Page 1 of 13 T. J AY S EALE

, III

K ENNETH L. R OSS

R USSELL W. R

UDOLPH

P ATRICK K. R ESO 1,2

K EVIN P. L ANDRENEAU 5

G LEN R. G ALBRAITH

S TEVEN L. M C K NEELY

, LL.M. 1,4

L ESLI S. B OLNER

C ARL S. G OODE

, LL.M. 1,2,4,6

N ICOLE R OBERTS D ILLON 3

J OHANNA R. L ANDRENEAU

A MY L AWLER G ONZALES 5

F RANK J

. D I V ITTORIO

E LSBET C. S MITH

C ELESTE H. S HIELDS

G EORGIA K. T HOMAS J ENNIFER A. L EE

A. C ASEY D ESSELLES 

# S EA LE 

# R OSS

A PROFESSIONAL LAW CO RPO RATION

H A MM O N D• B A T O N R O U G E • M A D I S O N V I L L E

www.sealeross.com R EPLY T O : PO B OX 699

H AMMOND

, LA 70404

P HYSICAL A

DDRESS : 200 N ORTH C ATE S TREET
H AMMOND

, LA 70401

T ELEPHONE (985) 542.8500

F ACSIMILE (985) 542.4111

B OARD C ERTIFIED E STATE P LANNING

AND A DMINISTRATION S PECIALIST 1*

B OARD C ERTIFIED T AX L AW S PECIALIST 2*

B OARD C ERTIFIED F AMILY L AW SPECIALIST 3 *

B Y THE L OUISIANA B OARD

OF L EGAL S PECIALIZATION *

I N T AXATION 4

A DMITTED I N T EXAS 5

A DMITTED I N M ISSOURI 6 July 10 , 2015

Via Electronic Submission (regulations.gov)

Mr. Anthony Foxx, Secretary of Transportation U.S. Department of Transportation Docket Operations 1200 New Jersey Avenue, SE

Room W12

- 140, West Building Ground Floor Washington, DC 20590

Re: Whir de Lis, LLC Petition for Exemption under Section 333 of FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R. § 21, Subpart H; 45.21; 45.23(b); 45.25; 45.27; 45.29; 61.113(a) and (b); 91.7(a); 91 .103; 91.105; 91.119; 91.121; 91.151(a); 91.405(a) and (d); 91.407(a)(1); 91.409(a)(2); and 417(a) and (b)

Dear Mr. Foxx:

On behalf of Whir de Lis, LLC ( Whir de Lis ), and pursuant to Section 333 of the Federal Aviation Admi nistration Reform and Moderniz ation Act of 2012 (FMRA), I submit this petition seeking Whir de Lis ’ e xem p tion from the Federal Aviation Regulations (FARs) described above and more particularly herein. Whir

de Lis requests an exemption to commence commercial operations of a small Unmann ed Aircraft System (UAS) in the National Airspace System ( NAS) for the purposes of aerial photography

, videography

, and

data collection.

Whir de Lis ’ proposed operations of a UAS do not create a hazard to users of the national airspace system or the publi c due the UAS ’ s size, weight, speed, operational capability, proximity to airports

, popula t ed areas, and operation within visual line of sight (VLOS). Further, the proposed operations do not pose a threat to national security.

Whir de Lis ’ petition is si milar in all material respects to Exemption Nos. 11062, 11109, 11112, and 11213 granted by the FAA. In those Grants of Exemption, the FAA found that the enhanced safety achieved u s ing an UAS with the specifications described by the petitioners where the UA S would be carrying no passe ngers or crew (as opposed to a manned aircraft of significantly greater proportions, carrying crew and flammable fuel) gave the FAA good cause to find that the UAS operations enabled by those exem p tions were in the public intere st. Similarly, d escribed herein are the public interests that may be served byPage 2 of 13

gran t ing an exemption to Whir de Lis ; Whir de Lis ’ proposed operations and the UAS; and pr e cautions

Whir de Lis will implement and follow when operating the UAS.

Also, as of M arch 23, 2015, the FAA automatically grants to a UAS operator with a Section 333 exemption a blanket Certificate of Authorization (COA) for flights at or below 200 feet, provided the UAS weights less than 55 pounds; operations are conducted during daytime Visual Flight Rules (VFR) conditions; operations are within visual line of sight (VLOS) of the pilots; and the UAS remains specified distances away from ai rports or heliports. If Whir de Lis is provided with a Section 333 exemption, it will also comply wit h these conditions, making a blanket COA applicable.

Finally, in the event the FAA grants Whir de Lis a Section 333 exemption and then changes the applicable rules regarding UAS operation for commercial purposes to no longer require an UAS operator to po ssess either an airline transport, commercial, private, recreational

, or sport pilot certificate, Whir de Lis requests that it automatically be deemed to meet the applicable requirements of the FAA regarding UAS oper ations for commercial purposes so that n o additional license or certificate is necessary.

1. Applicant Whir de Lis , LLC

The name and address of the applicant is:

Whir de Lis , LLC

Attn: Jennifer Lee

200 North Cate Street
Hammond, LA 70403 jennifer.lee@sealeross.com

985.542.8500

Whir de Lis is a n aerial photography, videography, and data collection firm based in Hammond, Louisiana,

that services a variety of clients, including individuals, businesses, organizations, public agencies, and fe deral, state, and local governments throughout Lou isiana and the Southeast . Besides traditional photo graphy and videography, Whir de Lis provides a range of data collection services such as consultation i nvolving inspecting, documenting, and/or monitoring land parcels ; construction sites; changes to cond itions of habitats due to natural, man

- made, and extraordinary events ; activities of landowners ; and other

surface activ i ties

.

2. Public Interest in Granting Exemption to Whir de Lis

A uthorizing Whir de Lis to perform aerial data collection, photography, and videography with a UAS will positively impact the public in a number of ways, including providing safety, environmental, and economic
benefits, in addition to an increased level of access

. For example, use of a UAS instead of a helico p ter or airplane has increased safety considerations. A UAS carries no passengers, pilot, or crew, thereby increa sing safety for those individuals , and it has no flammable fuel, increasing safety to the general pu b lic.

Equally important is the positive environmental impa ct Whir de Lis will make while providing its services.

Whir de Lis ’ ability to use a UAS will reduce direct and indirect environmental impacts from ground

- based vehicular intrusion and noise. Also, the noise and air pollution associated with conventional m anned ai rcraft would be eliminated.Page 3 of 13

Also, e nabling Whir de Lis to complete aerial photography, videography, and data collection using an UAS will benefit the public with reduced costs and potential liability, as well as increased documentation and

accura cy. Whir de Lis ’ ability to use a UAS in connection with natural disasters is of great importance , e specially in Louisiana, as the company will be able to quickly assist with disaster assessments for natural or

manmade disaster assessment for its public or private clients.

In summary , the FAA ’ s grant of Whir de Lis ’ petition would benefit the public as a whole by allowing aerial photography, videography, and data collection work to be completed more cost efficiently, more acc urately, more safely, and with reduced costs and environmental impacts as compared to more trad i tional

methods currently used.

3. Whir de Lis ’ s Exemption Would Not Adversely Affect Safety

A. Proposed UAS s
– DJI Phantom 2 Vision+, Phantom 3, and Inspire

Whir de Lis proposes operating sm all and unmanned quadcopter s



### — the DJI Phantom 2 Vision+

, DJI Phantom 3 , and DJI Inspire I



### — to conduct aerial site photography, videography , and data co llection

. Whir de Lis requests exemptions for use of both versions of the DJI Phantom (DJI Pha ntom 2 Visio n+ and DJI Phantom 3 ) , as well as the DJI Inspire 1 . Following are specifications for the

DJI Phantom 2 Vision+ , and the Phantom 3 and Inspire 1 have similar features as they are built by

the same manufacture r (D JI ) :

i. Flight Time

The Phantom ’ s maximum fli ght time is 25 minutes.

ii. Weight

The Phantom weighs 2.74 pounds.

iii. Compass

The Phantom features a compass which reads geomagnetic information and assists the global positioning system (GPS) in accurately calculating the UAS ’ s position and altitude . Importan tly, it and other features help ensure the operator and UAS comply with all flight restrictions so

as to “ not create a hazard to users of the national airspace system or the public or pose a threat to national security ” as described by Section 33 3(b)(1) of the FMRA.

iv. Flight Radar

The Phantom is equipped with flight radar that displays the current position of the Phantom in relation to the operator. Exceeding the control range of the remote controller triggers the Phantom to automatically f ly back to the original takeoff point and land safely.

v. Flight Control System

The Phantom is equipped with a built

- in Flight Control System and the shielded, anti

- static compass described above. The Flight Control System features a failsafe function that aut o-Page 4 of 13 ma t ically activates under certain circumstances, such as if the remote controller is powered off, if the UAS has flown outside effective control range, if the signal between the UAS and the remote controller is blocked, or if there is a signal pro blem caused by interference. If act ivated, the failsafe function returns the Phantom back to its home point or start location and
lands. Even if the GPS mode is not active, the failsafe function will execute a controlled d escend and automatic landing.

vi. No Fly Zone

The Phantom ’ s software includes pre

- programmed “ no fly zones ” to increase flight safety and prevent accidental flights into restricted area, which assesses the database of NAS. Restricted areas include airports throughout the world. A “ warn ing zone ” has been set around the safety zone, and a warning message appears in the application if the operator flies within 320 feet of the safety zone

.

vii. Other Flight Limitations

The Phantom ’ s software prevents the UAS from flying into restricte d areas such as airports. The restricted areas include Class A safety zones (major international airports) where there is a

no

- fly zone and restricted

- altitude zones and Class B safety zones (smaller airports), which i ncludes no

- fly and warning zones

.

If the Phantom is within 1.5 miles of Class A safety zone, takeoff is prevented, and the operator cannot initiate flight. Between 1.5 and 8 miles around an airport, the Phantom may fly may at a maximum altitude of 35 feet, which increases so that the Phant om can fly up to 400 feet if it is five miles from an airport.

In the event the Phantom accidentally flies within the safety zone, the Phantom will automat ically descend to the restricted height. If there is a loss of GPS signal, the Phantom will land

im mediately once the signal returns. The operator can still control the UAS; however, he ca nnot make it ascend in altitude.

viii. Mobile Vision

The Phantom operator may track the UAS ’ s flight through the DJI Vision app installed on his

mobile device. Us e of this application allows the operator to see what the Phantom sees through a mobile device such as an iPhone.

ix. Manufacturer Updates

DJI, the manufacturer, regularly updates its website and the DJI Vision application with fixes, upgrades, etc. T he Phantom and associated mobile app can connect to receive manufacturer firmware and application updates, news, alerts, and support

.

x. UAS / Manufacturer Documents and Manuals

The DJI Phantom 2 Vision User Manual, Quick Start Guide, and Pilot Train ing Guide are all

available online for download at www.dji.com/product/phantom

- 2

- vision/download

.Page 5 of 13 The DJI Phantom 3 Professional User Manual and Quick Start Guide are available online for

download at www.dji.com/product/phantom

- 3/download

.

The DJI Inspire 1 Manual and Quick Start Guide are available online for download at www.dji.com/product/inspire

- 1/download

.

B. DJI Phantom Factory Specifications

The DJI Phantom 2 Vision+ factory specifications related to the UAS aircraft, gimbal, camera, r emote control

, range extender, and DJI Vision App are detailed at www.dji.com/product/phantom

2

- vision

- plus/spec

.

The DJI Phantom 3 factory specifications related to the UAS aircraft, camera, gimbal, vision pos itioning, remote controller, battery charger, intelligent flight battery, and DJI Pilot App are detailed

at www.dji.com/product/phantom

- 3/spec

.

The DJI Inspire I factory specifications related to the UAS aircraft, gimbal, camera, remote contro ller, charger, battery, vision positioning, and DJI Pilot App are detailed at www.dji.com/product/inspire

- 1/spec

.

C. Procedures for Ensuring UAS ’ s Condition is Safe for Flight

Whir de Lis is committed to ensuring it s operation of the Phantom or Inspire and unmanned flights do not create a hazard to users of the national airspace system or the public, or pose a threat to national security. As such, Whir de Lis will operate the UAS o nly under the following

conditions:

Flight operations will be conducted only in daylight hours and under visual meteorological conditions (VMC); The wind speed is not greater than 15 knots, which information is obtained from the nearest NOAA reporting station; The area to be inspected , monitored, or otherwise viewed is clearly defined on a plot plan drawing or map, with the path of flight and altitudes pre

- determined; The flight path is at least 500 feet from all non

- participating persons, vessels, vehicles, and/or

structures unless consent is granted or protective barriers/structures are in place; Flight operations present no hazard to the Pilot in Command (PIC), Visual Observer (VO), trainees, or any other persons; Flight plan and schedule have been reviewed with and approved b y Whir de Lis leadership;

and Flight plan is communicated to all Whir de Lis and client personnel in the area.

In addition, Whir de Lis has implemented procedures to make sure the Phantom or Inspire is in a condition that is safe for every flight. Befo re initiating each flight, the UAS operator/PIC will check the following items:

Phantom remote controller, smart battery, and range extender plus mobile device are fully charged;Page 6 of 13 Propellers are mounted correctly; Gimbal clamp has been removed;

D amping absorbers are in good condition and not broken or worn;

Anti

- drop kits have been mounted correctly; Camera lens cap has been removed;

Micro

- SD card has been inserted; Gimbal is functioning as normal; DJI Vision app on the mobile device c an connect to the camera; Compass has been calibrated; Flight radius and altitude limits (400 feet) have been reviewed with and approved by Whir de

Lis leadership; Flight radius is limited to the property boundaries of Whir de Lis ’ s client (or Whir de Lis has otherwise obtained consent from property owner); VO is stationed at the required initial observation point according to the flight plan and in
view of the PIC;
VO has means for continual verbal communication with PIC; There are no inoperab le components of UAS; All required site safety permits are approved and in possession of the PIC;
Motors can start and function as normal; and Flight Indicator Lights on the UAS verify that the home point is set to current location.

The above items are to be verified on Whir de Lis ’ Pre

- Flight Checklist utilized by the PIC. A fter checking these items, the PIC must sign and date the Pre

- Flight Checklist and file it in the UAS I nspection and Maintenance Record Book.

D. Radio Frequency (RF) Spectrum

The Phantom 2 Vision+ ’ s remote controller ground station (which is used for control of the UAS) has an operating frequency of 5.278

– 5.85 GHz. It is Federal Communications Commission (FCC) compliant with a communication distance in an open area of 800 m (875 yards). Following are other specifications:

Operating Frequency 5.728 GHz

- 5.85 GHz Communication Distance (open area) FCC Compliance: 800m Receiver Sensitivity (1%PER)

- 93dBm

Transmitter Power FCC Compliance: 100mW Working Voltage 120 mA@3.7V

Built

- in LiPo Battery Working Current/Capacity 3.7V, 2000mAh

Information about the RF Spectrum of the Phantom 3 and Inspire 1 can be found at the links d escribed above in Section 3(B).

E. Qualifications for Pilot in Command (PIC)

Whir de Lis will ensure the PIC directly responsible for the operation of the Phantom or Inspire on behalf of Whir de Lis is properly certified and experienced. First, any PIC retained by Whir de Lis to operate a UAS will possess an airline transport, commercial, priv ate, recreational

, or sport pilot

certificate and FAA airman medical certificate or valid U.S. driver ’ s license issued by a state, thePage 7 of 13 District of Columbia, Puerto Rico, a territory, a possession, or the f ederal government. The PIC will

a l so be required to have experience as a UAS rotorcraft pilot

.

Before operating the Phantom, the PIC will also have accumulated and logged a minimum of five hours as UAS pilot, specifically operating the Phantom 2 Vision+ , Phantom 3, or Inspire 1 (as a pplicable) , including accomplishing at least three take

- offs and landings during dedicated training sessions in the preceding 90 days. Also, the PIC will have demonstrated the ability to safely ope rate the UAS in a manner consistent with how it will be operated on Whir de Lis ’ s behalf. This will include completing evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures.

F. Proposed Operation of the UAS

i. Intended UAS Operations

Whir de Lis will use the Phantom or In spire for the purposes of aerial photography

, videogr aphy

, and data collection, including inspection, documentation, and monitoring. Whir de Lis ’

clients will include individuals, businesses, organizations, public agencies, and federal, state, and local go vernments; thus, the different s ervices it will provide to different types of clients vary widely. Despite the diversity of specific projects , Whir de Lis ’ use of a UAS will allow it to provide accurate information to clients more efficiently, more often, and at less e x pense.

In the case where a public agency or government is Whir de Lis ’ client, this ultimately tran slates into a reduction of taxpayer money required for the project. In addition, safety is i mproved and the risk to people and property is re duced when compared to more traditional means of obtaining the same information. Importantly, the environmental impact of using a battery operated UAS instead of a helicopter is greatly reduced.

Whir de Lis ’ services will primarily be condu cted above non

- populated areas, so there is little risk that people will be affected by Whir de Lis ’ operations of a UAS, which will not be co nducted in urban areas. Also, Whir de Lis ’ clients will n ot include airports, so no operations will

occur within five miles of t he geographic center of a non

- towered airport as denoted on cu rrent FAA

- published aeronautical chart unless a letter of agreement with that airport ’ s ma nagement is obtained and the operation is conducted in accordance with Notice to Airmen as required by t he Applicant ’ s COA.

ii. Intended Area of UAS Operations

As described above, Whir de Lis will use the Phantom or Inspire for the purposes of aerial photography

, videography

, and data collection

. The UAS will be operated on Whir de Lis ’ cl ients ’ private l and, unless its client is a public agency or federal, state, or local government that
request s such services on public land. Before commencement of any flight, Whir de Lis ’ s client will be informed of the operation. Whir de Lis ’ operations will be restrict ed to Class G ai rspace . The Phantom will not be operated by the PIC from any moving device or vehicle.Page 8 of 13 iii. Proposed Speed, Altitude and Visibility

While the Phantom and Inspire are capable of attaining a maximum speed of almost 30 knots
(15 m/s), Whi r de Lis does not intend to operate the UAS at that speed. Whir de Lis will use

the UAS for aerial photography

, videography

, and data collection . These purposes can best be achieved by operating the UAS at a much slower speed, around 4 knots or less (2 m/s ), to capture the best quality photographs and video or make proper observations. Also, the UAS ’ flight time will be maximized by operating at a slower speed. When traveling to a specified section (and over that of which there is no interest), the UAS may be operated at a faster speed, but it will not be flown at a speed exceeding a ground speed of 30 knots.

The purposes for Whir de Lis ’ operation of a UAS ( i.e. , aerial photography , v ideography, i nspection, and data collection ) require the aircraft to be c loser rather than farther away from the ground to obtain good quality images and information. Therefore, the altitude at which

all of the Whir de Lis ’ s operations of the Phantom or Inspire will be conducted will be below

400 feet. Addi tionally, the UAS ’ Fl ight Control System ensures it always operates below that

level.

Whir de Lis will not operate the UAS less than 500 feet below or less than 2,000 feet horizo ntally from a cloud when visibility is less than three miles from the PIC. If the PIC encounters

u npredicted obstacles or emergencies, including obscured visibility, operations will be abor ted immediately.

iv. Operation within VLOS

The UAS w ill be operated within the visual line of sight of the PIC at all times. This requires

the PIC to be able to u se human vision unaided by any device other than corrective lenses. All operations will use a visual observer (VO), and the VO may be used to satisfy the visual line of sight requirement as long as the VO always maintains VLOS capability and the VO and PIC are able to communicate verbally at all times.

v. Preflight Inspection

Prior to each flight, and as further described above in Section 3(C), the PIC will inspect the

Phantom or Inspire to ensure it is in a condition for safe flight. If the inspection reveals a co ndition that affects the safe operation of the UAS, the flight will not commence until the nece ssary maintenance has been performed and the UAS is re

- inspected and found to be in a co ndition for safe flight. All maintenance and alterations will be properly documented and filed in the UAS Inspection and Maintenance Record Book. If the UAS has undergone maint e nance or alterations that affect UAS operations or flight characteristics, it must undergo a flight fun ctional test. The PIC who conducts th e flight functional test will make an entry in the UAS ai rcraft records of the flight.

vi. Operating and Flight Precautions

The Phantom or Inspire will not be operated directly over any person, except authorized and consenting personnel, or below an al titude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency.Page 9 of 13 If the UAS loses comm unications or its GPS signal, it will return home to the original takeoff point. The UAS ’ flight will be aborted in the event of unpredicted obstacles or emergencies. Each flight will be completed within 25 minutes flight time or with 25% battery power remai ning, whichever occurs first.

vii. Certificate of Waiver or Authorization (COA)

Prior to conducting any operations, Whir de Lis will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) for the Phantom and Inspire . The UAS ai rcraft will be identified with its serial number, registered and marked in accordance with appl icable re g ulation s, with such marking to be as large as practicable.

viii. Flight User Manual

DJI ’ s Flight User Manual for the Phantom or Inspire will be available to the PIC at the ground control station any time the UAS is operating.

ix. Right of Way

The Phantom will remain clear of and yield the right of way to all manned aircraft operations

at all times.

x. Accident Reports

Any incident, action, or flight operation that transgresses the lateral or vertical boundaries of the operational area described in the applicable COA will be reported to the FAA ’ s Integration Office within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB). Further flight operations will not be conducted until the incident, accident, or tran sgression is reviewed by the AFS

- 80 and authorization to resume is provided.

4. Relief Requested by Whir de Lis

A. In General

The FAA is expected to release rules applicable to the operation of UASs for commercial purposes next year. Until such time, it is appropria te for the FAA to allow certain commercial operations of small UASs through the exemption process as Congress has directed the FAA “ t o safely accele r ate the integration of civil unmanned aircraft systems into the national airspace system. ” 1 Whir de Lis ’

pr oposed operations and restricted use of the Phantom or Inspire ; the UAS ’ s size and built

- in safety features; and the areas of operation in no way pose threats to the NAS or public, or create a national security issue.

1 FMRA § 332(a)(1)Page 10 of 13

B. Specific Sections of Federal Aviatio n Regulations

Whir de Lis requests exemptions from the following specific regulations:

14 CFR § 21, Subpart H

14 CFR § 45.21 14 CFR § 45.23(b)

14 CFR §45.25

14 CFR § 45.27

14 CFR § 45.29

14 CFR § 61.113(a) and (b)
14 CFR § 91.7(a)

14 CFR § 91.103

14 CFR § 91.105

14 CFR § 91.119

14 CFR § 91.121 14 CFR § 91.151(a) 14 CFR § 91.405(a) and (d)

14 CFR § 91.407(a)(1)

14 CFR § 91.409(a)(2)

14 CFR § 417(a) and (b)

i. 14 CFR 21, Subpart H: Airworthiness Certificate

Whir de Lis requests an exemption from 14 CFR 21 , Subpart H, which establishes the proc edures for the issuance of an airworthiness certificate. Whir de Lis requests an exemption b ecause the UAS meets an equivalent level of safety pursuant to Section 333 of the FMRA due to its small size, light weight, a nd remote, rural operating environment.

ii. 14 CFR 45.21: General

Whir de Lis requests an exemption from 14 CFR 45.21, which provides that except as provided in §45.22, no person may operate a U.S. registered aircraft unless that aircraft displays natio nality and registration marks in accordance with the requirements of this section and §§45.23 through 45.33

. Currently there are no procedures for obtaining a registration mark for the UAS by the FAA, but Whir de Lis is agreeable to having a registration number assigned and to displaying it where practicable relative to §§45.23, 45.27, and 45.29.

iii. 14 CRF 45.23(b): Marking of the Aircraft

Whir de Lis requests an exemption from 14 CFR 45.23(b), which requires that “ ...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. ”

Whir de Lis requests a n exemption from this requirement since the UAS does not have a ca bin, cockpit, or pilot station entrance on or near which the required marks can be displayed. A lso, two to six

- inch lettering is not practical due the small size of the UAS. Whir de Lis willPage 11 of 13 place the word ” Experimental “ on the UAS in compliance with §45.29(f) and in the largest practicable manner, which will provide an equivalent level of safety.

iv. 14 CFR 45.25: Location of Marks on Fixed

- Wing Aircraft

Whir de Lis requests an exempti on from 14 CFR 45.25, which describes marking requirements on fixed wing aircraft. The Phantom and Inspire are multirotor quadcopter s and not a fixed

wing aircraft. Thus, 14 CFR 45.25 is not applicable.

v. 14 CRF 45.27: Location of Marks on Nonfixed

- Win g Aircraft

Whir de Lis requests an exemption from 14 CFR 45.27, which provides that each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. The UAS is small and does not have cabin, fus elage, boom, or tail to display the marks required by §45.23. As such, the marking requirements of this section are not feasible, though the UAS will display the required marking in the lar gest practicable manner in conspi cuous locations.

vi. 14 CFR 45.29: Size of Marks

Whir de Lis requests an exemption from 14 CFR 45.29, which provides that the registration marks for rotorcraft must be at least 12 inches high. Due to its small size, the Phantom or I nspire does not have a surface area large enough to display marks at least 12 inches high. The UAS will display the required marking in the largest practicable manner in conspicuous loc ations.

vii. 14 CFR 61.113(a) and (b): Pilot Privileges and Limitations; PIC

Whir de Lis requests an exemption from 14 CFR 61.113 (a) and (b), which restricts private p ilots from flying aircraft for compensation or acting as PIC unless the flight is only incidental to that business or employment. Currently there are no standards for private or commercial UAS operations, and Whir de Lis proposes using pilots pos sessing an airline transport, co m me r cial, private, recreational, or sport pilot certificate and FAA airman medical certificate or valid state

or federal U.S. driver ’ s license. Beca use of the UAS ’ size, weight, speed, and li m ited area where it would be operated by Whir de Lis, a PIC with the above certification, trai n ing

, and logged hours would ensure public safety and prevent any hazards to the NAS.

viii. 14 CFR 91.7(a): Civil Ai rcraft Airworthiness

Whir de Lis requests an exemption from 14 CFR 91.7(a), which provides that no person may operate a civil aircraft unless it is in airworthy condition. If an exemption from 14 CFR 21, Subpart H is granted, no airworthiness certificate will be required. Thus, this requirement may be inapplicable, assuming that airworthy condition means having an airworthiness certificate.

Whir de Lis will, however, ensure that maintenance requirements are met, all preflight checks are completed, and an equivalent level of safety will be provided.Page 12 of 13 ix. 14 CFR 91.103: Preflight Action

Whir de Lis requests an exemption from 14 CFR 91.103, which requires the PIC to perform

ce r tain preflight inspections before flight. The PIC will take actions before initia tion of any flight to ensure the safety of the same, including performing the Phantom preflight check and reviewing weather reports, forecasts, flight battery requirements, takeoff and landing distan ces, and aircraft performance data.

x. 14 CFR 91.105: Flight Crewmembers at Stations

Whir de Lis requests an exemption from 14 CFR 91.105 as this section is not applicable due to

the Phantom or Inspire carrying no flight crewmembers.

xi. 14 CFR 91.119(c): Minimum Safe Altitudes

Whir de Lis requests an exemption fro m 14 CFR 91.119(c), which prohibits operating an ai rcraft at an altitude of less than 500 feet except over open water or sparely populated areas, and in those cases, no closer than 500 feet to any person, vessel, vehicle, or structure. Whir de

Lis ’ s petiti on requests authority to operate at altitudes up to 400 feet above the surface. B ecause of the remote location of the UAS ’ s operation and its size, weight, and limited speed, and the consent of the property owner, the equivalent level of safety will be ach ieved. There will be no increased hazard to the public or users of the NAS.

xii. 14 CFR 91.121: Altimeter Settings

Whir de Lis requests an exemption from 14 CFR 91.121, which requires an aircraft to be ope rated by reference to an altimeter that is set t o the elevation of the departure airport or an a ppropriate altimeter setting available before departure. The Phantom or Inspire will not have a

ba ro me t ric altimeter, but instead a GPS altitude read out. Therefore, an exemption is reques ted

. An equivalent level of sa fety will be achieved by the operator confirming the altitude of the launch site as shown on the GPS prior to takeoff. The operator will also monitor the UAS and control its maximum height.

xiii.14 CFR 91.151(a): Fuel Requirements for Flight in VFR Condi tions

Whir de Lis requests an exemption from 14 CFR 91.151(a), which prohibits a person from b eginning a flight in an airplane under VFR conditions unless there is enough fuel to fly to the first point of intended landing and then, during the day, for at least 30 minutes.

Whir de Lis will operate the Phantom or Inspire with an equivalent level of safety by termina ting the flight after 25 minutes or at a 25% battery power level (whichever occurs first). The UAS also features an aircraft battery monitoring system, and it will alert the operator of low battery voltage and return the aircraft to its take off location before battery capacity is d epleted. Whir de Lis will not operate th e UAS at night.Page 13 of 13 xiv. 14 CFR 91.405(a) and (d); 91.407(a)(1); 91.409(a)(2 ); and 91.417(a) and (b): Maintenance Inspections

Whir de Lis requests an exemption from 14 CFR 91.405 (a) and (d); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b), which specify maintenance and inspection standards. These sections and Part 43 only a pply to aircraft with an airworthiness certificate, so they are inapplicable to

Whir de Lis

.

Instead, Whir de Lis will perform maintenance in accordance with DJI ’ s User Manual and Pilot Training Guide for the Phantom or Inspire , keeping a log of any main tenance performed. It will also inspect the UAS and ensure it is in a condition safe for flight before initiating any flight. An equivalent level of safety will be achieved because the UAS is small in size and o perates in a limited area for limited periods of time.

5. Summary for the Federal Register

The following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Petitioner requests exemptions from the following rules:

14 C.F.R. § 21, Subpart H; 14 C.F.R. § 45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. §45.25;

14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 61.113(a) and (b); 14 C.F.R. § 91.7(a); 14
C.F.R. § 91.103; 14 C.F.R. § 91.105; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2);

and 14 C.F.R. § 417(a) and (b)

Petitioner seeks an exemption for the purposes of aerial photography, videography, and dat a colle ction

.

6. Conclusion

Whir de Lis, LLC ’ s Petition for Exemption satisfies the criteria set forth in the FMRA, and Whir de Lis ’ proposed operations would benefit the public and pose no threat to national security. The proposed operations describ ed in this Petition for Exemption are similar to those in previously issued grants of exemptions, and the FAA should grant the requested exemptions allowing Whir de Lis to operate a UAS to perform aerial photography, videography , and data collection servic es. Thank you in advance for your consideration.

Respectfully submitted,

Jennifer Lee
Counsel for Whir de Lis

, LLC