1

 David West

513 East Park Ave.

Fairmont, WV 26554

U. S. Department of Transportation 

Docket Management System February 16, 2016

1200 New Jersey Ave S.E.

Washington, DC 20590

Re: Petition For Exemption Request Section 333 of the FAA Reform Act of 2012

To whom it may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, David 

West is submitting this petition of exemption to the U.S. Department of Transportation, Docket 

Operations. This petition is to request permission to operate a small unmanned aerial vehicles (i.e., 

"small unmanned aircraft system" or "sUAS") within airspace regulated by the Federal Aviation 

Administration, so long as operations are conducted with and under the conditions outlined herein or 

established by the FAA (as required by Section 333). 

In accordance with section 333, David West proposes to operate the Yuneec Typhoon Q500 4K, which is 

specified under the section “sUAS specifications.” Approval of exemptions would allow David West to 

provide beneficial services to consumers interested in aerial data capture by operating a small advanced 

sUAS equipped with camera(s) and sensors to provide professional services in the following areas:

Description of Proposed Operations

Aerial photography and videography

Real Estate

Aerial advertising 

Aerial digital media 

Agricultural inspection & surveying 

Property inspection & surveying 

Structural inspection & surveying 

Industrial inspection & surveying

Name and address of the petitioner is:

David West

513 East Park Ave.

Fairmont, WV 26554
2

Summary of Regulations from which exemptions are requested:

14 C.F.R. Part 21 Subpart H - Airworthiness Certificates

14 C.F.R. 45.23 - Display of marks; general

14 C.F.R. 61.113 (a) & (b) - Private pilot privileges and limitations: Pilot in command

14 C.F.R. 91.7 (a) – Civil Aircraft Airworthiness

14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. 91.9 (c) – Marking of Aircraft

14 C.F.R. 91.103 – Preflight Actions

14 C.F.R. 91.109 – Flight instruction

14 C.F.R. 91.119 – Minimum safe altitudes: General

14 C.F.R. 91.121 – Altimeter settings

14 C.F.R. 91.151 – Fuel requirements for flights in Visual Flight Rules (VFR) conditions

14 C.F.R. 91.203 (a)(1) – Civil aircraft: certification required

14 C.F.R. 91.405 – Maintenance required

14 C.F.R. 91.407 – Operation after maintenance, preventative maintenance, rebuilding, and

alteration

14 C.F.R. 91.409 – Inspections

14 C.F.R. 91.417 – Maintenance records

14 CFR Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 91.203(a) (1)

Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (typically less 

than 10 lbs., and always less than 55 lbs.) and the limited operating area associated with its utilization, it

is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve

or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333

of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.

14 CFR § 45.23 & 91.9(c): Marking of the Aircraft

Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft, marks consisting of the Roman capital letter

“N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix 

letter used in the marks displayed must also be a Roman capital letter.

(b) 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.

Regulation 91.9(c) provides: No person may operate a U.S.-registered civil aircraft unless that aircraft is

identified in accordance with part 45 of this chapter.
3

The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. 

Given the size of the sUAS, two-inch lettering will be impossible. Official marking systems for sUAS have 

not yet been established for operations inside the NAS. To achieve an equivalent level of safety, David 

West proposes displaying each aircraft’s registration information as large as the sUAS safely permits. 

Registration information and logbooks will also be kept at the ground station.

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167, 10167A, 

10700, 11256, and 11251.

14 CFR § 61.113(a) & (b); Private Pilot Privileges and Limitations;

This regulation restricts private pilot certificate holders from flying aircraft for compensation or hire, and 

would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and

competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring 

certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the sUAS will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of 

Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of sUAS operation 

outside of controlled airspace did not warrant the additional cost and restrictions with requiring the PIC 

to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment of the additional 

requirements for a private pilot to become qualified as a commercial pilot would not lead to any 

additional safety benefits when sUAS operations are involved.

14 CFR § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of sUAS without an airworthiness 

certificate, no standard will exist for airworthiness of the sUAS. Given the size of the sUAS and the 

previous COAs issued for similar sUAS, an equivalent level of safety will be achieved by ensuring 

compliance with the given sUAS manuals and use of safety checklists prior to each flight.

14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

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

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.

Given the size of sUAS, they have no ability or place to carry such a flight manual on the aircraft, not only

because there is no pilot on board, but because there is no room or capacity to carry such an item on the

aircraft.

The equivalent level of safety will be achieved by keeping the flight manual at the ground control point 

where the PIC flying the sUAS will have immediate access to it. The FAA has issued to others the following

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167,

10167A, 10602, 32827, 10700, 11251, and 11256.
4

14 CFR § 91.103: Preflight action

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed.

Following a comprehensive preflight checklist will provide an equivalent level of safety. The PIC will take

all actions including reviewing weather, flight battery requirements, landing and takeoff distances and

aircraft performance data before initiation of flight.

14 CFR § 91.109: Flight Instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely 

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

through the use of a ground station that communicates with the aircraft via radio communications. The 

FAA has approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the 

fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be 

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer 

than 500 feet to the items listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-planning has been conducted. The aircraft will be operated 

at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or 

property on the surface. Therefore, we maintain that due to the small size of the UAS, the hazard to 

persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in 

granting the exemption.

14 CFR § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an 

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight.
5

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “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.”

The different sUAS batteries provide a variety of powered flight times. An exemption from §14 CFR 

91.151 is therefore required.

Applicants believe that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed 

of the small UAS. Additionally, limiting UAS flights to 20 minutes would greatly reduce the utility for 

which the exemption will be granted. Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 20 minutes or 25% of battery power— whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in 

its limited operating area.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673, 10808, and 

11251.

14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This section states no person may operate a civil aircraft unless it carries a current airworthiness 

certificate. In addition, no person may operate a civil aircraft unless the airworthiness certificate is 

displayed at the cockpit entrance and is legible to passengers and crew. Because the sUAS weighs less 

than 55lbs and is operated without an onboard pilot, however, David West believes the sUAS has no 

ability to carry certification and registration documents. In order to achieve an equivalent level of safety, 

David West proposes to keep these documents at the ground control point where the operator flying and 

will have immediate access to them.

14 CFR § 91.405(a); 407(a)(1); 409(a)(1) and (2); 417(a) and (b): Maintenance Inspections

Section 91.405(a) requiresthat an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner 

or operator to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return 

to service.

The sUAS are nearly maintenance free, they perform automatic pre-flight checks and the failure of any 

check will prevent take-off. Checks which cannot be done by the system will be performed by a qualified 

person prior to each flight and at predefined intervals as part of a maintenance schedule.
6

Pre-flight checklist includes:

Visual inspection of the airframe

Visual inspections of rotor integrity

Check charge of all batteries (aerial vehicle, command station, radio repeater station)

An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. The 

operator of the sUAS will ensure that it is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person

most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to

ensure an equivalent level of safety.

If mechanical issues arise, the sUAS can land immediately due to the pre-determined area of operation. 

Moreover, the sUAS's small size, carrying capacity, and the fact that flight operations will only take place 

in restricted areas for limited periods of time, create less risk than the same factors associated with 

conventional fixed-wing aircraft and rotorcraft performing the same operation.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. These limitations 

and conditions to which the applicant agrees to adhere to when conducting commercial operations under 

the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

 The UAS will weigh less than 55lbs.

 The UAS will have a maximum operating speed of no more than 50mph.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual Observer 

(VO).

 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 

25% battery power reserve or 20 minutes of flight time whichever occurs first.

 Flights will be operated at an altitude of no more than 200 feet Above Ground Level (AGL) and not 

more than 200 feet above an elevated platform from which filming is planned. 

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may 

include but not limited to a Camera Operator. 

 The UAS pilot will be the designated Pilot in Command (PIC) and hold an FAA Pilot’s License with a 

Third or higher Class Medical Certificate or valid state drivers’ license. If the PIC feels another 

operator to be qualified with the necessary skills to be PIC, and holds an FAA Pilot’s License along 

with a Third or higher Class Medical Certificate or valid state drivers’ license, that person may be 

designated PIC provided they have a minimum of 20 hours of flight time with the UAS.

 A safety briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities.
7

 Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. If the inspection reveals a condition that affects the safe operation of the 

UAS, the UAS will not be operated until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference 

Point (ARP) of a tower controlled or uncontrolled airport. 

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) 

of a tower controlled or uncontrolled airport the respective airports will be contacted advising 

them of the estimated flight time, flight duration, elevation of flight and other pertinent 

information. 

 The operator will obtain verbal/written consent of all persons involved with the planned operation 

and ensure that only consenting persons will be allowed within 100 feet of the flight operation, 

and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, 

as required under the FOM. With the advanced permission of the FSDO, operations at closer range 

may be approved.

 The PIC and VO will have been trained in operation of UAS and receive up-to-date information for 

the particular UAS to be operated. 

 The PIC and VO will be able to communicate by voice at all times. 

 Written and/or verbal permission and permits will be obtained from territorial, state, county or 

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 

 If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have 

the capability to return to a pre-determined location within a designated location and land 

autonomously. 

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies with an automated “Return Home and Land” function.

 UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. 

 All flight operations will be entered into a log book, with all records available for viewing by 

governing agencies.
8

Public Interest

A sUAS produces no air pollution when compared with larger aircraft, which helps create a cleaner 

environment. In addition, unlike manned aircraft, which must take off from an airport and travel to the 

location being filmed or surveyed, sUASs depart and land at the same site where data collection is going 

to occur. This not only helps reduce NAS congestion, but creates safer conditions for both operator and 

the public. In the past, a standard aircraft might have to cruise at a low altitude and at a very slow speed 

in order to accurately collect data, in turn producing potentially hazardous conditions for the operator 

and public on the ground. Unlike standard manned aircrafts, however, sUASs do not benefit from altitude 

or forward speed, resulting in a higher level of safety during data collection and other operations. In 

general, the takeoff weight of a standard aircraft is between 1,300 and 6,000 pounds, while the takeoff 

weight of a standard sUAS is less than 55 pounds. This difference means that in the event of a mishap, 

sUASs again pose significantly less risk to people and property on the ground, which is in the public 

interest. 

Small unmanned aircrafts also benefit the commercial and consumer public. Unlike traditional aircraft 

which are powered by fuel, sUASs run on small batteries and are significantly more maneuverable. In 

addition, because sUAS fly less than 30 minutes and at an altitude of less than 400 feet, little risk is posed 

to national security and air safety. Past companies might have to operate a traditional aircraft to produce 

similar results. The standard sUAS, however, comes equipped with the ability to capture data on behalf 

of any number of private and public interests, all while reducing cost, increasing safety, and saving time. 

To summarize the public interests that result from David West operations: 

 Cleaner environment 

 Reduced congestion 

 Safer NAS 

 Reduced consumer cost 

 More effective data capture for science and research 

 Safer public grounds

Conclusion

David West respectfully requests that the FAA grant the requested exemption and are prepared to 

modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look 

forward to working with your office. If additional information or clarification is needed, please feel free to

contact us.

Respectfully Submitted, 

David West

513 East Park Ave.

Fairmont, WV 26554