Kevin Wardwell, Real estate inspector Boise ID - Section 333 Exemption Petition 

June 4, 2015

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 

C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 

119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Kevin Wardwell, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, to request that I, Kevin Wardwell, an owner and operator of 

small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so 

that I, Kevin Wardwell, may operate my small ultra light weight unmanned aircraft system (“UAS”) 

commercially in airspace regulated by the Federal Aviation Administration (“FAA”). As described herein 

I, Kevin Wardwell, am a licensed Real-estate inspector within the State of Idaho; experienced in flying 

hobby helicopters for recreational purposes. I have added a hobby grade quad-copter1 UAS to my 

inventory equipped with a GoPro4+ Black camera with intent for aerial videography/cinematography to 

enhance academic community awareness for those individuals and companies unfamiliar with the 

geographical layout of the land of Idaho, and augment real estate listing videos; following exemption 

and approval by the FAA. Thereby enhancing their academic research experience for the Idaho area.

I have flown small RC electric helicopters for over ten (10) years without incident. Committed to safety 

with each flight. My, Kevin Wardwell, exemption request would permit operation of ultra light weight, 

unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and 

limited airspace.2 Predetermined in areas away from general public, airports, heliports and vehicular 

traffic for community videos, and within property boundaries for individual homeowner real estate 

listing videos/photos. Currently, similar lightweight, remote controlled UAS's are legally operated by 

unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Kevin 

Wardwell, will continue to strictly comply with safety.

1 Appendix A – 3dr IRIS+ quad-copter Operator Manual 

2 Appendix B – Idaho area maps 
Kevin Wardwell, Home Inspector Boise ID- Section 333 Exemption Petition

and maintenance procedures included in all applicable UAS manufacturer’s instructions and operating 

manuals to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will 

act to further safety protocols exclusive to lightweight UAS's specific to real estate video and 

photography usage as I, Kevin Wardwell, record flight data and other information gained through 

permitted flight operations to share with the FAA through any required FAA reports to assist with future 

protocol and safety regulation. 

Granting my, Kevin Wardwell’s, request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace 

system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the 

national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real 

estate/Realtor purposes. Further I, Kevin Wardwell, will conduct my operations in compliance with the 

protocols described herein or as otherwise established by the FAA. 

For the reasons stated below I, Kevin Wardwell, respectfully request the grant of an exemption allowing 

me to operate ultra light weight, remote controlled UAS’s for academic community awareness to 

benefit/stimulate attraction to the Idaho area and to enhance real estate listing videos for homeowners 

who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local 

economic growth through increased employment and increased tax base. Both with public safety in 

mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public 

hazard. 

I.Contact Information: 

Kevin wardwell, Home Inspector® 

14260 W. Talon Creek Dr.

Boise, ID 83713

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Kevin 

Wardwell Requests Exemption are: 

14 CFR 21; 

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b);

14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b).

Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 
Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 

III. The Extent of relief Kevin Wardwell seeks and the Reason He Seeks Such Relief: 

I, Kevin Wardwell, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 

331-334, seeking relief from any currently applicable FARs operating to prevent me, Kevin 

Wardwell, contemplated commercial cinematic, academic and other flight operations within 

the national airspace system. The Reform Act in Section 332 provides for such integration of 

civil unmanned aircraft systems into our national airspace system as it is in the public’s 

interest to do so. My, Kevin Wardwell’s, ultra light weight UAS meets the definition of “small 

unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light 

weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra 

light weight UAS prior to the time period by which the Reform Act requires the FAA to 

promulgate rules governing such craft. Thereby, providing direct experience and valuable 

information for formal regulation that can be administered uniformly to all real estate 

related UAS aerial video and photography. The Reform Act guides the Secretary in 

determining the types of UAS's that may operate safely in our national airspace system. 

Considerations include: The weight, size, speed and overall capabilities of the UAS's; 

Whether the UAS will be operated near airports or heavily populated areas; and, Whether 

the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in 

favor of an exemption for me, Kevin Wardwell. My UAS utilizes four (4) counter-rotating 

propellers for balance, control and stability. My UAS is equipped with GPS and auto return 

safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound 

limit); including camera with gimbal.

I, Kevin Wardwell, considers safety as foremost with each flight. My small unmanned aircraft 

is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For 

safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph). 

Built in safety systems include a GPS mode that allows my UAS to hover in place when radio 

controls are released. With three modes to choose from, I utilize the Loiter Mode for aerial 

videography/photography. This is the safest, most reliable and stable mode to prevent 

accident and hazard. When pilot communication is lost UAS is designed slowly descend to 

point of take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and 

do not operate near areas where general public is within fifty to one hundred (50-100) yards 

depending on location, conditions and weather. I am constantly on alert for any manned 

aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the 

nearest and safest ground point should a manned aircraft approach my location or I suspect 

manned aircraft may approach near my location. My UAS is capable of vertical and 

horizontal operations, and are flown only within my line of sight of me, as the remote 

control pilot. Utilizing battery power rather than combustible fuels, flights generally last 

between three (3) to seven (7) minutes, with an altitude under one hundred fifty (150) feet. 

I, Kevin

3 Loiter Mode includes safe circle for operation, position hold, self-leveling, altitude command, GPS, return home feature, and 

safety control to return home or land in the event of communication interruption between RC transmitter and UAS. 

See Appendix A - Operator Manual

Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 
Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition

Wardwell, utilize a fresh fully charged battery with each flight as a safety precaution; full

flight time limit for each battery is fifteen (15) to twenty-five (25) minutes as tested. I do not 

operate my UAS at or below manufacture recommend minimum charge levels for operation; 

preferring to remain well within a safe operating range to insure adequate communication 

between radio control and UAS to eliminate potential for crash, loss of control or hazard. 

Reserve batteries are at hand with each exercise to insure replacement for sufficient safe 

level of operation. I do not believe in taking risk that may cause a crash, that could create 

hazard to the public/property/manned aircraft, and have no desire to lose an investment. I 

have clocked numerous practice flights in remote areas as a hobbyist simulating flights for 

future commercial use to gain familiarization with the characteristics of this specific UAS's 

performance under different temperature and weather conditions. I also practice 

computerized simulated flights to maintain adequate skills and response reflex time. All for 

the sake of safety.

I, Kevin Wardwell’s, am extremely cautious when operating of my UAS/ultra light weight 

unmanned aircraft and will not “create a hazard to users of the national airspace system or 

the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well 

within Congress’s contemplated safety zone when it promulgated the Reform Act and the 

corresponding directive to integrate UAS's into the national airspace system. Kevin 

Wardwell’s UAS, used in hobby flight, has a demonstrable safety record and does not pose 

any threat to the general public or national security.

IV. How Kevin Wardwell’s Request Will Benefit the Public As A Whole: 

Aerial videography for geographical awareness and for real estate marketing has been 

around for a long time through manned fixed wing aircraft and helicopters. For small budget 

real estate companies and average homeowners the expense of such aerial videography is 

cost prohibitive. Only large companies and high end Realtors or luxury homeowners can 

afford to absorb such expense. Depriving non -luxury homeowners and lower budget 

Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through 

potential catastrophic crash that the community has experienced in the past. Each resulting 

in loss of life. Each with combustible fuel that exploded and burned on impact. Police 

helicopters have made emergency hard landings within city limits. My, Kevin Wardwell’s, 

UAS pose no such threat since size and lack of combustible fuel alleviates any potential 

threat to the public. 

Congress has already proclaimed that it is in the public’s interest to integrate commercially 

flown UAS's into the national airspace system, hence the passing of the Reform Act. 

Granting my, Kevin Wardwell’s, exemption request furthers the public interest through 

academic/visual awareness of the geographical benefits in and around the Idaho area. My 

Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 
Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition

ultra light weight UAS is battery powered and creates no emissions that can harm the 

environment. The consequence of my ultra light weight UAS crashing is far less than a full 

size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can 

cause catastrophic devastation to the public. 

The public’s interest is furthered by minimizing ecological and crash threat by permitting 

aerial video/photo capture through my battery operated ultra light weight UAS's. Permitting 

me, Kevin Wardwell, to immediately fly within national air space furthers economic growth. 

Granting my exemption request substantially furthers the economic impact for the 

community for companies looking to relocate or build in the Idaho area as well as 

individuals looking to relocate for career advancement through academic and geographical 

awareness. Both of which serve as a stimulus to the community. 

V. Reasons Why Kevin Wardwell’s Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

My, Kevin Wardwell’s, exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated permitting me, Kevin Wardwell, to log more flight time in FAA controlled 

airspace, with communication with the FAA, will allow me to contribute to the innovation 

and implementation of new and novel, as of yet undiscovered safety protocols for Realtors 

that can be embraced by the NAR6 , AAR7 , and TAR8 for development in cooperation with 

the FAA. In addition I, Kevin Wardwell, submit the following representations of 

enhancements to current aerial videography and photography for real estate: 

a. My UAS weighs less than 5 pounds complete with a small ultra light weight high 

quality GoPro 4+ Black camera;

b. I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling 

set by the FAA Modernization and Reform Act of 2012);

c. my UAS only operate for 20-25 minutes per flight; I land my UAS prior to 

manufacturer recommended minimum level of battery power; I pilot my UAS 

through remote control only by line of sight;

d. My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost; 

e. I actively analyze flight data and other sources of information to constantly update 

and enhance safety protocols;

f. I only operate in reasonably safe environment that are strictly controlled, are away 

from power lines, elevated lights, airports and actively populated areas; I conduct 

extensive pre-flight inspections and protocol, during which safety carries primary 

importance;

g. I always obtains all necessary permissions prior to operation; and, I have 

procedures in place to abort flights in the event of safety breaches or potential 

danger.

Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 
Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 

My, Kevin Wardwell’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is 

important to note that absent the integration of commercial UAS into our national airspace system, 

helicopters are the primary means of aerial video and photography for community awareness and real 

estate. While the safety record of such helicopters is remarkably astounding, there has been local 

incident involving loss of life as well as extensive property damage; it is far safer to operate a battery 

powered ultra light weight UAS.

First, the potential loss of life is diminished because UAS's carry no people on board and I only 

operates my UAS in specific areas away from mass populations.

Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly 

diminished. 

Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away 

from and avoid hazards quickly and safely. 

Lastly, given its small size and weight, even when close enough to capture amazing images, my 

UAS need not be so close to the objects they are focused on through the technology and use of post 

editing software allowing pan and zoom.

Accordingly, my UAS has been experimentally operated for familiarization/competency and will 

continue to operate at and above current safety levels.

VI. A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, 

weight and enclosed operational area of my, Kevin Wardwell’s, UAS permits exemption from 

Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 

333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform 

Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. My, Kevin Wardwell’s, current and projected UAS's 

meet or exceed each of the elements. 

 14 C.F.R. 91.7(a) 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. 

 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on 

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a

Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 
Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 

safety/flight manual delineating areas of where safety can be defined.10 The FAA has previously 

issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes 

electronic global positioning systems with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining any such required certifications and registrations by 

me, Kevin Wardwell. 

B. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. 

My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot 

station on which to mark certain words or phrases. Further, two inch lettering is difficult to place 

on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I 

will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its 

fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter 

with the UAV will see the markings. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non -commercial 

operations. I, Kevin Wardwell, can achieve an equivalent level of safety as achieved by current 

Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a 

pilot license will not ensure remote control piloting skills. The risks attended to the operation of 

my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 

61, et seq. Thus, allowing me, Kevin Wardwell, to operate my UAS meet and exceed current 

safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

C. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My UAS will never 

operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Kevin 

Wardwell, will however operate my UAS in safe areas away from public and traffic, 

providing a level of safety at least equivalent to or below those in relation to minimum safe 

altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or 

higher level of safety will be achieved.

D. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

10 Appendix E - Safety/Flight Manual

Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 
Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 

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

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

required inspections, except as provided in paragraph (c) of this section, have discrepancies 

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

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

therefore, apply to my, Kevin Wardwell’s, UAS. However, as a safety precaution I inspect my 

UAS before and after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed 

operational area of my UAS permits exemption from Part 21 because my Kevin Wardwell’s, 

UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA 

is authorized to exempt aircraft from the airworthiness certificate requirement under both 

the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt UAS's from the airworthiness certificate requirement in 

consideration of the weight, size, speed, maneuverability and proximity to areas such as 

airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 

91.7(a) 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. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there 

are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. 

An equivalent level of safety will be achieved by maintaining a manual. The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates 

and curative measures for any damaged hardware. Therefore, an equivalent level of safety 

will be achieved. 

In summary, Kevin Wardwell seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 

14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. 

§ 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 

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

91.417 (a) & (b) to commercially operate my, Kevin Wardwell’s, small unmanned 

vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate 

operations, and to develop economic platforms for real estate inspections to enhance the 

experience of those seeking to relocate to the Treasure Valley area. Currently, area 

awareness and real estate aerial videography/photography relies primarily on the use of 

larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, 

Kevin Wardwell’s, request for exemption will reduce current risk levels and thereby enhance 

safety. My UAS craft do not contain potentially 

Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition 
Kevin Wardwell, Home Inspector®, Boise ID - Section 333 Exemption Petition

explosive fuel, is smaller, lighter and more maneuverable than conventional real estate 

video and photographic aircraft with much less flight time. Further, I operate at lower 

altitudes and in controlled airspace eliminating potential public risk flying to and from 

established air fields. I, Kevin Wardwell, have been informally analyzing flight information 

and will compile safety protocols and the implementation of a flight operations manual for 

real estate usage that exceeds currently accepted means and methods for safe flight. Formal 

collection of information shared with the FAA will enhance the FAA's internal efforts to 

establish protocols for complying with the FAA Modernization and Reform Act of 2012. 

There are no personnel on board my, Kevin Wardwell’s, UAS and therefore the likelihood of 

death or serious bodily injury is significantly diminished. My, Kevin Wardwell’s, operation of 

my UAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will 

provide an equivalent level of safety as that achieved under current FARs. Accordingly I, 

Kevin Wardwell, respectfully request that the FAA grant my exemption request and am 

willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, 

and the general public at large.

 Respectfully submitted, 

Kevin Wardwell, Home Inspector® 

14260 W. Talon Creek Dr. 

Boise, ID 83713