September 1, 2015 

U.S. Department of Transportation 

Docket Management Facility 

1200 New Jersey Ave. 

SE West Building Ground Floor Room W12-140 

Washington, DC 20590 

Dear Sir or Madam: 

Walsh Timber Co. 

500 Costa Rd. 

I, ' Zwolle, LA 71486 

Phone: 318-645-6122 

E-Mail: sct@walshtimbercompany.com 

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

Act) and 14 C.F.R. Part 11, Walsh Timber Co., LLC operator of Small Unmanned 

Aircraft Systems ("SUASs") equipped to conduct aerial site surveys, photography, and 

videography, hereby applies for an exemption from the listed Federal Aviation 

Regulations ("FARs") to allow commercial operation of its SUASs, 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 SUAS under controlled conditions in 

airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, 

if granted, would allow Walsh Timber Co., LLC to conduct commercial operations of 

small unmanned aircraft systems ("UAS") meeting or exceeding all of the operational 

and safety requirements Congress has set forth in Section 333. 

Walsh Timber Co., LLC is a Timber Company that plans to exploit the capabilities of 

Unmanned Aerial Systems to offer a multitude of services, including: 

- Aerial surveying 

-Remote sensing 

- Videography 

- Agriculture purposes 

- Real Estate Photography 

- Timber harvesting site inspections and monitoring 

- Wildlife and forestry monitoring 

- Educational and research operations 

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 Requests Relief from the Following: 

Regulations from which the exemption is requested: 

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) 

Unmanned Aircraft System 

SUASs are oftentimes seen as superior to helicopters due to the smaller devices, 

cheaper equipment and personnel cost, reduced noise and as such, a much smaller 

environmental impact which promotes public safety. 

We are petitioning for exemption to enable Walsh Timber Co., LLC to operate a OJI 

Phantom 3 equipped with three-axis stabilization gimbals and using High-Definition 

cameras. This SUAS has a built-in capability to limit the height it flies above the ground, 

to limit the radius of the distance it flies from the operator and to exclude it from Class B, 

C and D airspace including a no fly zone feature. The Phantom 3 also has a 

failsafe function, which means when the communication between the Main Controller 

and the transmitter is disconnected, the outputs of all command sticks from controller 

will go to the center position. If the GPS signal is good enough, the system will 

automatically trigger Return to Home and will land safely. 

The above specifications meet with the Model Aircraft Operating Standards as set 

below: 

• Walsh Timber Co., LLC will only operate its SUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from populated areas 

within the sterile area described in the FOPM. Such operations will insure that the 

SUAS will "not create a hazard to users of the national airspace system or the public." 
,_ -:.-

, 

• When flying SUAS within 5 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-scale aircraft. 

• Maximum flight time for each operational flight will be approximately 25 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 

25 minute limit 

• The SUAS will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned. 

• Minimum crew for each operation will consist of the SUAS Pilot, and Visual Observer. 

• The SUAS operated by the petitioner weighs less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbal). 

• The SUAS will operate at speeds of no more than 30 knots, can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size of the SUAS and the restricted sterile environment within which 

they will operate, our SUAS operations adhere to the Reform Act's safety requirements. 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on 

board and will thereby reduce current risk levels and thereby enhance safety and 

diminish the likelihood of death or serious bodily injury. With a small payload and 

maximum flight time of only 25 minutes, this offers little or no risk to national security. 

Low level oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex properties 

with large trees. The benefits of reduced cost and improved quality of presentation from 

the UA will be valuable to and benefit many buyers and sellers of real property. 

Additionally, we request that we be allowed to use our system to benefit first responders 

nearby who might require assistance, including fire fighters, the police, the sheriff, et al., 

while remaining subject to all limitations cited in this application as we do so. 

a) No flight will be made with a Gross weight exceeding 55 pounds; 

b) All operations must occur in FAA Class G airspace at no more than 400ft. AGL, 

at an airspeed of no more than 30 knots and no further than 3/4 NM from the 

PIC; 

c) All operations must utilize a visual observer (VO). The VO and PIC must be able 

to communicate by voice at all times during a flight operation; 
d) Operations will be restricted to flights over private property with the permission of 

the property owner; 

e) All required permits will be obtained from state and local government prior to 

operation; 

f) Walsh Timber Co., LLC will not operate over densely populated areas; 

g) Walsh Timber Co., LLC will not be operating over any open-air assembly of 

people; 

h) Walsh Timber Co., LLC will not be operating over heavily trafficked roads; 

i) Walsh Timber Co., LLC will not be operating within 5 NM of an airport or heliport; 

We respectfully request exemption under Section 333 to enable Walsh Timber Co., LLC 

to operate efficient, limited, low-risk commercial SAUS operations for the activities 

stated respecting at all times the space and privacy of citizens and property while 

keeping our skies safe. 

Sincerely, 

~,¥ Walsh Timber Co., LLC 

sct@walshtimbercompany.com 

318-471-1214 
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Walsh Timber Co., LLC 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 the DJI Phantom 3 

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 lightweight, 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" on the fuselage where the PIC (Pilot In Control), VO (Visual 

Observer) and others in the vicinity of the aircraft will be able to see the designation. 
14 CFR 61.113 Private pilot privileges and limitations: 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. We, Walsh Timber Co., LLC, can achieve an equivalent level of safety as 

achieved by current Regulations because our UAS does not carry any pilots or 

passengers. Further, while helpful, a pilot license will not ensure remote control piloting 

skills. The risks attended to the operation of our UAS are far less than the risk levels 

inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing 

us, Walsh Timber Co., LLC, to operate our UAS meeting and exceeding current safety 

levels in relation to 14 C.F.R. §61.113 (a) & (b). 

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 not applicable. 

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, "No person may operate a civil aircraft that is being used 

for flight instruction unless that aircraft has fully functioning dual controls." The SUAS 

System ground-based control station consists of a small hand-held radio transmitter 

which communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. See Exemption Nos. 5778K and 9862A. 

The equivalent level of safety should be provided by the fact that neither a pilot nor 

passengers will be carried on the aircraft and by the size and speed of the aircraft. 

91.119 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 timberlands, it should not 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-flight planning 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 launch and recovery 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 SUAV is battery operated and the 

maximum duration of flight from a single battery charge is 25 minutes with a 20% 

reserve. Since the aircraft will not fly more than 3/4 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 4.0 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 of 91.203, we propose that documents deemed appropriate for this 

aircraft by the FAA will be located with the crew at the ground control station and 

available for inspection upon request. 

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 

Walsh Timber Co., LLC will be using the SUAS rna 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 timber 

property inspection, oil/gas pipeline inspection, film and still photography, just to name a 

few. 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. By granting Walsh Timber Co., LLC 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. Walsh Timber Co., 

LLC 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. 

Conclusion 

As pointed out in this application, all the SUASs which our company would use, under 

authorization by the US DOT-FAA, are small, lightweight 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 our SUASs have proven capability for controlled flight. They are devices offered for 

general sale on the market around the world and have often been used as Model 

Aircraft in the USA. We are certain that the studies conducted until now by the FAA, 

about Section 332, Public Law 112-95, 2014, have already provided you with the 

assurances on the airworthiness of SUAs such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and 

Walsh Timber Co., LLC 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 SUASs may be used for legitimate commercial activities and under reasonably 

safe conditions. 

We hope that you will process this request in a most timely fashion and contact me 

regarding any questions. 

Respectfully, 

Steve Taylor 

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