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.comPage | 2

I. PETITION SUMMARY

Pursuant to Section 333 of the FAA Modern ization 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. AIR CRAFT

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 appr oved in Exemption Nos. 11170, 11797, et al.)

 Blade 350 QX3 (previously approved in Exemption No. 11703)Page | 3

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 case s, semi

autonomously. 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, s hould 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 stric tly followed.

V. OPERATION AL 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 alt itude of 500 feet above ground level
(AGL). There appears to be a precedent for granting thi s 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 incre asing the maximum operational

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

whether the amendm ent was granted because, as stated in the FAA’s letter granting the
amendment dated April 30 th , 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 UA S 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 UASPage | 4

operations authorized by granting this petition are in t he 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. 2 1

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 § 91.20 3(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 S ection 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 2 1, 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 a nd 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 manua ls 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 ob server 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 conditio ns 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 aircraf t and thePage | 5

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 s ubparts 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, Wise r 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 equ ivalent 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 operatio n 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 exp lained.

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, includingVLOS requirements, provide an equivalent level of safety and this exemption should,therefore, be granted.14C.F.R.91.151This regulation prescribes that no person may begin a flight in an airplane under VFRconditions 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 willmaintain a minimum reserve of 25% battery capacity. All flight times will be calculatedto this reserve requirement. The current battery power levels are constantly reported tothe PIC through radio telemetry. Should the PIC see that the battery is rapidlydischarging, 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 91.401-91.417This subpart deals with maintenance, preventative maintenance and alterations of theaircraft. As the proposed aircraft do not contain the types of systems typicallymaintained by a certified aircraft mechanic, Wiser proposes that maintenance beperformed 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 orproperty are extremely limited. For these reasons, this exemption should be granted.VIII. CONCLUSIONFor the above reasons, these requested exemptions should be granted and Wisershould be allowed to perform UAS operations per the manuals and any other conditionsor parameters the FAA deems necessary and appropriate.Respectfully submitted,\Y. XCyrus W. Wiser, Jr.PresidentWiser Consultants, LLCPage | 6Page | 7 Appendix A

Aircraft Operation Manuals

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