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wsbeng.com C:\Users\walms\Desktop\UAS\LTR_FAA_WSB Section 333 Petition_120815.docx

December 14, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, S.E.

West Building Ground Floor, Room W12-140

Washington, DC 20590

Re: Petition for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 

11.81 of the Federal Aviation Regulations

WSB Project No. 265-150

Dear Sir or Madam,

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

14 C.F.R. Part 11.81, WSB & Associates Inc., hereby applies for an exemption from the listed Federal 

Aviation Regulations (FARs) to allow commercial operation of its small, unmanned aircraft for aerial data 

collection. All operations shall be conducted within and under the conditions and limitations outlined 

previously by the FAA as required by Section 333 and conducted in compliance with the operator's 

manual.

Information Supporting this Petition as Specified in 14 C.F.R §11.81

1. Operator’s name and address:

Petitioner: 

WSB & Associates Inc.

William Alms, Lead Pilot

701 Xenia Ave. S

Suite 300 Minneapolis, MN 55416

Phone: (763) 231-4845

Email: walms@wsbeng.com

Website: www.wsbeng.com

2. Specific applicable regulations form which relief is required (CFRs):

WSB & Associates seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 

45, 61 and 91 for purposes of conducting the requested operations using small UAS, including:
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14 CFR PART SUMMARY OF REGULATION

Part 21 Airworthiness Certification

21, Subpart H Certification procedures for products and parts, Airworthiness Certificates

Part 45 IDENTIFICATION AND REGISTRATION MARKING

45.23(a) Display of marks; general

45.27(a) Location of marks; nonfixed-wing aircraft

Part 61 Certification: Pilots, Light Instructors, and Ground Instructors

61.23(a)&(c) Medical certificates: Requirement and duration

61.101(e)(4)&(5) Recreational pilot privileges and limitations.

61.113(a)&(b) Private pilot privileges and limitations: Pilot in command.

Part 91 General Operating and Flight Rules

91.7(a) Preflight action

91.9(b)(2)&(c) Civil aircraft flight manual, marking, and placard requirements

91.103(b)(2) Preflight action

91.105 Fright crewmembers at stations

91.109(a) Flight instruction

91.119(c) Minimum safe altitudes

91.121 Altimeter settings

91.151(a)(1) Fuel requirements for flight in VFR conditions

91.405(a) Maintenance required

91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration

91.409(a)(1)&(2) Inspections

91.417(a)&(b) Maintenance records

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and the 

operating procedures and safeguards that Petitioner has established which will ensure a level of 

safety better than or equal to the rules from which exemption is sought.

a. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined 

that exemption from these requirements was warranted provided that the aircraft 

“have identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart 

C if the markings are as large as practicable.” All UAS flown by WSB will bear N-number 

markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.

b. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

These regulations specify maintenance and inspection standards in reference to 14 

C.F.R. Part 43. An exemption from these regulations is needed because Part 43 and 

these sections only apply to aircraft with an airworthiness certificate, which the UAS to 

be operated under this grant of exemption will not have. 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the operating documents and any required 

manufacturer Safety or Service Bulletins. The PIC will conduct a pre-flight inspection of 
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the UAS and all associated equipment to account for all discrepancies and/or inoperable 

components. Maintenance will be performed and verified to address any conditions 

potentially affecting safe operation of the UAS and no flights will occur unless, and until, 

all flight critical components of the UAS have been found to be airworthy and in a 

condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. The PIC who conducts the functional test 

flight will make an entry in the UAS aircraft records of the flight. 

The Petitioner will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

Additionally, the Petitioner will document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of Petitioner’s UAS. As a whole, the 

maintenance and inspection procedures described herewith in ensure that an 

equivalent or higher level of safety will be achieved.

c. 61.113, 61.101(e)(4) and (5), 61.23(a)&(c): Private and Recreational Pilot Privileges and 

Limitations:

WSB seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second 

class medical certificate. The purpose of Part 61 is to ensure that the skill and 

competency of any PIC matches the airspace in which the PIC will be operating, as well 

as requiring certifications if the private pilot is carrying passengers or cargo for hire. In 

this case, while the UAS will be operated as part of a commercial operation, it carries 

neither passengers nor cargo.

WSB will operate away from persons and property that is not the subject matter of the 

flight. WSB will also require all PICs to be thoroughly trained in the unique aspects of 

UAS flight. Pilots will have experience not only in UAS operations generally, but have 

logged flight time in the specific make and model used for the operations before they 

are permitted to participate in commercial flights on behalf of WSB. WSB will establish 

pilot qualification, training, and currency requirements to ensure that WSB’s pilots are 

competent and proficient in the UAS they are operating. The Petitioner’s training and 

qualification requirements will provide a higher level of competency and proficiency for 

its pilots and will ensure at least an equivalent level of safety.

d. 91.7(a) and 21, Subpart H: Civil Aircraft Airworthiness:

Inasmuch as there will be no airworthiness certificate issued for the UAS, WSB seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy 

condition to be operated. While the petitioner’s UAS will not have an airworthiness 

certificate, the FAA has determined that for the purposes of this exemption the pilot 

may determine the aircraft is in an airworthy condition prior to flight. The PIC will 

determine whether the aircraft is in a condition safe for flight, and an exemption from § 

91.7(a) is therefore warranted.
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e. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying 

Civil Aircraft Certification and Registration:

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is 

simply no room and the UAS has no cabin or cockpit. An equivalent level of safety will be 

achieved by ensuring that the pilot has access to the documents at the ground control 

station from which he or she is piloting the UAS.

f. 91.103: Preflight Action:

While the PIC will be familiar with all information necessary to safely conduct the flight, 

an exemption is requested to the extent that an FAA-approved Flight Manual is 

required. The PIC will perform a series of checklists designed to identify any defects or 

inoperable components, which cover pre-flight, take-off, landing and post-flight 

procedures. The PIC will also be required to review weather, flight requirements, 

battery charge, landing and takeoff distance, UA performance data, and contingency 

landing areas—before initiation of flight. Petitioner’s operating documents will be kept 

at the ground control station and will be accessible to the PIC at all times while 

operating the UAS.

g. 91.109(a): Flight Instruction

UAS and remotely piloted aircraft, by their design, do not have functional dual controls. 

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of 

safe training can still be achieved without dual controls because no pilot or passengers 

are aboard the UAS, and all persons will be a safe distance away in the event that the 

UAS experiences any difficulties during flight instruction. Moreover, all flight training will 

be conducted in controlled and sterile environment. As a whole, the procedures 

provided for in the operating documents ensure that UAS flight instruction can be 

performed safely.

h. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

An exemption is required because the proposed UAS operations will normally need to 

occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, 

the PIC and/or Observers may need to be less than 500 feet away from the UAS. 

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable fuel with the UAS, any risk 

associated with these operations is far less than those that presently exist with 

conventional aircraft.

An equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS, as well the controlled location where the operations will occur. In order to avoid 

any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL. 

The UAS will be operated in a controlled environment, and all flights will occur at a 

lateral distance of at least 500 feet from nonparticipating persons, unless that person is 

in a position where he or she is shielded from the UAS and any possible debris resulting 

from UAS failure. Procedures will be in place to ensure flight operations can be safely 
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terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded 

position. Further, UAS operations will occur at least 500 feet away from vehicles or 

structures unless the property owner/controller has granted permission and the PIC has 

made a safety assessment of the risk of operating closer to those objects, and 

operations near the PIC or Observer will not present an undue hazard per § 91.119(a). 

Adherence to these restrictions will ensure the proposed operations can be conducted 

without compromising safety to persons or property on the ground.

i. 91.121: Altimeter Settings

The Petitioner will achieve an equivalent level of safety to the requirements of 14 C.F.R. 

§ 91.121 by operating the UAS: (1) 400 feet AGL or below, (2) within VLOS, (3) where 

GPS based altitude information is relayed in real time to the operator at a ground-based 

on-screen display and, (4) where prior to each flight, a zero altitude initiation point is 

established for the PIC to confirm accuracy of the onboard GPS.

The PIC will calibrate the aircraft’s GPS compass prior to each flight operation. The UAS 

that Petitioner intends to use for performing the proposed operations meet all these 

operational characteristics and therefore ensure that an equivalent level of safety will 

be achieved.

j. 91.151(a): Fuel Requirements for Flight in VFR Conditions

The technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

Before beginning a UAS flight the PIC will determine if there is enough available power 

(considering wind and forecast weather conditions) for the UAS to operate for the 

intended operational time and to operate after that for at least five minutes or with the 

reserve power recommended by the manufacturer if greater to ensure an equivalent 

level of safety to the fuel requirements of § 91.151(a).

3. Public benefit of granting this exemption:

a. Use of sUAS technology to obtain imagery, information, and data currently obtained by 

use of manned flight or manual methods:

1) Reduces statistical risk to human life due to manned aircraft accidents (e.g.,

infrastructure inspections) and due to other dangerous activities that can be 

avoided (e.g., scaffolding/rigging failures during stack or bridge inspections).

2) Reduces the cost of obtaining such information, which benefits consumers and 

the economy.

3) Reduces environmental impact by eliminating sources of hydrocarbon emissions 

from manned aircraft.
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4. Proposed Operations:

WSB & Associates Inc. wishes to operate small Unmanned Aircraft Systems (sUAS) for 

commercial purposes to include (but not be limited to) aerial videography and photography for 

project reporting and marketing, structural inspections, construction observation, and 

environmental and erosion control survey and mapping.

a. This relief is sought because commercial use of sUAS is currently prohibited by law 

unless performed under an exemption.

b. This exemption will cover use of the following airframes, all of which will weigh less than 

55 pounds including payload and energy sources:

1) DJI FlameWheel 550 http://www.dji.com/product/flame-wheel-arf?www=v1

2) Other models to be added by future amendment to this exemption.

c. All flight operations will be conducted by at least two individuals (PIC and Visual 

Observer) who will maintain verbal communication capability with each other at all 

times during the flight, and who will remain stationary on the ground during the flight 

operations:

d. All flight operations will comply with the following Conditions and Limitations:

1) Operations authorized by this grant of exemption are limited to the DJI 

FlameWheel 550 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a 

petition to amend this exemption.

2) Operations for the purpose of closed-set motion picture and television filming 

are permitted. 

3) The UA may not be operated at a speed exceeding 87 knots (100 miles per 

hour). The exemption holder may use either groundspeed or calibrated airspeed 

to determine compliance with the 87 knot speed restriction. In no case will the 

UA be operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer. 

4) The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude must be reported in feet AGL. 

5) The UA must 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, as specified on the PIC’s FAA-issued airman 

medical certificate or U.S. driver’s license. 

6) All operations must utilize a visual observer (VO). The UA must be operated 

within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may 

be used to satisfy the VLOS requirement as long as the PIC always maintains 
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VLOS capability. The VO and PIC must be able to communicate verbally at all 

times; electronic messaging or texting is not permitted during flight operations. 

The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the VO can 

perform the duties required of the VO. 

7) This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant 

of exemption, are hereinafter referred to as the operating documents. The 

operating documents must be accessible during UAS operations and made 

available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in this exemption and the procedures outlined in the 

operating documents, the conditions and limitations herein take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions 

and present updated and revised documents to the Administrator or any law 

enforcement official upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect 

the basis upon which the FAA granted this exemption, then the operator must 

petition for an amendment to its grant of exemption. The FAA’s UAS Integration 

Office (AFS−80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

8) Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g., replacement of a flight critical 

component, must undergo a functional test flight prior to conducting further 

operations under this exemption. Functional test flights may only be conducted 

by a PIC with a VO and must remain at least 500 feet from other people. The 

functional test flight must be conducted in such a manner so as to not pose an 

undue hazard to persons and property. 

9) The operator is responsible for maintaining and inspecting the UAS to ensure 

that it is in a condition for safe operation. 

10) Prior to each flight, the PIC must conduct a pre-flight inspection and determine 

the UAS is in a condition for safe flight. The pre-flight inspection must account 

for all potential discrepancies, e.g., inoperable components, items, or 

equipment. If the inspection reveals a condition that affects the safe operation 

of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for 

safe flight. 

11) The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 
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12) Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 

13) Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also 

hold a current FAA airman medical certificate or a valid U.S. driver’s license 

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, 

or the Federal government. The PIC must also meet the flight review 

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated 

on his or her pilot certificate. 

14) The operator may not permit any PIC to operate unless the PIC demonstrates 

the ability to safely operate the UAS in a manner consistent with how the UAS 

will be operated under this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours and currency must be 

logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes 

of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under this exemption are 

permitted under the terms of this exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 

91.119. 

15) UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. 

All operations must be conducted under visual meteorological conditions 

(VMC). Flights under special visual flight rules (SVFR) are not authorized. 

16) The UA may not operate within 5 nautical miles of an airport reference point 

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for 

airports not denoted with an ARP, the center of the airport symbol as denoted 

on the current FAA-published aeronautical chart, unless a letter of agreement 

with that airport’s management is obtained or otherwise permitted by a COA 

issued to the exemption holder. The letter of agreement with the airport 

management must be made available to the Administrator or any law 

enforcement official upon request. 

17) The UA may 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. 

18) If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property. 

19) The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies. 
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20) The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power for the UA to 

conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power recommended by the manufacturer if 

greater. 

21) Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22) All aircraft operated in accordance with this exemption must 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 must be as large as practicable. 

23) Documents used by the operator to ensure the safe operation and flight of the 

UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the 

aircraft is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

24) The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25) The UAS may not be operated by the PIC from any moving device or vehicle.

26) All Flight operations must be conducted at least 500 feet from all 

nonparticipating persons, vessels, vehicles, and structures unless: 

(a) Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an 

accident. The operator must 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 in a manner 

ensuring the safety of nonparticipating persons; and 

(b) The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects 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. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.
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27) All operations shall be conducted over private or controlled-access property 

with permission from the property owner/controller or authorized 

representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

28) Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must 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.

We thank you for your prompt consideration of our requested exemptions. Should you have any 

questions, or if you need additional information to support the requested exemptions, please do not 

hesitate to contact the undersigned.

Sincerely,

WSB & Associates, Inc.

William C. Alms

Lead Pilot / Project Engineer

cc:

Bret Weiss, President/CEO - WSB & Associates, Inc.

Brian Bourassa, Business Services Group Manager - WSB & Associates, Inc.

Michael Rief, Construction Services/Design-Build Group Manager - WSB & Associates, Inc.

Brad Robinson - Structural Engineering Specialist - WSB & Associates, Inc.