October 8th, 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, Doug Westphal, 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, Doug Westphal, an owner and 

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

below so that I, Doug Westphal, may operate my small ultra-lightweight unmanned aircraft system 

(“sUAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). 

As described herein I, Doug Westphal, am a photographer and videographer ; experienced in flying hobby 

aircraft for recreational purposes. I have added a quad-copter1 sUAS to my inventory equipped with a selfcontained camera with intent for aerial photography and videography; following exemption and approval 

by the FAA. 

My, Doug Westphal's, exemption request would permit operation of ultra-light weight, unmanned (piloted 

by remote control) and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace.2 

Predetermined in areas away from large public gatherings, airports and heliports for community videos, 

photos and video of new and remodeled commercial buildings/projects, individual homeowner aerial 

photography/videography, photography and video of land developments for builders, and nature photos 

and videos in completely unpopulated areas and other community related events upon request. 

Currently, similar lightweight, remote controlled sUASs are legally operated by unmonitored amateur 

hobbyists with no safety plan or controls in place to prevent catastrophe. I, Doug Westphal, have 

personally instilled safety protocols and controld to avoid and prevent public hazard, as well as manned 

aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight sUAS's 

specific to photography & videography usage as I, Doug Westphal, 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, Doug Westphal’s, request comports with the Secretary of Transportation’s (FAA 

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

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

national airspace system” under Section 333(c) of the Reform Act specific to the use of sUASs for 

photography & videography purposes. Further I, Doug Westphal, will conduct my operations in 

compliance with the protocols described herein or as otherwise established by the FAA. 

For the reasons stated below I, Doug Westphal, respectfully request the grant of an exemption allowing 

me to operate ultra-light weight, remote controlled sUASs for the purposes of acquiring aerial photos & 

videos, 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. 

1 Supplemental File – Phantom 3 Professional User Manual v1.4.pdf 2 Appendix A & Appendix B – Aeronautical Charts 

I. Contact Information: 

Doug Westphal, Vice President, PT Imaging LLC, 2400 S Commerce Dr, New Berlin, WI 53151. 

Office: (262) 780-2901 Mobile: (262) 520-2599. Email: Doug@SchoolPics.org
II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Doug Westphal

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). 

III. The Extent of relief Doug Westphal seeks and the Reason He Seeks Such Relief:

I, Doug Westphal, 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, Doug Westphal, 

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, Doug Westphal’s, ultra-lightweight sUAS meets the definition of “small unmanned aircraft” as defined 

in Section 331 and therefore the integration of my ultra-lightweight sUAS is expressly contemplated by the 

Reform Act. I would like to operate my ultra- lightweight sUAS 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 related 

sUAS aerial photography & videography. 

The Reform Act guides the Secretary in determining the types of sUASs that may operate safely in our

national airspace system. Considerations include: The weight, size, speed and overall capabilities of the

sUASs; whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS

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, Doug Westphal. My sUAS utilizes four (4) counter-rotating propellers for balance, control and 

stability. My sUAS is equipped with GPS, ground dectection, and auto return safety technology. Weighing 

less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal. 

I, Doug Westphal, consider safety as upmost importance with every flight. My small unmanned aircraft is 

designed to hover in place via GPS and operate in less than a 16 knot (17 mph) wind. For safety, stability 

and fear of financial loss I will not fly in winds exceeding 14 knot (15 mph). Built in safety systems 

include a GPS mode that allows my sUAS to hover in place when radio controls are released. With three 

modes to choose from, I utilize the GPS Mode4 for aerial photography and videography. This is the safest, 

most reliable and stable mode to prevent accidents and hazards. When pilot communication is lost, the 

sUAS is designed to slowly descend to point of take-off. 

I do not operate my sUAS near airports, Hospitals nor Police heliports, and do not operate near areas where

general public is within thirty to one hundred (30-100) 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 sUAS 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 ten (10) to fifteen 

(15) minutes, with an altitude under two hundred (200) feet. I, Doug Westphal, utilize a fresh fully charged 

battery with each flight as a safety precaution; full flight time limit for each battery is twenty (20) to 

twenty-five (25) minutes as tested. 

I do not operate my sUAS at or below the manufacturer recommend minimum charge levels for operation; 

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

control and sUAS to eliminate potential for crash, loss of control or hazards. 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, which could create hazards to the public / property / manned aircraft, and have no 

desire to lose an investment. I have done scores of practice flights in remote areas as a hobbyist simulating 

flights for future commercial use to gain familiarization with the characteristics of this specific sUAS’s 

performance under different temperature and weather conditions. All for the sake of safety. 
I, Doug Westphal, am extremely cautious when operating of my sUAS / ultra-lightweight 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 sUAS it falls well within Congress’s contemplated safety 

zone when it promulgated the Reform Act and the corresponding directive to integrate sUASs into the 

national airspace system. My, Doug Westphal’ sUAS, used in hobby flight, has a demonstrable safety 

record and does not pose any threat to the general public or national security. 

IV. How Doug Westphal’s Request Will Benefit the Public As A Whole:

Aerial photography and has been around for a long time through manned fixed wing aircraft and 

helicopters. For small budget productions the expense of such aerial photography and videography is cost

prohibitive. Only larger companies can afford to absorb such expense. Manned aircraft pose a threat to 

the public through the potential of a catastrophic crash. My, Doug Westphal's, sUAS poses 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 sUASs 

into the national airspace system, hence the passing of the Reform Act. Granting my, Doug Westphals’s, 

exemption request furthers the public interest through academic/visual awareness of the photography and 

videography fields throughout the Southeast Wisonsin area. My ultra-lightweights UAS is battery 

powered and creates no emissions that can harm the environment. The consequence of my ultralightweights 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

photography and videography captured through my battery operated ultra-lightweights UAS's. Permitting 

me, Doug Westphal, to immediately fly within national air space furthers economic growth. Granting my 

exemption request substantially furthers the economic impact for the Southeast Wisconsin area for 

companies looking to use aerial photography and videography, both of which serve as a stimulus to the 

community. 

V. Reasons Why Doug Westphal's Exemption Will Not Adversely Affect Safety Or How The 

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

My, Doug Westphal’s, exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated permitting me, Doug Westphal, 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 photographers and videographers for development 

in cooperation with the FAA. 

In addition I, Doug Westphal, submit the following representations of enhancements to current aerial 

photography/videography. My sUAS weighs less than 5 pounds complete with a small ultra-lightweight 

high quality camera; I only operate my sUAS below 400 feet (within the 400 foot permissible ceiling set by 

the FAA Modernization and Reform Act of 2012); My sUAS only operates for ten (10) to twenty (20) 

minutes per flight; I land my sUAS prior to manufacturer recommended minimum level of battery power; 

I pilot my sUAS through remote control only by visual line of sight; My sUAS has GPS, a flight safety 

feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost; I 

actively analyze flight data and other sources of information to constantly update and enhance safety 

protocols; I only operate in reasonably safe environment away from airports and areas with large groups of 

people; I conduct extensive pre-flight inspections and protocol, during which safety carries primary 

importance; I always obtain all necessary permissions prior to operation; and, I have procedures in place 

to abort flights in the event of safety breaches or potential danger. 

My, Doug Westphals’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 sUAS into our national airspace system, 

helicopters are the primary means of aerial photography and videography. While the safety record of 

such helicopters is remarkably astounding, there has been incidents involving loss of life as well as 

extensive property damage; it is far safer to operate a battery powered ultra-lightweight sUAS. 
First, the potential loss of life is diminished because sUASs carry no people on board and I only operate my 

sUAS in specific areas away from mass populations. Second, there is no fuel on board a sUAS and thus 

the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability 

of my sUAS 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 sUAS need not be so close 

to the objects they are focused on through the technology and use of post editing software allowing 

panning, tilting and zooming. 

Accordingly, my sUAS 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, Doug Westphal’s, sUAS permits exemption from Part 21 because my sUAS 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 sUASs from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. My, Doug Westphal's, current and projected 

sUASs 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. B. C. D. E. 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 sUASs, this 

Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight 

manual delineating areas of where safety can be defined.5 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 sUAS 

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, Doug Westphal . 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 sUASs 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 the sUASs 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. 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, Doug Westphal, 

can achieve an equivalent level of safety as achieved by current Regulations because my sUAS 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 sUAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Doug Westphal, to operate my 

sUAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 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 sUAS will never operate at an 

altitude greater than 400 AGL.

I, Doug Westphal, will however operate my sUAS 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 sUAS, an equivalent or higher level of safety will be achieved. 

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.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, Doug Westphal', sUAS. However, as a safety precaution I thoroughly inspect my sUAS before and 

after each flight. 

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 sUAS permits exemption from Part 21 because my, Doug 

Westphal’s, sUAS 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 sUASs from the airworthiness certificate requirement in consideration of the weight, size, speed,

maneuverability and proximity to areas such as airports and dense populations. My sUAS 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 sUASs, 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, Doug Westphal 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, Doug Westphal', small unmanned vehicle/lightweight unmanned 

aircraft vehicle in community awareness and aerial photography and videography operations. Currently, 

area awareness and aerial photography and videography relies primarily on the use of larger aircraft 

running on combustible fuel. Posing potential risk to the public. Granting my, Doug Westphal’, request for 

exemption will reduce current risk levels and thereby enhance safety. My sUAS craft does not contain 

potentially explosive fuel, is smaller, lighter and more maneuverable than conventional 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, Doug Westphal, have been informally analyzing flight 

information and will compile safety protocols and the implementation of a flight operations manual 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, Doug Westphal’s, sUAS 

and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Doug 

Westphal's, operation of my sUAS, 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, 

Doug Westphal, 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,

Doug Westphal

Vice President/Photographer / 

Videographer

PT Imaging LLC

2400 S Commerce Dr

New Berlin, WI 53151