### 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 smal l 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 Admi nistration (“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 equippe d 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 Wa rdwell, 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, helipo rts 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**

**- Sectio**  **n 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 protoc ols 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 condu ct 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 con trolled 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
eco nomic 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 Inspecto r® 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 , contemplat ed 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 int erest 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 ca pabilities 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. U tilizing battery power rather than combustible fuels, flights generally last between three (3) to seven (7) minutes, with an altitude under one hundred fifty (150) fe et. 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. S ee Appendix A

- Operat or 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 adeq uate 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 tha t 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 fami liarization 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 i t 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 an d 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 throu gh 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 su ch 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 o f 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 t hreat 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 o f 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 Exem**  **ption 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 ca pture 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**  **E xemption 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 embrace d 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 pound s complete with a small ultra light weight hig h 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 t he 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, ele vated 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 protoc ols 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 awa reness 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 an d 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 enclos ed operational area of my, Kevin Wardwell’s , UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equival ent 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
**K evin 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 e xemptions 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 syst ems 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 maint aining 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 requiremen t. 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 no n - 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 pilotin g 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 wi ll 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 rela tion 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

- S afety/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 inspe ct 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 req uirements 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) prohibit s 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 e xemption 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 vehicl e/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
awa reness 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 colle ction 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 curr ent 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 su bmitted, Kevin Wardwell , Home Inspector ® 14260 W. Talon Creek Dr. Boise, ID 83713