Via Electronic Submission and Certified U.S. Mail Docket Operations, M-30 U.S. Department of Transportation (DOT) 1200 New Jersey Avenue, S.E.

Room W12-140 West Building, Ground Floor Washington, D.C. 20590 -0001

September 21, 2015

Re: Application for Exemption from Specified Aviation Regulations Under

Section 333 of the FAA Modernization and Reform Act of 2012.

Applicant: Worldwide Aviation Solutions LLC Attn: James Krieger 2744 Moraine Valley Road Wauconda, Illinois 60084

Phone: 847-565-0215 Email: jkrieger@worldwideaviation.solutions

Dear Sir or Madam:

Please accept this letter as the application of Worldwide Aviation Solutions , LLC, for exemption from specified provisions of the Code of Federal Regulations. This exemption request is submitted under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”).

Worldwide Aviation Solutions LLC , (the “Applicant”), specializes in Air Traffic Control (ATC) and Airport Construction Safety consulting services. Worldwide Aviation Solutions LLC will soon expand into aerial imaging and other commercial applications using small unmanned aircraft system (sUAS) technology. The mission of Worldwide Aviation Solutions LLC is to be the world leader in air traffic safety consulting and aerial imaging services by providing our customers with uncompromised safety and exceptional quality in everything that we do. We soon intend to accomplish some of these services with the use of cutting-edge unmanned technology in a variety of

industries.

JAMES KRIEGER, president of Worldwide Aviation Solutions LLC, is an instrument - rated, fixed-wing pilot with nearly 500 hours of flying experience. He has over 33 years of FAA ATC experience at O’Hare Air Traffic Control Tower (ORD ATCT), Chicago TRACON (C90), and in the FAA Runway Safety Group (AJI-14).The Applicant proposes to use small unmanned aircraft systems (“sUAS”) in the following industries. These industries are:

1. Aerial photography and videography; 2. Precision Agriculture; 3. Wildlife population surveys; 4. Aerial Mapping;

5. Geosurvey

6. Utility (Pipeline and Powerline) inspection;

7. Aerial inspections of public and private structures, and

8. Real Estate photography, videography and inspection

The Applicant requests exemption from the following regulations for this purpose: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b)14 C.F.R. § 91.7(a), (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103;14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.203(a), (b); 14 C.F.R. § 91.405(a), (b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2); and 14 C.F.R. § 91.417(a), (b).

Summary of Applicant’s Scope of Operations

The Applicant proposes to conduct commercial sUAS operations in the areas specified above. The Applicant has developed a set of “Standard Operating Procedures for Flight Operations” (SOP) that sets forth the standards for performing the Proposed Operations (Appendix 1.) The SOP provides a baseline to ensure that all operations are conducted safely within the National Airspace System (“NAS”).

Each operation will be initiated following a discrete COA application. The Applicant proposes to conduct its commercial operations in Operations Areas that are clearly defined in each COA application (the “Operations Areas”).

The Pilot in Command (“PIC”) for each operation will hold, at a minimum, a private pilot

certificate.

Aircraft and Equivalent Level of Safety

The Applicant’s commercial operations activities will take place in Operations Areas defined by the Applicant’s COA applications prior to each commercial flight. The sUAS operations in these Operations Areas will pose little risk of injury or property damage. The Applicant proposes to use the following sUAS platforms for its operations under this application:

1. DJI Phantom 2 Vision

2. DJI Phantom 3 ProfessionalThese platforms weigh less than 55 pounds, including energy sources and equipment. The manufacturer-provided manuals are enclosed with this application (The User Manual for the DJI Phantom 2 Vision is enclosed as Appendix 2, and the User Manual for the DJI Phantom 3 Professional is enclosed as Appendix 3.) The Manufacturer Instructions will be used in conjunction with the Applicant’s SOP to ensure that the sUAS platforms are operated safely.

The Applicant will apply to register the sUAS platforms with the FAA prior to conducting operations. These registrations will be in accordance with the FAA’s guidance to COA holders from the FAA UAS Integration Office dated November 5, 2014, as the same may be updated from time to time.

The Applicant agrees to be bound by the following limitations and conditions when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 pounds including energy sources and equipment.

2. The sUAS will be flown at a speed less than a ground speed of 50 knots.

3. Flights will be operated at an altitude of no more than 400 feet AGL.

4. Flights will be operated within line of sight of the Pilot in Command (PIC) at all

times.

5. All operations will utilize a visual observer. The visual observer and PIC will be in

communications at all times.

6. The Applicant’s SOP and the relevant Manufacturer Instructions will be maintained and made available to the FAA upon request.

7. Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for safe flight.

8. The Applicant will follow the manufacturer’s sUAS aircraft and component maintenance, overhaul, replacement, inspection, and life limit requirements.

9. The PIC will possess at least a private pilot certificate and a third-class medical

certificate or driver’s license.

10. The sUAS will not be operated directly over any person below an altitude that is hazardous to persons or property on the surface in the event of an sUAS failure or

emergency. 11. The Applicant will utilize the documented emergency procedures appropriate to each sUAS platform in the event of system malfunctions. These procedures shall be those set forth in the Applicant’s SOP and the Manufacturer Instructions.

12. The Applicant will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. The COA will require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

13. If required, the word “Experimental” will be placed on the fuselage in compliance with § 45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by § 45.29(f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation toExemptions Nos. 10700, 8738, 10167 and 10167A. The FAA has also waived the marking requirement entirely in other Section 333 Exemption applications, such as Exemptions Nos. 11109 and 11110.

14. The Applicant will document and maintain a record of the sUAS maintenance in the UAS airframe logbook as set forth in the Applicant’s SOP.

15. Each sUAS operated under this exemption will comply with all manufacturer Safety

Bulletins.

16. At least 3 days before flight operations, we will submit a written Plan of Activities to the local FSDO with jurisdiction over the area to be flown. The Plan of Activities will

include the following:

a. Dates and times for all flights.

b. Name and phone number of the PIC for the sUAS flight conducted under the grant of this exemption.

c. Make, model, and serial or N-number of sUAS to be used.

d. Name and certificate number of sUAS PIC.

e. A statement that the operator has obtained permission from property owners and/or local officials to conduct the flight.

f. Signature of exemption holder or representative.

g. A description of the flight activity, including maps or diagrams of the area where the flight will be conducted.

17. The documents required under 14 C.F.R. sections 91.9 and 91.203 will be available to the PIC at the ground control station of the sUAS any time the aircraft is operating.

18. The sUAS will remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

19. sUAS operation will be conducted during daylight hours. 20. The sUAS will be operated by the PIC from a stationary position, i.e., not from any moving device or vehicle. 21. The sUAS 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. 22. The sUAS will not operate in Class B, C, or D airspace without written approval from the FAA. The sUAS will not operate within 5 nautical miles of the geographic center of a non-towered airport 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. 23. Any 1) incident, 2) accident, or 3) 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 will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site. Further flight operations will not be conducted until the incident, accident, or transgression is reviewed by AFS-80 and authorization to resume operations is provided.Regulations From Which the Applicant Requests Exemption

The Applicant requests exemption from the following regulations:

14 C.F.R. Part 21, Subpart H 14 C.F.R. § 45.23(b) 14 C.F.R. § 61.113(a), (b) 14 C.F.R. 14 C.F.R. § 91.7(a) (b) 14 C.F.R. § 91.9(b)(2) 14 C.F.R. § 91.103 14 C.F.R. § 91.119(b), (c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a)(1) 14 C.F.R. § 91.203(a), (b) 14 C.F.R. § 91.405(a), (b) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(1)-(2) 14 C.F.R. § 91.417(a), (b)

The sUAS platforms the Applicant seeks approval to use through this exemption request all weigh 55 pounds or less , including payload. They operate, under normal conditions at a speed of no more than 50 knots. The rotorcraft platforms have the capability to hover and move in the vertical and horizontal plane simultaneously. Each sUAS platform will operate only in visual line of sight and will operate only within the Operations Areas defined by the discrete COA applications filed prior to each flight. These operations will ensure that the sUAS will “not create a hazard to users of the national airspace system or the public,” as contemplated by Section 333(b) of FMRA.

Given the small size of the sUAS platforms involved and the limited environments within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also, due to the size of the sUAS platforms and the defined areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the FMRA, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit associated with sUAS operations, it is in the public interest to grant the requested exemption. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

Narrative Regarding Requested Exemptions

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. § 91.203(a)(1)

The FAA has previously determined that no airworthiness certification is necessary for sUAS platforms. See, e.g., Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from Part 21, Subpart H.

To the extent that the FAA finds that Part 21 is applicable to the Applicant’s proposed operations, the Applicant requests an exemption from it. Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by 14 C.F.R. § 91.203(a)(1). Given the size and limited operating area associated with the sUAS platforms to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS platforms to be operated under this exemption all weigh less than 55 pounds, fully loaded. The platforms carry no pilots or passengers, no explosive materials or flammable liquid fuels, and will operate exclusively within the Operations Areas defined in this application. Operations under this exemption will be tightly controlled and monitored by the operator. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS platforms due to their size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23(b). Marking of the Aircraft

The FAA has previously determined that an exemption from § 45.23(b) is not required for sUAS platforms that do not need to be certified under Part 21. See, e.g., Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from 14 C.F.R. § 45.23(b). To the extent that the FAA finds that § 45.23(b) is applicable to the Applicant’s intended operations, the Applicant requests an exemption therefrom as

follows.

The regulation requires:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 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.Even though the sUAS platforms will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS platforms, two-inch lettering may be impossible. The word “Experimental” will be placed on the fuselage in compliance with 14 C.F.R. § 45.29(f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by 14 C.F.R. § 45.29(f) where the pilot, visual observer and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s certificate rather than a commercial pilot’s certificate to operate this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The Operations Areas will be controlled and all flights will be planned and coordinated in advance. The level of safety provided by the requirements included in the Applicant’s SOP and the Manufacturer Instructions exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. § 61.113 (a) & (b). The FAA has approved sUAS operations with a private pilot’s certificate in other exemptions. See, e.g., Exemption No. 11110.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. An equivalent level of safety will be provided by the small size of the aircraft and the requirements contained in the SOP and Manufacturer Instructions for maintenance and use of safety check lists prior to each flight. The Applicant will ensure that the sUAS is in an airworthy condition prior to each flight based on compliance with the specifications in the SOP and Manufacturer Instructions.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides:No person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

The sUAS platforms, given their size and configuration, have no ability or place to carry a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. The FAA has previously determined that an exemption from this regulation is not necessary, as relevant materials may be kept in a location accessible to the PIC and not on the sUAS itself. See Exemption No. 11110.

1 4 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided through the PIC following the procedures set forth in the SOP and Manufacturer Instructions. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. The PIC will account for all relevant site-specific conditions in the preflight procedures. The FAA has granted exemption from this regulation to other sUAS operators. See Exemption No. 11109.

14 C.F.R. § 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for sUAS that are similar to helicopters, and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. The sUAS platforms will not be operated at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS platforms as well as the locations where they are operated. The low-altitude operations of the sUAS platforms will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section

91.119. 14 C.F.R. § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or anappropriate altimeter setting available before departure.” As the sUAS platforms may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the SOP and Manufacturer Instructions, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes.”

Given the limitations on the proposed Operations Areas, a longer time frame for VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 14 C.F.R. § 91.151 (a)).

Operating the sUAS platforms in controlled Operations Areas does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS platforms. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The FAA has previously determined that no airworthiness certification is necessary for sUAS platforms. See, e.g., Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from § 91.203. However, to the extent that the FAA finds that section 91.203 is applicable to the Applicant’s operations, the Applicant requests an exemption therefrom.

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.The sUAS platforms weigh no more than 55 pounds fully loaded, and are operated without a pilot onboard . As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Applicant. Maintenance will be accomplished by the operator pursuant to the SOP and the Manufacturer Instructions. An equivalent level of safety will be achieved because these sUAS are very limited in size, will carry a small payload, and will operate only in defined Operations Areas for limited periods of time. If mechanical issues arise the sUAS platforms can land immediately and will be operating from no higher than 400 feet AGL. As provided in the SOP and Manufacturer Instructions, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and will keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b); 14 C.F.R. § 91.7(a), (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.203(a), (b); 14 C.F.R. § 91.405(a), (b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §91.409(a)(1)-(2); and 14 C.F.R. § 91.417(a), (b), to operate a small unmanned aircraft system weighing less than fifty-five pounds.

Approval of exemptions allowing commercial operations of sUAS platforms for commercial purposes will enhance safety by providing services to customers without the danger and cost associated with manned aircraft. The operation of sUAS, weighing less than 55 pounds, conducted in accord with the conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment. As a result, sUAS are far safer than conventional operations conducted with manned aircraft.

Privacy Consideration s

All flights will be conducted in the Operations Areas defined in the Applicant’s discrete pre-flight COA applications. These areas will present no privacy issues of consequence.

Conclusion

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Worldwide Aviation Solutions LLC to safely, efficiently, and economically operate a DJI Phantom 2 Vision and DJI Phantom 3 Professional sUASs commercially within the NAS. The Applicant requests that the FAA grant the exemption requested herein.

Respectfully Submitted,

_____________________ James Krieger

President

Worldwide Aviation Solutions LLC