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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 conducte d 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 smal l UAS, including:U.S. Department of Transportation

December 14 , 2015 Page 2

C: \ Users \ walms \ Desktop \ UAS \ LTR_FAA_WSB Section 333 Petition_120815.docx 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 procedure s 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 exe mption 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 la rge as practicable.” All UAS flown by WSB will bear N

- number markings that are as large as practicable in accordance wit h 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 Bulleti ns. T he PIC will conduct a pre

- flight inspection ofU.S. Department of Transportation

December 14 , 2015 Page 3

C: \ Users \ walms \ Desktop \ UAS \ LTR_FAA_WSB Section 333 Petition_120815.docx 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 operatio n 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

- cr itical components. T he 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 Peti tioner’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

Limit ations:

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 skil l 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 ope ration, it carries neither passengers nor cargo.

WSB will operate away from persons and property that is not the s ubject matter of the flight. WSB will also require all PICs to be thoroughly trained in the unique aspects of UAS flight. P ilots 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 com mercial flights on behalf of WSB

. WSB will establish pilot qualification, trai ning, 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 wi ll 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 c ivil 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 conditi on 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.U.S. Department of Transportation

December 14 , 2015 Page 4

C: \ Users \ walms \ Desktop \ UAS \ LTR_FAA_WSB Section 333 Petition_120815.docx e. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying

Civil Airc raft 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, t ake

- 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 op erating 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 even t 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 instruct ion 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 op erations, 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

as sociated 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 o ccur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL.

T he UAS will be operated in a controlled environment, and all flights will occur at a lateral distance of at least 500 feet from nonparticipati ng 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 safelyU.S. Department of Transportation

December 14 , 2015 Page 5

C: \ Users \ walms \ Desktop \ UAS \ LTR_FAA_WSB Section 333 Petition_120815.docx terminated if a nonparticipating person withi n 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 oper ating 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 r elayed 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 confir m accuracy of the onboard GPS.

T he PIC will calibrate the aircraft’s GPS com pass 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 Require ments 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 f or 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 ima gery, 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 ai rcraft.U.S. Department of Transportation

December 14 , 2015 Page 6

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

O bserver) who will maintain verbal communication capability with each other at all times during the flight, and who will r emain 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 ope rated 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 ma ximum 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 maintainsU.S. Department of Transportation

December 14 , 2015 Page 7

C: \ Users \ walms \ Desktop \ UAS \ LTR_FAA_WSB Section 333 Petition_120815.docx VLOS capability. The VO and PIC must be able to co mmunicate 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 o perating 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

o perating 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 ame ndment 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 Integratio n 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 ins pection 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 U AS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft

components.U.S. Department of Transportation

December 14 , 2015 Page 8

C: \ Users \ walms \ Desktop \ UAS \ LTR_FAA_WSB Section 333 Petition_120815.docx 12) Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13) Under this grant of exemp tion, 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, v essels, 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 experience

building) 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 trai ning 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 ma y 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 aeron autical 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 la w 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 si gnal, 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.U.S. Department of Transportation

December 14 , 2015 Page 9

C: \ Users \ walms \ Desktop \ UAS \ LTR_FAA_WSB Section 333 Petition_120815.docx 20) The PIC is prohibited from beginning a flight unless (considerin g 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 Org anization (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, Subp art 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 doc uments 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 fro m 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

no nparticipating 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 gran ted 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 ar e not considered nonparticipating persons under this exemption.U.S. Department of Transportation

December 14 , 2015 Page 10

C: \ Users \ walms \ Desktop \ UAS \ LTR_FAA_WSB Section 333 Petition_120815.docx 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/c ontroller 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 rep orted 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 y ou 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 & Assoc iates, Inc.

Brad Robinson

- Structural Engineering Specialist

- WSB & Associates, Inc.