless the same PIC is at the controls at all times. vi. 91.109: FlightInstruction; 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 aircrafthas fully functioning dual controls. UAS and remotelypiloted aircraft, by their design, do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft viaradio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety is provided because the UAS will not carry pilots orpassengers, and relevant landowners will have priornotice ofeach flight.U.S. Department ofTransportation, 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 extentthat it applies to overhead aircraft operating ator above 500 feet above ground level as the UAS will be operating no higherthan 400 feet above ground level. This partprovides: (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 ofit unless well clear.
Forexample, ifanother aircraft is operating overhead at 10,000 feet above ground level, there is no dangerposed to that other aircraft ifthe UAS is operatingbeneath400 feet above ground level. However, as a condition to the approval ofexemption, WES will operate its UAS to see and avoid and give way to other aircraft that should enter airspace at orbelow400 feet above ground level. viii. 91.119: Minimum SafeAltitudes
WES requests an exemption from 14 C.F.R. 91.119. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119(c) prevents flying an aircraft at an altitude ofless than 500 feet oroperating an aircraft closerthan 500 feet to anyperson, vessel, vehicle, or structure. As this exemption requests authority to operate at altitudes up to 400 feet, an exemptionis needed to allow such operations. As set forth herein, the UAS will never operate at higherthan 400 feet above ground level. Itwill howeverbe operated in a remote area onprivate property with the landowner's consent. The equivalent level ofsafety will be achieved giventhe 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 ofthe landowner or local officials. Because ofthe advance notice given to the landowner, all affected individuals will beaware ofthe planned flight. Compared to flight operations with aircraftorrotorcraft weighing far more thanthe "lessthan 55 pounds" proposed herein and the lack offlammable fuel on the UAS, any risk associated with the UAS operations is far less thanthose presented by conventional manned aircraft operating at orbelow 500 feet above ground level for aerial datacollection and environmental monitoring. In addition, the lowaltitude operations oftheUAS will ensure separation between these small-UAS operations and the operations ofconventional manned aircraftthat must complywith Section 91.119.U.S. Department ofTransportation, 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 altimeterthat is set "to the elevationofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may nothave a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An equivalent level ofsafety will be achieved by the operator confirmingthe altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight as well as the operatorreceiving live feedback information aboutthe UAS, including the height of the UAS, its forward velocity, and compass heading. The operatorwill be able to observe and control the maximum height ofthe UAS. Additionally, the UAS will be operated within the line ofsight ofthe PIC.



### x. 91.151(a): Fuel Requirements forFlightin 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 "aflight in an airplane undervisual 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 afterthat for at least 30 minutes; or (2) Atnight, to fly afterthat for at least 45 minutes."
The batterypoweringthe UAS provides approximately 10 to 25 minutes ofpowered flight making it impossible to meetthe 30 minute reserve requirement in 14 C.F.R. §91.151. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined and remote area, a lower minimum battery powerrequirement in daylight ornight VFR conditions is reasonable

. WES believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes or25 percent ofbattery power, whichever happens first. This restriction would bemore 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): CarryingCivil Aircraft Certification and Registration WES requests an exemption from 14 

### C.F.R. 91.203 (a) and (b). The regulation provides in pertinentpart: (a) Except as provided in 

### § 91.715, no person may operate a civil aircraft unless it has within itthe 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 thisU.S. Department ofTransportation, 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 orcrew. The UAS fully loaded weighs less than 55 pounds and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents orto display them on the UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the pilotflying 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 sectionrequires that installed AirTraffic Control ("ATC") transponder equipment must meet specificperformance and environmental requirements, and aircraft must be equipped with an operable codedradar beacontransponder. There are presently no known commercially available ATC transponders thatmeetthe payload requirements ofa small UAS and are available at reasonable cost. However, because the UAS used by WES will notbe flying into or near airports, and will fly no higher than 400 feet above ground level, there is very low risk ofcollision with any manned aircraft. In addition, becausethere will be no need to have contemporaneous communication with AirTraffic 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 ATCtransponder equipmentin 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 operatororowner "shall havethat aircraft inspected as prescribed in subpartE ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

. ..,"andothers shall inspectormaintain the aircraft in compliance with Part43. Giventhat 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 operatorpursuant to the manufacturer's Phantom 2 User Manual. An equivalent level ofsafety will be achieved because these small VAS are very limited in size and will carrya small camera orother data collecting equipment, and operate only in remote and restricted areas for limited periods oftime. Ifmechanical issues arise, the VAS can land immediately and will be operating from no higherthan 400 feet above ground level. The operatorwill ensure that the VAS is in working orderpriorto initiating flight, performrequired maintenance, and keep a log ofany

### U.S. Department ofTransportation, Docket Operations December II, 20I5 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 FederalRegister, If

### Necessary Thefollowing summary,ifnecessary, is provided for publication in the Federal Registerin 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 ofmitigation and conservation bank lands, and to monitor, map, aerially photograph, survey and perform usual inspections by air ofland, 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 eliminatingrisks associated with conventional surveillance operations, whichtraditionally use largermanned aircraft and must operate at low altitudes, weigh thousands ofpounds, and carry large amounts offuel. Approval ofthe Exemptions, in contrast, would allow a battery operated small UAS weighing less than 55 pounds and no human passengers to complete the samejobwith virtually no risk. Under these conditions, the Phantomsproposed will provide an equivalent, ifnot higher, level ofsafety in the aerial datacollection and environmental surveillance field, which supports the grant ofthis Request and Application for Exemptions. 7) 

### Privacy All flights will occur overprivate 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 thatthere will be inhabited houses in the visual area orotherpeople who have not consented to being in close proximity with each Phantom. No attempt will beU.S. Department ofTransportation, Docket Operations December 11, 2015 Page 18

made to identify any individuals filmed during the flights except in cases where thosepersons are conductingunauthorized activities, are trespassing upon the WES lands, or are damaging any ofthe land, structures, forests, wildlife ornatural resources underthe management and regulatory responsibility ofWES, or interfering with any ofWES'smitigation, conservation, management, ormonitoring operations. 

### 8) Conclusion Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximityto airports and populated areas, operation within visual line ofsight, and national security -provide more than adequatejustification for the grant ofthe requested Exemptions allowing WES to use each Phantom for and during the aerial data collection, management, research, and educational operations ofWES.
We request that the FAA recognize thatthis Request and Application will benefitthe 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 UserManual C. DJI

- Phantom 2 Specifications

cc: Westervelt Ecological Services, LLC Attn: Ray F. Robbins, III, General Counsel 2253833_1