U.S. Department ofTransportation

Docket Management System 1200 New JerseyAvenue SE Washington, D.C. 20590 Re: Exemption Request; Section 333 ofthe FAA Modernization & Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21; 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 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: WHS Real Estate, LLC., herebypetitions the Secretary ofTransportation and Federal Aviation administration ("FAA") for exemption to the above referenced and below more fully described Federal Aviation Regulations. This exemption is being sought for the purpose ofutilizing Unmanned Aerial Systems (UAS) to conduct aerial videography for use as home inspection and marketing. The leadership team at WHS Real Estate, LLC., has a proven track record in aviation with over 2400 hours combined flight time in fighter and trainer aircraft, Commercial Pilot certifications, evaluator pilot certifications, instrument pilot certifications, and U.S. Air Force flight safety officer / mishap investigation training. **Public Interest**  WHS Real Estate, LLC., believes that relieffrom the aforementioned regulations will benefit the public interest in the following manners:
• Removal ofhuman risk from flight operations.

• Removal ofhuman risk from roofinspections.

• Reduction in gas emissions associated with powered flight.

• Improved safetyby reducing the risks involved with flying manned aircraft over residential homes

• Improvement upon cost efficiencies associated with manned flight. **Aircraft and**  **Equipment** WHS Real Estate, LLC., will use the following unmanned aircraft (UA) for inspection and photography work:

• DJI Phantom 2 plus (quad

-rotor)
Aircraft gross weight will not exceed respective operation manual guidance. WHS Real Estate, LLC., will use the following ground support equipment:

• DJI laptop Ground Control Station (DJI aircraft) o http://www.dji.com/product/pc

-ground

-station/download

• DJI iPhone 6 Ground Control Station (DJI aircraft) o http://www.dji.com/product/ipad

-ground

-station/downloadOperating characteristics and maintenance procedures are outlined in the attached operations

manuals. The radio frequency spectrum used for operation and control ofthe UA will complywith the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. All aircraft operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (N

-Number) markings in accordance with 14 CFRpart 45, Subpart C. Markings will be as large as practicable. Ifthe UA loses communications or loses its GPS signal, it will return to a pre-determined location within the planned operating area and land orbe recovered in accordance with the operating documents. Altitude awareness will be maintained via a radio communications telemetry data link, which downlinks from the aircraft to the PIC for active monitoring ofthe flight path. The altitude information will be generated by GPS equipment installed on the aircraft. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracyby the UAS PIC. Thus, WHS Real Estate, LLC., requests relieffrom 14 CFR 91.121 AltimeterSettings as previously granted in ExemptionNo.11109, Clayco Inc.
**Maintenance** WHS Real Estate, LLC., will carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts will be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. AnyUAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight (relief from 14 CFR 91.7(a) Civil aircraft airworthiness, reference ExemptionNo. 11109 granted to Clayco, Inc.) The pre-flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft will be prohibited from operating until the necessarymaintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records. Each UAS operated under this exemption will complywith all manufacturer Safety Bulletins. The authorized person will make an entry in the aircraft record ofthe corrective action taken against discrepancies discoveredbetween inspections. **Safety**WHS Real Estate, LLC., is committed to ground and flight safety

. A flight safetyprogram will be

implemented

. WHS Real Estate, LLC., will implement a safetyprogram consistent with the needs of small UAS flight. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **Availabili ty**  **of Documentation**  The operating documents associated with this exemption will be accessible during UAS operations and made available to the Administrator upon request. **Flight Operations**  WHS Real Estate, LLC., will obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) prior to conducting any operations under this grant ofexemption. WHS Real Estate, LLC., will also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements. The UA will be operatedwithin visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses

. The UA will be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC will be in feet AGL. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. The UA will not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter ofagreement with that airport’s management is obtained, and the operation is conducted in accordance wit h a NOTAM as required by the operator’s COA. The letter ofagreement with the airport management will be made available to the Administrator upon request. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 10% batterypower remaining.The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground

Control Station ofthe UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request. The UA will remain clear and yield the right ofway to all manned aviation operations and activities at all times

. 

### The UA maynot be operated over congested or denselypopulated areas. Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:



### • Barriers or structures are present that sufficientlyprotect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator will ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or;


### • The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does not present an undue hazard, and;


### • Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). All operations shall be conducted overprivate or controlled

-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. The UA will not be flown at an indicated airspeed exceeding 30 knots. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents.
**Conclusion** WHS Real Estate, LLC., requests a review ofthe aforementioned reliefrequest at the earliest date practicable. We believe we have addressed all the requests and requirements set forth by Section 333 reliefguidance and that our request is in line with previously approved reliefrequests. It is our recommendation that the Secretary ofTransportation and FAA approve the exemption for WHS Real Estate, LLC., due to the favorability ofthe public interest and the ability ofthe exemption to provide a level ofsafety at least equal to that provided by the rules from which exception is being sought. WHS Real Estate, LLC., owner Attachments: 

### (1) DJI Phantom 2 Plus Operations Manual