Wallace Mountain Designs, LLC /dba REFlyBy 10960 N MacArthur Blvd Crescent, Oklahoma 73028 (855) 733-5929 Email: reflyby@wallacemountain.com

DATE: April 22, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590



### RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Wallace Mountain Designs, dba REFlyBy, is a technology and media provider and an operator of Small Unmanned Aircraft Systems (sUAS) equipped to conduct aerial photography and videography and sensor data acquisition. Wallace Mountain Designs, dba REFlyBy hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive s UAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled and 4) would provide public safety enhancements to the already safe manned flights for Closed Set Motion Picture and Television Content Creation, Real Estate and Land Survey, Agriculture and Agribusiness Survey, Public Service and Emergency Services Operations (Including Fire Ground and Search and Rescue Operations), Data Acquisition and Inspection Services.

The proposed exemption, if granted, would allow Wallace Mountain Designs, LLC dba REFlyBy to conduct commercial operations of small unmanned aircraft systems meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333.

The named applicant is: Wallace Mountain Designs, LLC dba REFlyBy Attn: Ryan Wallace 10960 N MacArthur Blvd, Crescent, Oklahoma 73028 Ph: (855) REFLYBY / 855-733-5929 reflyby@wallacemountain.com

WMD FAA Exemption Application 

### Page of 1 8 April 22, 2015Wallace Mountain Designs, LLC dba REFlyBy is a Technology / Media company that seeks to exploit the capabilities of sUAS ’s to offer services including:

• Real Estate and Land Photography, Videography and Surveying

• Environmental Impact Documentation

• Agriculture and Agribusiness Operations

• Closed Set Aerial Film and Television Content Creation

• Data Acquisition and Inspection Services

• Public Service and Law Enforcement Support Operations

• Emergency Service Operations (Including Fire Ground and Search and Rescue)

• Outdoor Events and Festivals

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Operates the following sUAS’s. Operation Manuals for each of the listed sUAS ’s are included as an addendum to this application. Each of the following aircraft complies with general conditions set forth in regards to weight, speed and the equipment required to conduct safe operations in the event of Communication and Command link failure modes, including auto-hover, auto-land, return-to-home, geo-fencing to preclude operation within 8 miles of an airport, maximum altitude, insufficient navigation signal, insufficient battery power, and others.

DJI Phantom 2 DJI Phantom 3 DJI Inspire 1 DJI S900 DJI S1000

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### Page of 2 8 April 22, 2015PETITIONER PROPOSES THE FOLLOWING STANDARD OPERATING PROCEDURES

1. All Flight Operations and Maintenance will be conducted within the Manufacturers Recommendations in the aircraft flight or maintenance manuals. 2. Minimum of 2 Crew members. PIC: FAA Licensed Pilot with a minimum of a Sport Pilots License, and VO: Dedicated Visual Observer responsible for maintaining VLOS of the sUAS at all times. Additional crew members may include Gimbal Operators, Ground Crew, and Additional VO’s. 3. Pilot and VO will maintain voice communication at all times. 4. Pilot will operate from a stationary position. 5. UAS weight will not exceed 55 lbs. 6. Flights operated within VLOS. 7. Maximum flight time of 30 minutes or 25% reserve battery capacity. 8. Flights operated at a maximum altitude of 400 feet AGL. 9. A safety briefing will be conducted prior to each day’s operations. 10. Flight operations will not be conducted within 500 feet of non-participating individuals. 11. All crew members will be trained in emergency procedures. 12. Training flights will be conducted at least 1000’ from non participants and property. 13. Test flights are required after maintenance or modification, and will be conducted at least 1000’ from non-participants and property. 14. Permission will be obtained from relevant property holders. 15. Permission or Permits will be obtained from regulatory agencies. (State, County, City, Law Enforcement, Fire or Other Government Agencies) 16. Only sUAS control systems with autonomous flight and landing capabilities will be used to mitigate the risk of fly away and communication command link failures. 17. PIC and VO will have individual authority to about a flight operation at any time, for any reason...no questions asked.

THE PETITIONER REQUESTS RELIEF FROM THE FOLLOWING REGULATIONS

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401 - 91.417)

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### Page of 3 8 April 22, 2015EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Wallace Mountain Designs, LLC dba REFlyBy requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAS System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for each of the Petitioners sUAS’s under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent

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### Page of 4 8 April 22, 2015placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7

Prohibits the Operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

. The regulation states that "No person may operate a civil aircraft that is being used for flightinstruction unless that aircraft has fully functioning dual controls." The sUAS System groundbased control station consists of a small hand-held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

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### Page of 5 8 April 22, 201591.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-vFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3f4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and

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### Page of 6 8 April 22, 2015registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

SAFETY AND BENEFITS OF THE UAS

Wallace Mountain Designs, LLC dba REFlyBy, will be using the sUAS in a variety of applications that generally require expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the use of full-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, emergency services operations, including firefighting reconnaissance and search and rescue operations . Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew , and for the Public At Large.

By granting Wallace Mountain Designs, LLC dba REFlyBy the requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Wallace Mountain Designs, LLC dba REFlyBy is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant this Petition.

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### Page of 7 8 April 22, 2015CONCLUSION

As pointed out in this application, all the UASs which our company would use, under authorization by the US DOT-FAA, are small, light-weight devices operated within the line of sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.

All of our SUAs have proven capability for controlled flight. They are devices offered for general sale on the market around the world and have often been sold as Model Aircraft in the USA. We are certain that the studies conducted by the FAA, in reference to Section 332, Public Law 112-95, 2014, have already provided adequate assurances as to the airworthiness of the SUAs we seek exemption for.

For the foregoing reasons, the exemptions requested herein should be granted and Wallace Mountain Designs, LLC dba REFlyBy should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some UASs may be used for legitimate commercial activities and under reasonably safe conditions.

Respectfully Submitted,

Ryan Wallace Managing Partner Wallace Mountain Designs, LLC /dba REFlyBy

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