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T. JAY SEALE, III 

KENNETH L. ROSS

RUSSELL W. RUDOLPH

PATRICK K. RESO1,2

KEVIN P. LANDRENEAU5

GLEN R. GALBRAITH

STEVEN L. MCKNEELY, LL.M.1,4

LESLI S. BOLNER

CARL S. GOODE, LL.M.1,2,4,6

NICOLE ROBERTS DILLON3

JOHANNA R. LANDRENEAU 

AMY LAWLER GONZALES5

FRANK J. DIVITTORIO

ELSBET C. SMITH

CELESTE H. SHIELDS

GEORGIA K. THOMAS

JENNIFER A. LEE

A. CASEY DESSELLES

SEALE ROSS

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

REPLY TO:

PO BOX 699

HAMMOND, LA 70404

PHYSICAL ADDRESS:

200 NORTH CATE STREET

HAMMOND, LA 70401

TELEPHONE (985) 542.8500

FACSIMILE (985) 542.4111

BOARD CERTIFIED ESTATE PLANNING

AND ADMINISTRATION SPECIALIST1*

BOARD CERTIFIED TAX LAW SPECIALIST2*

BOARD CERTIFIED FAMILY LAW SPECIALIST3*

BY THE LOUISIANA BOARD 

OF LEGAL SPECIALIZATION*

IN TAXATION4

ADMITTED IN TEXAS5

ADMITTED IN MISSOURI6

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 Administration Reform and Modernization Act of 2012 (FMRA), I submit this petition seeking Whir de Lis’ exemption 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 Unmanned 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 public due the UAS’s size, weight, speed, operational capability, proximity to airports, populated 

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 similar 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 using 

an UAS with the specifications described by the petitioners where the UAS would be carrying no passengers 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 exemptions 

were in the public interest. Similarly, described herein are the public interests that may be served by 
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granting an exemption to Whir de Lis; Whir de Lis’ proposed operations and the UAS; and precautions 

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

Also, as of March 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 airports or heliports. If Whir de Lis is provided with a Section 333 exemption, it will also comply with 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 possess 

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 operations for commercial purposes so that no 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 an aerial photography, videography, and data collection firm based in Hammond, Louisiana, 

that services a variety of clients, including individuals, businesses, organizations, public agencies, and federal, state, and local governments throughout Louisiana and the Southeast. Besides traditional photography and videography, Whir de Lis provides a range of data collection services such as consultation involving inspecting, documenting, and/or monitoring land parcels; construction sites; changes to conditions of habitats due to natural, man-made, and extraordinary events; activities of landowners; and other 

surface activities.

2. Public Interest in Granting Exemption to Whir de Lis

Authorizing 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 helicopter or 

airplane has increased safety considerations. A UAS carries no passengers, pilot, or crew, thereby increasing safety for those individuals, and it has no flammable fuel, increasing safety to the general public. 

Equally important is the positive environmental impact 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 manned aircraft would be eliminated. 
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Also, enabling 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 

accuracy. Whir de Lis’ ability to use a UAS in connection with natural disasters is of great importance, especially 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 accurately, more safely, and with reduced costs and environmental impacts as compared to more traditional 

methods currently used.

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

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

Whir de Lis proposes operating small and unmanned quadcopters—the DJI Phantom 2 Vision+, 

DJI Phantom 3, and DJI Inspire I—to conduct aerial site photography, videography, and data collection. Whir de Lis requests exemptions for use of both versions of the DJI Phantom (DJI Phantom 2 Vision+ 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 manufacturer (DJI):

i. Flight Time

The Phantom’s maximum flight 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. Importantly, 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 333(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 fly 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 auto-
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matically 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 problem caused by interference. If activated, 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 descend 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 “warning 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 restricted 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 includes 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 Phantom 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 automatically descend to the restricted height. If there is a loss of GPS signal, the Phantom will land 

immediately once the signal returns. The operator can still control the UAS; however, he cannot 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. Use 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. The 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 Training Guide are all 

available online for download at www.dji.com/product/phantom-2-vision/download.
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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, remote control, range extender, and DJI Vision App are detailed at www.dji.com/product/phantom2-vision-plus/spec.

The DJI Phantom 3 factory specifications related to the UAS aircraft, camera, gimbal, vision positioning, 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 controller, 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 its 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 only 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 by 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. Before 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;
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Propellers are mounted correctly;

Gimbal clamp has been removed;

Damping 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 can 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 inoperable 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. After 

checking these items, the PIC must sign and date the Pre-Flight Checklist and file it in the UAS Inspection 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 described 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, private, recreational, or sport pilot 

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

also 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 applicable), 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 operate 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 Inspire for the purposes of aerial photography, videography, and data collection, including inspection, documentation, and monitoring. Whir de Lis’

clients will include individuals, businesses, organizations, public agencies, and federal, state, 

and local governments; thus, the different services 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 expense. 

In the case where a public agency or government is Whir de Lis’ client, this ultimately translates into a reduction of taxpayer money required for the project. In addition, safety is improved and the risk to people and property is reduced 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 conducted 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 conducted in urban areas. Also, Whir de Lis’ clients will not include airports, so no operations will 

occur within five miles of the geographic center of a non-towered airport as denoted on current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained and the operation is conducted in accordance with Notice to Airmen as 

required by the 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’ clients’ private land, unless its client is a public agency or federal, state, or local government that 

requests 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 restricted to Class G airspace. The Phantom will not be operated by the PIC from any moving device or vehicle.
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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), Whir 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, videography, inspection, and data collection) require the aircraft to be closer 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. Additionally, the UAS’ Flight 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 horizontally from a cloud when visibility is less than three miles from the PIC. If the PIC encounters 

unpredicted obstacles or emergencies, including obscured visibility, operations will be aborted immediately.

iv. Operation within VLOS

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

the PIC to be able to use 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 condition that affects the safe operation of the UAS, the flight will not commence until the necessary maintenance has been performed and the UAS is re-inspected and found to be in a condition 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 maintenance or 

alterations that affect UAS operations or flight characteristics, it must undergo a flight functional test. The PIC who conducts the flight functional test will make an entry in the UAS aircraft 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 altitude that is hazardous to persons or property on the 

surface in the event of a UAS failure or emergency.
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If the UAS loses communications 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 remaining, 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 aircraft will be identified with its serial number, registered and marked in accordance with applicable regulations, 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 transgression 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 appropriate for the FAA to allow certain commercial operations of 

small UASs through the exemption process as Congress has directed the FAA “to safely accelerate 

the integration of civil unmanned aircraft systems into the national airspace system.”

1 Whir de Lis’

proposed 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)
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B. Specific Sections of Federal Aviation 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 procedures for the issuance of an airworthiness certificate. Whir de Lis requests an exemption because the UAS meets an equivalent level of safety pursuant to Section 333 of the FMRA due 

to its small size, light weight, and 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 nationality 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, lightsport, experimental, or provisional, as applicable.”

Whir de Lis requests an exemption from this requirement since the UAS does not have a cabin, cockpit, or pilot station entrance on or near which the required marks can be displayed. Also, two to six-inch lettering is not practical due the small size of the UAS. Whir de Lis will
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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 exemption from 14 CFR 45.25, which describes marking requirements 

on fixed wing aircraft. The Phantom and Inspire are multirotor quadcopters and not a fixedwing aircraft. Thus, 14 CFR 45.25 is not applicable. 

v. 14 CRF 45.27: Location of Marks on Nonfixed-Wing 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, fuselage, 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 largest practicable manner in conspicuous 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 Inspire 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 locations.

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 pilots 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 possessing an airline transport, commercial, 

private, recreational, or sport pilot certificate and FAA airman medical certificate or valid state 

or federal U.S. driver’s license. Because of the UAS’ size, weight, speed, and limited area where 

it would be operated by Whir de Lis, a PIC with the above certification, training, and logged 

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

viii. 14 CFR 91.7(a): Civil Aircraft 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.
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ix. 14 CFR 91.103: Preflight Action

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

certain preflight inspections before flight. The PIC will take actions before initiation 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 distances, 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 from 14 CFR 91.119(c), which prohibits operating an aircraft 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 petition requests authority to operate at altitudes up to 400 feet above the surface. Because 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 achieved. 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 operated by reference to an altimeter that is set to the elevation of the departure airport or an appropriate altimeter setting available before departure. The Phantom or Inspire will not have a 

barometric altimeter, but instead a GPS altitude read out. Therefore, an exemption is requested. An equivalent level of safety 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 Conditions

Whir de Lis requests an exemption from 14 CFR 91.151(a), which prohibits a person from beginning 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 terminating 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 depleted. Whir de Lis will not operate the UAS at night.
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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 apply 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 maintenance 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 operates 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 data collection. 

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 described 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 services. Thank you in advance 

for your consideration. 

Respectfully submitted,

Jennifer Lee

Counsel for Whir de Lis, LLC