U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, D.C. 20590

Re: Exemption Request; Section 333 of the FAA Modernization & Reform Act

and Part 11 of the 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., hereby petitions the Secretary of Transportation 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 of utilizing 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 relief from the aforementioned regulations will benefit the

public interest in the following manners:

• Removal of human risk from flight operations.

• Removal of human risk from roof inspections.

• Reduction in gas emissions associated with powered flight.

• Improved safety by 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/download
Operating characteristics and maintenance procedures are outlined in the attached operations

manuals. The radio frequency spectrum used for operation and control of the UA will comply with

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 CFR part 47, and have identification (N-Number) markings in accordance with

14 CFR part 45, Subpart C. Markings will be as large as practicable.

If the UA loses communications or loses its GPS signal, it will return to a pre-determined location

within the planned operating area and land or be 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 of the 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 accuracy by the UAS PIC. Thus, WHS

Real Estate, LLC., requests relief from 14 CFR 91.121 Altimeter Settings as previously granted in

Exemption No.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 of replacement/overhaul component parts will be noted in the aircraft records, including total

time in service, description of work accomplished, and the signature of the authorized person

returning the UAS to service.

Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a 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 Exemption No. 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 of the operating

documents. If the inspection reveals a condition that affects the safe operation of the UAS, the

aircraft will be prohibited from operating until the necessary maintenance 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 comply with all manufacturer Safety Bulletins. The

authorized person will make an entry in the aircraft record of the corrective action taken against

discrepancies discovered between inspections.

Safety
WHS Real Estate, LLC., is committed to ground and flight safety. A flight safety program will be

implemented. WHS Real Estate, LLC., will implement a safety program consistent with the needs of

small UAS flight.

Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the

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.

Availability 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 of Waiver

or Authorization (COA) prior to conducting any operations under this grant of exemption. 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 of airspace, altitude level and potential

transponder requirements.

The UA will be operated within visual line of sight (VLOS) 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.

The UA will be operated at an altitude of no 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 of an airport reference point as denoted on a 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 a NOTAM as required by the operator’s

COA. The letter of agreement 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% battery power remaining.
The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground

Control Station of the 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 of way to all manned aviation operations and activities

at all times. 

The UA may not be operated over congested or densely populated 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 sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator will ensure that

nonparticipating persons remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500 feet of the UA,

flight operations must cease immediately and/or;

• The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission and

the PIC has made a safety assessment of the risk of operating closer to 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 over private 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 of unpredicted obstacles or emergencies in accordance

with the operating documents.

Conclusion

WHS Real Estate, LLC., requests a review of the aforementioned relief request at the earliest date

practicable. We believe we have addressed all the requests and requirements set forth by Section 333

relief guidance and that our request is in line with previously approved relief requests. It is our

recommendation that the Secretary of Transportation and FAA approve the exemption for WHS Real

Estate, LLC., due to the favorability of the public interest and the ability of the exemption to provide

a level of safety 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