Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146: Tel: (206)762-5285 Page 1

June 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

To whom it may concern,

As stated in Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Applewhite Aero LLC, a manufacturer and operator of small Unmanned Aerial Systems (sUAS) for UAS 

training, agricultural survey, forestry survey, and wildfire reconnaissance seeks exemption from several 

Federal Aviation Regulations (FARs) to allow the aforementioned uses.

Applewhite Aero’s requested exemption would permit the operation of three of Applewhite Aero’s 

airframes: the Milo UAS, the Oculus UAS, and the Invenio UAS, to be operated under controlled 

conditions using the methods laid out in the Aircraft Flight Manual, Inspection and Maintenance 

Manual, and Safety Checklist for each vehicle. The following information lays out all the necessary 

information regarding the aircraft, their flight abilities and limitations, the safety procedures that would 

be utilized during operations, and the explanation as to why the allowance of these operations via the 

exemption from the listed regulations would be for the good of the public.

Applewhite Aero LLC is an engineering company that has been working for four years in the UAS 

industry- working to be able to use unmanned aerial systems in the capacities listed above. Using 

trained engineers and experienced RC pilots, the UASs designed and manufactured by Applewhite Aero 

have been optimized to safely and successfully accomplish these tasks. Further details of the airframes’ 

abilities and of their safe operation can be found in the attached manuals. 

Information Supporting this Petition as Specified in 14 C.F.R. §11.81

Applewhite Aero LLC

Paul Applewhite, President

PO Box 46955

Seattle, WA 98146

(206)762-5285

Email: paul@applewhiteaero.com

Regarding the Unmanned Aircraft System

Information describing the UASs Applewhite Aero intends to use can be found in the accompanying

documentation: namely the Aircraft Flight Manual, the Safety Checklist, and the Inspection and 

Maintenance Manual for the Milo, the Oculus, and the Invenio. The information in the listed documents 

describes in detail all parameters around the proper operation of the UASs. The aircraft performance, 

performance limitations, operating procedures, and aircraft loading information are also discussed.
Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146: Tel: (206)762-5285 Page 2

All information regarding procedures to implement preceding, during and after operation, such as preflight inspections, maintenance, and repair, that ensures the UAS is in a condition for safe flight can also 

be found in the documentation listed above. 

Information regarding the radio frequencies can also be found in the above documentation, and FCC 

approval for operation at those frequencies is included. 

Regarding the Unmanned Aircraft PIC

The documentation also describes all requirement of operational crew, including requirements for the 

PIC, in regards to experience and medical certification. Certain qualifications such as the level of airman 

certificate held are among some of the exemptions requested, and would be held to levels as laid out by 

this exemption. 

Regarding the Operation of the Unmanned Aircraft

As mentioned in the opening, the operations Applewhite Aero intends to use the UASs for include UAS 

training services, survey in the agricultural industry, and survey in the forestry industry, especially with 

applications to wildfire reconnaissance.

The UAS training operations would include but not be limited the lands defined by the Safety Checklists 

for each vehicle- areas that Applewhite Aero has been granted to use by the owner. All areas are 

defined in section 6, part C of the Safety Checklists- areas that have been approved by the Special 

Airworthiness Certificates granted to the Invenio UAS. For the purposes of training operations, all flight 

restraints as stipulated by the 333 Exemption would be followed in lieu of the set constraints detailed in 

the above mentioned section of the attached Safety Checklists. 

Training would allow for a measure of consistency to be obtained for UAS pilots. This would be for the 

good of all, as it would help insure that more and more pilots of the UASs are knowledgeable and 

competent about the national airspace and about the safe, efficient, and productive use of UASs in 

general. Applewhite Aero hopes the training can be used as a meter for insurance companies. Operators 

with insurance is in the public interest, as it will allow financial security for the users and populace. The 

training will add a level of safety to the NAS, the population on the ground, and to the user. 

The agricultural operations would take place on private properties that are limited, predetermined, and 

subject to controlled access by the property owner. Applewhite Aero is confident that an exemption to 

allow these operations would further enhance the safety and productivity of the agricultural industry. 

Agriculture is a vast industry, with fields of vast acreage. Already, the UASs in the agricultural industry 

have proven to increase the efficiency and reduce the cost exponentially. UASs have proven a fantastic 

tool to help monitor crop health which allows for the best use of irrigation, anti-fungal solutions, and 

pesticides. This lessens the amount of substances used which not only reduces costs, but lessens the 

amount of harmful chemicals that are put into the environment. In addition to these benefits, the use of 

UASs in agriculture also accelerates the tasks and minimizes risk to the owners, as full size aircraft will 
Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146: Tel: (206)762-5285 Page 3

not be needed. With more approved operators of UASs for this task, the efficiency of the entire industry 

will increase improving the lifestyle of the entire population.

Similarly to agricultural operations, the forestry and wildfire surveying would be very beneficial to the 

population. Applewhite Aero plans to assist the Oregon Department of Forestry in wildfire 

reconnaissance, pending approval by the FAA. Using similar systems as those used in agriculture, the 

UASs can be used to help track the growth of wildfires to best utilize the forces fighting them. With 

images collected by the UASs, maps can be made for the deployment of firefighters; hot spots can be 

found. This will allow for the most timely and efficient use of resources. Additionally, the use of UASs for 

this purpose will circumvent the necessity of manned aircraft to fly in the dangerous airspace which is a 

much cheaper option lessening cost. UASs will be operated with the approval of the Department of 

Forestry and will take place in a restricted flight zone as designated by the FAA via NOTAMs, so the 

danger to other airmen is negligible. Additionally, areas affected by forest fires are controlled spaces by 

government entities, and they occur in spaces that are not densely populated. Danger to population on 

the ground is negligible. The above facts show that it is in the public interest to grant exemption to 

Applewhite Aero to use UASs for the purpose just described.

More detail describing how these operations benefit the public can be found in the following section, 

which specifies which exemptions are being requested. The arguments demonstrating the equivalence 

of safety for the proposed exemptions are also given.

Information discussing the maximum operating speeds and altitudes as well as the rest of the operation 

abilities are specified in the attached documentation. Also included in the Safety Checklist and AFM are 

flight procedures and checklists that will be used in the event of flight hazards. These flight procedures

and checklists are also used for preflight safety inspections to insure that the aircraft are in condition for 

safe flight. More detail follows in the section below.

Any activity near airports will conform to the requirements as laid out by Section 333. A NOTAM will be 

filed prior to operation so all airmen are aware of the UASs position in the airspace. All flight 

requirements and safety procedures will be maintained to ensure the aircraft does not endanger any 

other users of the NAS. Observers will be in constant communication, as usual, to alert the PIC should an 

aircraft approach the space being used by the UAS, and the UAS will be landed immediately to ensure 

the safety of the manned aircraft in the airspace.

As described in the accompanying documentation, strict procedures will be utilized to ensure the 

aircraft remains within VLOS in accordance to the statutory mandate under section 333(b)(1). The 

autopilot system used in Applewhite Aero’s three aircraft have safe guards in place to prevent the 

aircraft from leaving the operational area as defined by the PIC. Additionally, the PIC can take manual 

control of the aircraft at any time and keep in bounds if viewing is inhibited in anyway and loss of VLOS 

is at all expected.

Sections from which exemption is sought

The specific sections of 14 CFR from which Applewhite Aero LLC seeks exemption are as follows:
Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146: Tel: (206)762-5285 Page 4

 45.23 – Display of marks: general

 61.23 – Medical certificates

 61.101 – Recreational pilot privileges

 61.113 – Private pilot privileges and limitations

 61.315 – Sport pilot privileges and limitations

 91.7 – Civil aircraft air worthiness

 91.119 – Minimum safe altitudes

 91.121 – Altimeter settings

 91.151 – Fuel requirements for flights

 91.405 – Maintenance required

 91.407 – Operation after maintenance

 91.409 – Inspections

 91.417 – Maintenance records

Applewhite Aero believes that exemption from the above regulations will allow for the operation of the 

UASs: Milo, Invenio, and Oculus, in the capacities discussed above.

14 CFR §45.23 (b). Marking of the Aircraft

Applewhite Aero seeks exemption from 14 CFR §45.23 (b), which discusses the display of the markings 

on the aircraft. Part (b) of the 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 “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable.” 

Due to the small size of some of Applewhite Aero’s aircraft- particularly the Oculus UAS, and Invenio 

UAS, markings “not less than 2 inches” will not fit upon the airframe. Applewhite Aero has already been 

“authorized to identify your Invenio unmanned aircraft...[with] the word EXPERIMENTAL on the forward 

left and right sides of the fuselage in one inch lettering.” In an approval by one James D. Seipel dated 

January 07, 2014. 

We request an extension of this marking to our aircraft as described above where necessary- upon the 

Invenio and Oculus airframes. Additionally, as there are no “cabin[s], cockpit[s], or pilot station[s]” on 

board any of this small UASs, Applewhite Aero requests exemption from this regulation. As the 

airframes are so small, the listed “N” number and word “EXPERIMENTAL” will take up 40-60% of the 

available surface area of the fuselages, and thus will be more than visible with respect to the size of the 

airframe. This alteration will not create any safety hazards to the population or the user, and the smaller 

lettering will actually be more legible then crowded letters that are too large. The increased legibility, 

will benefit any persons operating other aircraft or on the ground who see the aircraft.

See the attached approval letter for the alternate marking approval.
Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146: Tel: (206)762-5285 Page 5

14 CFR §61.23 (a) and (c). Medical certificates: Requirement and duration

Applewhite Aero seeks exemption from 14 CFR §61.23 (a) and (c) which describes the necessary details 

of medical certificates for pilots. 

Part (a) requires that an operator must hold a first-class medical certificate when using the “Privileges of 

a commercial pilot certificate” 14 CFR §61.23 (a.2.ii). Since the aircraft is a small UAS, and there are no 

passengers on board, Applewhite Aero requests exemption from this regulation; the pilot in command 

of these operations will not have lives in their hands, and in the specific applications in which 

Applewhite Aero plans to use the UASs, the population on the ground will be limited. Therefore, a PIC 

who is a competent unmanned pilot and who has full facilities, in body and mind, to pilot a small UAS 

should be able to do so, as it will not increase the danger to the population, and it will increase the 

ability for Applewhite Aero to perform its’ duties, which is in the populations interest, as it brings all the 

benefits discussed above.

14 CFR §61.101 (e)(4) and (5). Recreational pilot privileges and limitations.

Applewhite Aero seeks exemption from 14 CFR §61.101 (e)(4) and (5) which states:

“a recreational pilot may not act as pilot in command of an aircraft-

(4) For compensation of hire;

(5) In furtherance of a business;”

These two articles are the entire purpose of a UAS company such as Applewhite Aero. It is in the 

population’s interest to exempt Applewhite Aero from this regulation because it allows for the 

advancement of society. Since the UASs are small, and will be used in very controlled spaces, a full 

commercial pilot license is unnecessary. No people are being transported, so no lives are inherently at 

risk: this means that the more rigorous license that ensures the quality of an airline pilot are not needed. 

As long as the rules of the NAS are known and observed, as well as all safety precautions as outlined in 

these exemptions, as well as in the Aircraft Flight Manual (AFM), the Safety Checklists, and the 

Maintenance and Inspection Manuals, the safety of the population is ensured. This is an equivalent level 

of safety as the one provided by this regulation.

14 CFR §61.113 (a). Private pilot privileges and limitations: Pilot in command.

Applewhite Aero seeks exemption from 14 CFR §61.113 (a) which states:

“Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot 

certificate may act as pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft.”

Similarly to the exemption request above, this regulations prevents the entire mission of a small UAS 

company such as Applewhite Aero. In order to complete the goals of the company, and better the 

advancement of society, a pilot in command with a private pilot license should be sufficient for the 

purposes laid out above. As long as the airspace is known by the pilot and all precautions are taken for 

safe operation as laid out in this exemption, the AFM, Safety Checklist, and Maintenance and Inspection 

Manual, the safe operation of the UAS is ensured and a more rigorous commercial pilot license should 
Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146: Tel: (206)762-5285 Page 6

not be required. Following the stipulated safety considerations will provide an equivalent level of safety as 

this regulation.

14 CFR §61.315 (a). What are the privileges and limits of my sport pilot certificate?

Applewhite Aero seeks exemption to 14 CFR §61.315 (a) which states the following:

“You may not act as pilot in command of a light-sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a business.”

Once again, with the same arguments as listed above for Exemption to 14 CFR §61.113 (a) and 14 CFR 

§61.101 (e)(4) and (5), the same amount of skill and knowledge required to pilot a commercial aircraft is 

not necessary to pilot a UAS in the controlled environment they will be used in. Following the rules of 

the NAS, as well as all safety precautions as outlined in these exemptions, and the AFM the Safety 

Checklists, and the Maintenance and Inspection Manuals, the safety of the population is ensured. This is 

an equivalent level of safety as the one provided by this regulation.

14 CFR §91.7 (a). Civil aircraft airworthiness

Applewhite Aero requests exemption from 14 CFR §91.7 (a) which states the following:

”The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition 

for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, 

or structural conditions occur.”

To maintain an equivalent level of safety, the PIC will ensure that the aircraft is in compliance with the 

AFM, Safety Checklist, and Maintenance and Inspection Manual prior to each flight. Additionally, the 

Pilot will still comply with 91.7(b) and ensure that the aircraft is in condition for a safe flight.

See granted exemption: 11694

14 CFR §91.119 (c). Minimum safe altitudes: General.

Applewhite Aero seeks exemption from 14 CFR §91.119 (c) which states the following:

“Over other than congested areas. An altitude of 500 feet above the surface, except over open water or 

sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure.” 

Applewhite Aero requests authority to operate at altitudes only up to 400 AGL over uncongested areas. 

The aircraft will operate in a limited area within pre-defined boundaries with the consent of the 

landowner/controller and require that all non-essential persons remain clear of the flight area during 

operations. The PIC will make a safety assessment of the risk of operating the aircraft and ensure no 

undue hazard is present for persons or property. Considering the size, weight and speed of the aircraft, 

these protections will ensure the equivalent level of safety of minimum safe altitudes. Compared to 

flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the 
Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146: Tel: (206)762-5285 Page 7

proposed aircraft operations is far less than conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the aircraft will ensure separation with conventional aircraft.

See granted exemption: 11694

14 CFR §91.121. Altimeter settings.

Applewhite Aero seeks exemption from 14 CFR §91.121 which specifies altimeter settings and usable 

flight levels to be maintained during flight. 

The UASs that Applewhite Aero utilizes do not have altimeters equipped, but instead use GPS data to 

keep track of the altitude and positioning. This provides an equivalent level of safety provided the PIC 

follows the procedures discussed in the AFM and other safety documentation for each aircraft.

14 CFR §91.151(a). Fuel requirements for flight in VFR conditions.

Applewhite Aero seeks exemption from 14 CFR §91.151 which states the following:

“(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed—

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.”

All three of Applewhite Aero’s UASs have electric configurations. The telemetry on board each aircraft 

provides the operators vision of how much battery life remains. Additionally, in accordance with the 

FOPM, flights will not go beyond line of sight, which allows for an extra measure of safety in the 

operation of the UASs. The Milo has a gas engine configuration which will remain within the bounds of 

the fuel requirements. For all configurations, the safety procedures will be followed, and the aircraft will 

be landed with enough power for control and with proper safety considerations. This provides an 

equivalence of safety to those provided by the regulation.

14 CFR §91.405, 91.407, and 91.417

Applewhite Aero seeks exemption from 14 CFR §91.405, 91.407, and 91.417 which discusses required 

aircraft maintenance, operation after maintenance, preventive maintenance, rebuilding, or alteration, 

inspections, and maintenance records. Applewhite Aero’s AFM, Safety Checklist, and Inspection and 

Maintenance Manual, procedures for proper care and maintenance of the UASs have been outlined. 

Since the regulations are created for manned aircraft which necessitate a higher level of safety then 

those required for a UAS, and all procedures will be followed to keep the population on the ground safe, 

Applewhite Aero believes these procedures provide an equivalent level of safety to the regulations.

Nevertheless, we seek an exemption from any such specific provisions to the extent FAA finds it 

necessary to grant this request.
Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146: Tel: (206)762-5285 Page 8

The above listed operations as described in this exemption request will be conducted within the United 

States.

Attached to this 333 Exemption Request, and submitted as confidential documentation, are the Milo, 

Oculus, and Invenio Aircraft Flight Manual, Safety Checklist, and Inspection and Maintenance Manual to 

fully describe all the capabilities and operational limitations of the three aircraft, as well as FCC 

approval, and a letter of alternate marking approval. We respectfully submit that good cause exists so 

that this confidential material does not need to be published in the Federal Register. 

Please let us know if there are any questions or concerns regarding this exemption or any of the 

attached documentation via the contact information listed. 

Respectfully,

Paul Applewhite

President

Applewhite Aero LLC