June 22, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Wiser Consultants, LLC’s Petition for Exemption to Operate

Small Unmanned Aircraft Systems

FAA Regulatory Docket

NAME AND ADDRESS OF PETITIONER

Wiser Consultants, LLC

Attn: Cyrus W. Wiser, Jr.

1427 Kensington Square Court

Murfreesboro, TN 37130

615.278.1500

cwwiser@wiserco.com
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I. PETITION SUMMARY

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(“Section 333”) and 14 C.F.R. Part 11, Wiser Consultants, LLC (“Wiser”) hereby 

petitions for exemptions from the following:

 14 C.F.R. Part 21

 14 C.F.R. Part 27

 14 C.F.R. 45.23

 14 C.F.R. 45.29

 14 C.F.R. 91.7

 14 C.F.R. 91.9(b)

 14 C.F.R. 91.109(a)

 14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151

 14 C.F.R. 91.203(a) & (b)

 14 C.F.R. 91.401 – 91.417

II. APPLICATIONS

Wiser has a long history of providing high quality survey and mapping services. Wiser 

seeks this exemption for the following UAS applications:

 Aerial Surveying

 Utility Inspection

 Structural Inspection

 Construction Inspection

 Public Entity Support Services

 Educational and Research Opportunities 

III. AIRCRAFT

Wiser intends to utilize the following aircraft in performance of the above-stated 

applications:

 Riegl RiCopter (previously approved in Exemption No. 11581)

 Sensefly EBEE (previously approved in Exemption Nos. 11170, 11797, et al.)

 Blade 350 QX3 (previously approved in Exemption No. 11703)
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All of the above-mentioned aircraft have maximum takeoff weights of less than 55 

pounds. Each of these aircraft may be flown manually or, in some cases, semiautonomously. For those aircraft with semi-autonomous flight capability, the Pilot in 

Command (PIC) can immediately switch to manual flight control. These aircraft are 

equipped with redundant safety mechanisms, so that, should communication with 

ground control be lost or other operational malfunction, the aircraft will abort the mission 

and land in a predetermined safe zone. Additionally, all of these aircraft operate on 

electrical power only and carry no flammable or combustible liquids on board. The 

maximum speed of these aircraft is approximately 50 knots which falls well below the 

FAA’s typical exemption requirement of 87 knots.

IV. PILOT IN COMMAND

Wiser has two pilots on staff with commercial, multi-engine certifications and current 

FAA-issued airman medical certificates. One of our pilots additionally has a rotary wing 

certification. Our pilots are required to complete the manufacturer’s training program for 

the aircraft they intend to fly prior to serving as the PIC. The PIC will maintain Visual 

Line of Sight (VLOS) at all times during a flight. The PIC will be assisted by a Visual 

Observer (VO) who will also maintain VLOS during the flight. The operational manuals 

provided by the aircraft manufacturer will be strictly followed.

V. OPERATIONAL ALTITUDE

One of Wiser’s primary UAV operations will be the capture of LiDAR data. This type of 

data is much more efficiently captured at higher altitudes. For this reason, we request 

to be permitted to operate at a maximum altitude of 500 feet above ground level 

(AGL). There appears to be a precedent for granting this request per Exemption 

Number 11111A which was granted to Woolpert, Inc. after petition was made to amend 

Condition 3 of their original exemption (11111) by increasing the maximum operational 

altitude from 400 feet AGL to 500 feet AGL. However, there is uncertainty as to 

whether the amendment was granted because, as stated in the FAA’s letter granting the 

amendment dated April 30th, 2015, Condition 3 continued to reflect a maximum altitude 

of 400 feet AGL. In any event, should Wiser’s petition be granted, we will abide by any 

conditions the FAA sets therein.

VI. REQUESTED EXEMPTION PROMOTES THE PUBLIC INTEREST

Considering the small size and weight of the proposed UAS aircraft combined with the 

fact that no crew or flammable fuel are on board, which creates a much improved safety 

profile over a manned aircraft, Wiser gives the FAA good cause to find that the UAS 
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operations authorized by granting this petition are in the public interest. Additionally, 

these operations bring to the public enhanced data capture capabilities and, in some 

cases, increased cost efficiency over traditional aerial data capture.

VII. REQUESTED EXEMPTIONS AND EQUIVALENT LEVEL OF SAFETY

14 C.F.R. 21

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the 

size, weight, speed and limited operating area of the proposed aircraft (see Part III 

above), an exemption to 14 C.F.R. Part 21 Subpart H is warranted and meets the 

requirements of an equivalent level of safety under 14 C.F.R. Part 11 and Section 333. 

The proposed UAS operated in the restricted environment and under the conditions and 

limitations proposed by Wiser, will be at least as safe, or safer, than a conventional 

aircraft with an airworthiness certificate issued under 14 C.F.R. Part 21, Subpart H, and 

not subject to the proposed limitations and conditions.

14 C.F.R. 45.23 & 45.29

These regulations require each aircraft to display the letter “N” along with the aircraft’s 

registration number in letters at least 3” high and the word “EXPERIMENTAL” in letters 

at least 2” high near the entrance to the cabin, cockpit or pilot station.

Due to the small size and lack of entrance on the proposed aircraft, Wiser will display 

the registration number, if applicable, on the aircraft as large and prominently as 

possible. Should no registration number be assigned, the company name, address and 

contact information will be displayed on the aircraft. Additionally, any registration 

information will be kept together with all user and operation manuals at the ground 

control station and will be immediately accessible to the PIC at all times during flight 

operations. Given that the aircraft will be operated within VLOS of the PIC at all times, 

the ground control station will be easily located by any observer seeking the point of 

origin of flight operations.

14 C.F.R. 91.7

This regulation provides that no person shall operate a civil aircraft unless it is in an 

airworthy condition.

It is our understanding that, due to the size and operational conditions proposed herein, 

an airworthiness certificate may not be required and therefore and exemption from this 

subpart would not be necessary. However, should an exemption be deemed 

necessary, it should be granted based on the inherent safety of these aircraft and the 
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proposed operational limits. Additionally, Wiser will follow all manufacturer maintenance 

schedules and perform pre-flight safety checks before every flight.

14 C.F.R. 91.9(b) & 91.203

It is Wiser’s understanding that an exemption from these subparts is no longer 

necessary in light of the FAA Memorandum “Interpretation regarding whether certain 

required documents may be kept at an unmanned aircraft’s control station,” dated 

August 8, 2014. However, should an exemption be deemed necessary, Wiser will keep 

all documents required under these subparts at the ground control station during flight 

operations.

14 C.F.R. 91.109(a)

This regulation provides that no person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls.

Wiser will perform all training and test flights in a controlled area containing no 

uninvolved personnel. This combined with the fact that the aircraft involved carry no 

crew or flammable fuel means that an equivalent level of training can be safely 

performed.

14 C.F.R. 91.119

This subsection limits the operation of aircraft over water or sparsely populated areas to 

no closer than 500 feet to any person, vessel, vehicle or structure.

Wiser will meet an equivalent level of safety required by this regulation by operating 

only over private or controlled access areas with the permission of the landowner or 

controlling authority. Furthermore, Wiser will operate over only those persons involved 

with the operation and will inform all involved persons of the proposed flight operations. 

Permission to fly over vessels, vehicles or structures will only be performed with 

authorization from the owner after the proposed operation and associated risks have 

been fully explained.

14 C.F.R. 91.121

This subsection requires that 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 

an appropriate altimeter setting available before departure.

The proposed aircraft utilize a combination of an onboard GPS and barometer which is 

reported to the PIC through radio telemetry. The altitude reading will be initialized and 

verified by the PIC on the ground before takeoff. This will provide a reliable method of 

tracking altitude. This along with the limited operational area and conditions, including 
VLOS requirements, provide an equivalent level of safety and this exemption should,

therefore, be granted.

14C.F.R.91.151

This regulation prescribes that no person may begin a flight in an airplane under VFR

conditions unless there is enough fuel to fly to the first point of intended landing andcontinue to fly for at least 30 minutes longer.The aircraft proposed all contain redundant safety systems that, in the event of asystem failure, the aircraft will fly to a predetermined safe zone to land. Wiser will

maintain a minimum reserve of 25% battery capacity. All flight times will be calculated

to this reserve requirement. The current battery power levels are constantly reported to

the PIC through radio telemetry. Should the PIC see that the battery is rapidly

discharging, the flight will be immediately aborted and the aircraft will be inspected.These procedures create an equivalent level of safety and this exemption should,therefore, be granted.

I^C.F.R. Subpart E 91.401-91.417

This subpart deals with maintenance, preventative maintenance and alterations of the

aircraft. As the proposed aircraft do not contain the types of systems typically

maintained by a certified aircraft mechanic, Wiser proposes that maintenance be

performed by the aircraft owner per the schedule and requirements provided by themanufacturer. This combined with the system's built in safety features and performanceof preflight checks creates an equivalent level of safety. Additionally, the proposedaircraft's small size, weight and limited operation area mean that danger to persons or

property are extremely limited. For these reasons, this exemption should be granted.

VIII. CONCLUSION

For the above reasons, these requested exemptions should be granted and Wiser

should be allowed to perform UAS operations per the manuals and any other conditions

or parameters the FAA deems necessary and appropriate.

Respectfully submitted,

\Y. X
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Appendix A

Aircraft Operation Manuals

These documents contain confidential material and will be submitted under separate cover.