October 8 th

, 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 a nd the procedures containe d withi n 14 C.F.R. 1 1, t o request that I, Doug Westphal , an o wner a nd

operator of small u nmanne d aircraft, b e exempte d from the Federal Aviati on Regulations (“FARs”) listed

below s o that I

, Doug Westphal , may o perate m y s mall ultra -l ightweight unmanned a ircraft system

( “sUAS”) commercially in airsp ace regulated by th e Federal Aviation Administration (“FAA”).

As described h erein I

, Doug Westphal , am a p hotographer and videographer ; experienced in f lying h obby

aircraft for recreational purposes. I hav e added a quad -c opter 1 sUAS to my inventory equipped wi th a s elf

contain ed camer a with intent for aerial photograph y a nd videography ; following e xemption a nd a pproval

b y the FAA.

My, Doug Westphal's , exemption r equest would p ermit operation o f u ltra -l ight weight, unmanned ( piloted

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

Predetermined in areas away from large p ublic g atherings, airports a nd h eliports for community videos

,

p h o tos a nd vide o of new a nd remodele d commercial b uildings/projects, individual homeowner aerial

p h o tography/videog raphy, p hotogra phy a nd vide o of la nd dev elopments for builders, and n ature p hotos

a nd videos i n completel y unpopulate d areas a nd other communit y relate d events upon request.

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

h o b b y ists wit h no safet y pla n or controls i n place t o prevent c atastrophe. I, Doug Westphal , have

p ersonally instilled s afety p rotocols a nd c ontrol d to a void a nd p revent public h azard, as w ell as m anned

a ircraft hazards/catastrophe. T his will a ct t o further safet y protocols exclusive t o lightweight sUAS's

specific to photogra phy & videogra phy usage as I, Doug Westphal , record f light data a nd o ther

in formation g ained through p ermitted f light operations to s hare w ith th e F AA th rough a ny r equired F AA

r eports to a ssist with future protocol and safety regulation.

Granting m y, Doug Westphal ’s, reques t comports with th e Secretary of Transportation’s (FAA

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

system, but to “...establish requirement s for the safe operation of such aircraft system s [sUASs] in th e

national a irspace system” under Secti on 333(c) of the Reform Act specific t o the use of sUASs for

p h o togra phy & videogra phy purposes. F urther I, Doug Westphal , will conduct my o perations in

c ompliance with t he protocols described herein or as otherwise established by th e FAA.

For the reasons stated below I, Doug Westphal , respectfully r equest the g rant of a n e xemption a llowing

m e to operate ultra -li ght weight, remote c ontrolled s UASs f or th e p urposes o f

a cquiring a erial p hotos &

v ideos, bot h of whic h will p romote local e conomic growt h thr ough increase d employment a nd increase d

ta x base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel

that that poses potential p u b lic hazard.

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

I. Contact Information:

Doug Westphal

, Vice Presid ent, PT Imaging LLC

, 2400 S Commerce Dr, New Berlin, WI 53151

. Office: (262) 780-2901 Mobile: ( 262 ) 520

- 2599

. Ema il: 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 s eeks a nd th e R eason H e S eeks S uch R elief:

I, Doug Westphal , submit this a pplication in a ccordance w ith th e R eform A ct, 112 P .L. 95 § § 3 31 -3 34

, seeking relief from any currently applicable FAR s operating to prevent me, Doug Westphal

, contemplated commercial cinematic, academi c and other flight operations within th e national airsp ace

system. The Reform Act in Section 332 provides for such integrat ion o f c ivil unmanned a ircraft

systems in to o ur national a irspace system as it i s i n the public’s interest t o do so.

My, Doug Westphal ’s, ultra -l ightweight sUAS m eets th e d efinition o f “ small un manned a ircraft” a s d efined

in Section 331 and therefore the i ntegrati on of m y ultra -l ightweight sUAS is e xpressly c ontemplated b y th e

Reform Act. I would like to operate my ultra

- lig htweight sUAS p rior to th e tim e p eriod b y w hich th e

Reform Act requires the FAA to promulgate rules g o v erning such craft. Thereby, pro vidi ng direct

experien ce and valuabl e information for formal regulation that can b e administered uniformly to all related

sUAS aerial pho tography & videography.

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

n ational a irspace system. C o n siderations include: T h e weight, s ize, spee d a n d overall capabilities o f the

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

will be operated b y l ine of sight. 11 2 P.L. 9 5 § 333 (a). E ac h of these items reflect i n favor of a n exemption

for me, Doug Westphal . My s UAS u tilizes f our ( 4 ) c ounter -ro tating propellers fo r balance, control and

stability. My sUAS i s equipped with GPS , ground dectection, and auto return safety technology. Weighin g

less tha n five (5 ) pounds (far b elow the maximum 55 pound limit); i ncludi ng camera wit h gimbal.

I, Doug Westphal , consider s afety a s u pmost importance w ith e very f light. My s mall unmanned a ircraft is

designe d t o hover i n place via GPS a nd operate i n less th an a 1 6 k not (17 m ph) w ind. For s afety, stability

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

include a GPS mod e that allows my sUAS to hover in pl ace when radio controls ar e released. With thre e

modes to choos e from, I utili ze th e GPS Mode 4 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 designe d t o slowl y desce nd t o point o f ta ke -o ff.

I do not operate my sUAS nea r a irports, Hospitals no r Police heliports, and do not operate nea r a reas where

g eneral public is withi n thirt y t o one hundre d (30

- 1 0 0 ) yards dependi n g on location, conditions and

wea ther. I am constantly o n a lert f o r a n y manne d aircraft ( Police/Medical helicopters, etc.) a n d prepare d to

land / abort immediately to th e n earest and s afest ground p oint should a m anned a ir craft approach m y

loc ation o r

I s uspect manned a ircraft may a pproach n ear m y lo cation. My s UAS is c apabl e of vertical and

h o rizontal o perations, a n d are flow n onl y withi n m y line of sight of me, as the remote control pilot.

Utilizing b attery p ower rather than combustible fuels, fligh ts generally l ast between t en ( 10) to f ifteen

(15) minutes, with an alt itude u nder tw o h undred ( 200) f

eet. I

, Doug Westphal , utilize a f resh f ully c harged

b attery with e ach f

light as a safety precaution; full flight time limit for each b attery i s twenty ( 20) to

twenty -f ive (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. Re serve 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 wea ther conditions. A ll for the sake of safety.I, Doug Westphal , am e xtremely c autious w hen o perating o f m y s UAS / ultra -l ightweight unmanned

a ircraft and will not “creat e a hazard to users of th e national airsp ace system or th e public. ” 112 P.L. 95 §

333 (b ). Given t he small size and weight of my sUAS it falls well within C ongress’s contemplated s afety

zone when it promulgated th e R eform A ct and th e c orresponding d irective to in tegrate s UASs in to th e

n ational airsp ace system. My, Doug Westphal ’ sUAS, used in h obby flight, has a demonstrable safet y

recor d a nd does not p ose a ny threat t o the general p ublic or national security.



### IV. Ho w Doug Westphal ’s R equest Will Benefit the P ublic A s A W hole:

Aerial photography and has been around for a long time through manne d fixe d wi n g aircraft and

h elicopters. For small budget productions the expense of suc h a erial photograph y a nd videogra p h y is cost

p rohibitive. Onl y l arger companies ca n a ffor d to a bsor b s uc h e xpense. Manne d aircraft pose a threat t o

the public thr ough t he potential of a c atastrophic c rash. My

, Doug Westphal' s, sUAS pose s no such threat

since size and lack of combustible fuel alleviate s any potential threat to the public.

Congress h as already proclaimed that it is in the public’s interest to integrate commercially fl o wn sUASs

into th e n ational airspace s ystem, hence th e p assing o f th e R eform A ct. Granting m y

, Doug Westphals ’s,

exemption request furthers th e publi c interest thr ough a cademic/visual awareness of the photo g raph y a n d

v ideogra phy f

ields thro u g h o u t the Southe a st Wisonsin a rea. My u ltra -li g h tweights U AS is b attery

p owered a nd creates no emissions that can harm th e environment. Th e co nsequen ce of my ultra

lightweights U AS cra shing i s far le ss than a full size helicopter or fixed wing aircraft; which are heav y,

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

p h o tograph y a nd videogra phy capture d thr ough m y batter y operate d ultra -l ightweights U AS's. Permitting

me, Doug Westphal , to im mediately f ly w ithin n ational air space further s economic growth. Granting my

exemption request substantially furthers th e economi c impact for th e Southeast Wisconsin a rea f or

c ompanies looking to u se a erial photograph y a nd videography, b ot h of whic h serve as a stimulus t o the

community.



### V. Rea son s Why Doug Westphal's E xemption W ill Not Adversely A ffect Safety O r H ow T he

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

My, Doug Westphal ’s, exemp tion w ill not adversely a ffect safety. Quite th e c ontrary, for th e r easons

s tat ed permitti ng me, Doug Westphal , to lo g m ore f light time in F AA c ontrolled a irspace, with

c ommunication w ith the F AA, will allow m e to c ontribute to th e in novation a nd im plementation o f n ew

a nd n ovel, as o f

y et un d iscovere d safet y p rotocols for photographers a nd v ideographers f or d evelopment

in c ooperation w ith the F AA.

In addition I, Doug Westphal , submit the f ollowing r epresentations o f e nhancements to c urrent aerial

photog ra phy/ videography. My sUAS weighs less than 5 pounds complete with a small ultra -l i ghtweight

h i gh qualit y camera; I onl y opera te my sUAS below 400 feet (within the 400 foot permissible ceiling set by

the F AA M odernization a nd R eform A ct of 2 012); My s UAS o nly o perates f or te n ( 10) to twenty ( 20)

minutes per fl ight; I la nd m y sUAS prior to m anufacturer r ecommended m inimum le vel of b attery p ower;

I pil ot my sUAS through remote contro l only b y v isual line o f sight ; My sUAS ha s GPS, a flight safety

feature whereby it hovers and then slowly lands i f communication with th e remot e control pil ot is lost; I

actively analy ze flight dat a and other sources of information to constantly updat e and enhan ce safety

p rotocols; I only operate in rea sonably safe environment away from a irports a nd areas with larg e groups of

p eople ; I conduct extensive pr e-f light inspections and protocol, during which safety carries primary

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

to a bort flights in th e e vent of s afety b reaches o r

p otential danger.

My, Doug Westphals ’s, safety p rotocols p rovide a le vel of s afety e qual to o r

e xceeding e xisting r

ules. It is

important to n ote th at absent the in tegration o f c omme rc ial sUAS into our national airspace system,

h elicopters are the primar y m eans o f aerial photography a nd videography. While the safet y recor d of

such helicopters is remarkabl y a stounding, there has bee n i ncidents involvi ng loss of life as well as

extensive propert y d amage; it is far safer t o o perate a batter y p owere d ultra -l ightweight sUAS.First, the potential loss of life is diminished be c ause 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 bo a rd a sUAS and thus

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

o f 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 c lose

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

panning, tilting and zooming.

Accordingl y , my sUAS 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 a nd 1 4 C .F.R. 91: Airworthiness Certificates, Manuals and t h e Like. 14 C .F.R. 21,

Subpart H, entitled A irwo rthiness Certificates, sets forth req u i rements fo r p ro curement of necessary

airworthiness certificates in relation to FAR § 91.203(a)(1). Th e size, weight and enclosed operational ar ea

o f my, Doug Westphal ’s, sUAS permit s exemption fro m Part 21 b ecause my sUAS meet s (and exceed s) an

equivalent le vel o f safet y pursuant t o Secti on 333 of the Reform Act. The FAA is authorize d t o exempt

aircraft from the a irworthiness c ertificate r equirement under b oth th e A ct (49 U .S.C. § 4 4701 ( f)) a nd

S ection 3 33 o f

th e Reform Act. Both p ieces of legislation permit th e F AA to e xe mpt sUAS s from the

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

pro ximity to areas such as airports and dens e populations. My

, Doug Westphal's

, current and proj ec ted

sUASs m eets o r

e xceeds e ach o f the e lements. 1 4 C

. F.R. 91.7(a) p rohibits th e o p eration o f a n a ircraft

without an a irworthiness c ertificate. As no su ch certificate will be applicab le in t he form contemplated b y

the FARs, this Regulation i s in applicable. B. C. D. E . 14 C .F.R. § 9 1.9 ( b) ( 2) r equires a n a ircraft flight

manual in th e a ircraft. As th ere ar e no on board pilots or passengers, an d given th e si ze o f th e sUASs, thi s

Regu latio n i s inapplicable. An equivalent level of safety will b e ach ieved by maintaining a safety /flight

man u al d elineating areas of where safety can be defined. 5 The FAA has p reviously issued exemptions to

this regulation in Exemption No s. 8607, 8 737, 8 738, 9 299, 9 299A, 9565, 9565B, 10167, 10167A, 10602,

1 0 7 0 0 a nd 32827. 1 4 C.F.R. § 91. 121 regardi ng altimeter set ti ng s is in applicable in sofar as my sUAS

u tilize s electro n ic global positio ning system s with a barometric sensor. 14 C.F.R. § 91.20 3 (a) and (b)

p ro v ide s for the carry ing of civil aircraft certifications an d reg istrations. They ar e ina pplicable for the same

reasons describe d above. T he equivalen t level of s afety w ill be a ch ieved b y m ain taining a ny s uch r equired

c ertifications a nd r egistrations b y m e, Doug Westph al . 14 C .F.R. § 4 5.23: Marking o f th e A ircraft.

Applicable C o des o f

F ederal Re g u lati on require aircraft to b e marked accord ing to certain specification s.

My sUAS s are, b y definitio n, unmanned. They therefore d o n ot have a c abin, cockpit or p ilot station o n

w hich to m ark

c ertain w ords o r

p h rases. Further, two -i n ch le ttering is d iffic ult t o place on suc h small

aircraft wit h dimensio n s smaller that m inimal l ettering requirement. Regardless, I will mar k th e sUAS s in

the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14

C.F. R. §45.29 (f) so th at I th e pilot, or anyon e assisting m e as a spo tter with th e UAV will s ee th e

markings. Th e FAA has previously issued exemptions to th is r egu lation th rough E xemptions N os. 8738,

1 0167, 10167A a nd 1 0700. 14 C

. F.R. § 6 1.113 : Private Pilot Priv ileges and Limi tations: PIC. Pursuant to

1 4 C

. F.R. §§ 6 1.11 3 ( a) & ( b), priv ate p ilots a re lim ited to n on -c ommercial operations. I, Doug Westphal

,

can a chieve a n e quivalent level of s afety a s a chiev ed b y current Regulations becau se my sUAS doe s not

carry any pilot s or pass engers. Further, whil e helpful, a pilot l icense will not ensure remote control piloti ng

skills. The risk s attende d t o the operati on of my sUAS is f ar le ss th an th e r isk

le vels in herent in th e

c ommercial activities o utlined in 1 4 C .F. R. § 6 1, et seq. Thus, allowing me, Doug Westphal , to o pera te my

sUAS meet and exceed curren t safety level s in relation to 14 C.F.R. §61.113 (a) & (b). 1 4 C.F.R. 91.119:

Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitud es for th e operation of civil aircraft. It

al lows h elicopters to b e o perated a t lower a ltitudes in c ertain con ditio n s. My sUAS will never operate at an

altitud e greater than 400 AGL.

I, Do u g Westp h al, will however opera te my sUAS in safe area s away from public and traffic, p roviding a

level of safety a t least equivalent to o r b elow th ose in r elation to m inimum s afe a ltitudes. Given th e s ize,

weigh t, maneuverability and speed of my sUAS, an equivalent or higher level o f safety will be achieved.

1 4 C.F.R. 91.4 0 5 (a); 407 (a) (1); 409 (a ) (2); 417 (a ) & (b) : Mainte na n ce Inspections. The above -c ited

Regulations require, amo ngst 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 a s provided i n parag raph (c ) of thi s 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, a s a sa fety precaution I thoroughly inspe ct 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

Ce r tificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Ce rtificates, sets forth

requirements fo r procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The

size, weight and enclosed operational area of my sUAS permit s exemption from Part 21 because my, Doug

Westphal ’s, sUAS meet s an equivalent level of s afety p ursuant to S ection 3 33 o f th e R eform A ct. The F AA

is a uthorized to e xempt aircraft from th e a irworthiness c ertificate r equirement under b oth th e A ct (49

U.S .C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legi slation permit the FAA to

ex empt sUAS s f

rom the airworthine ss certificate requirement in consideratio n o f the weight, size, speed,

man euverability and proximity to areas such as airports and dense populations. My sUAS meets or exceeds

each o f th e el ements. 1 4 C .F.R. 91.7(a) p r ohibits th e o peration o f a n a ircraft without an a ir worthiness

certificate. As no such certificat e w ill b e applicabl e i n th e form contemplated b y th e FARs, this Regulation

is in applicable. 14 C .F .R. § 9 1 .9 ( b ) ( 2) r equires a n a ircraft flight manua l in th e a ircraft. As th e re a re n o

pil ots or passengers, a nd g ive n t h e size o f th e sUASs, thi s R egulation i s inapplicable. An equivalent level

of safet y w ill be achieve d by m aintaini n g a manual. The FAA has previousl y issue d exemptions t o this

r egu lation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenan ce program

tha t involves r egular

s oftware u pdates a nd c urative m e asures f or a ny d amaged h ardware. Therefore, an

eq uivalent level of safety will b e achieved.

In summar y, Doug Westphal s eeks a n e xe mption fro m the following Regulations:

14 C.F.R. 2 1, s u b p art H ; 1 4 C.F.R. 4 5.23(b); 1 4 C.F.R. § § 61 .113 ( a) & ( b); 14 C .F .R. §

91. 7 (a); 1 4 C.F.R. § 91. 9 (b)(2); 1 4 C.F.R. § 91.103(b); 1 4 C.F.R. § 91 .10 9; 14 C .F.R. §

91 .119; 1 4 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 1 4 C .F.R. § 9 1 .405 ( a);

1 4 C.F.R. § 91. 407 (a)(1); 1 4 C.F.R. § 91. 409 (a)(2); 1 4 C.F.R. § 91 .4 09 ( a ) (2); and, 14 C.F.R. §§ 91.417

(a ) & (b ) to commercially operate my, Doug Westphal ', small unmanned vehicle/lightweight unmanned

aircraft vehicl e in community awareness and aerial photograph y a nd videogra phy operations. Currently,

ar ea awareness and aerial photography and videography relies primarily on th e us e of larger aircraft

running o n combustible fuel. P osi ng potential r is k t o the public. Granti ng my, Doug Westphal ’, request for

exemption will r edu ce current risk levels and thereby enhan ce safet y. My sUAS craft doe s not contain

potentiall y explosive fuel, i s smaller, l ighter a nd more maneuverable tha n conventional aircraft wit h much

less f light time. Further, I o perate a t lower a ltitudes a nd in c ontrolled a irspace e liminating p otential public

risk flying to and from establ is hed air fields. I, Doug Westphal , have b een in formally a nalyzing f light

information a nd w ill compile s afety p rotocols a nd th e im plementation o f a f light operations m anual that

exceeds currently accepted means and methods for saf e flight. Formal collection of information shared

with the F AA w ill enhance th e F AA's in ternal e fforts to e stablish p rotocols f or c omplying w ith th e F AA

Modernization and Reform Act of 2012. There are no personnel on -b oar d my, Doug Westphal ’s, sUAS

and therefore th e lik elihood o f d eath o r s erious b odily in

jury is s ignificantly d iminished. My

, Doug

Westphal' s, operati on of my sUAS, weighing le ss than 5 pound s and travelling at lower speed s within

limited area s will provide a n equivalent l evel o f safet y as that a chieve d under current FARs. Accordingl y I,

Doug Westphal

, respectfully request that the FAA gran t my e xemption r equest and a m w illing to c ooperate

in s haring information to b enefit th e F AA, safety o f m anned a ircraft, and th e g eneral public a t large.

Res pectfully submitted,

Doug Westphal

Vice President/ Pho tographer /

Videog rapher

PT Imag ing LLC

2400 S Commerce Dr

New Berlin, WI 53151