September 1, 2015

U.S. DepartmentofTransportation Docket Management Facility 1200 NewJerseyAve. SE West Building Ground Floor Room W12-140 Washington, DC 20590

DearSiror Madam: Walsh Timber Co. 500 Costa Rd.

I, ' Zwolle, LA 71486 Phone: 318-645-6122 E-Mail: sct@walshtimbercompany.com

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Walsh Timber Co., LLC operatorof 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 underthe conditions outlined herein oras may be established bythe FAA as required by Section 333.1.

As described morefully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive SUAS undercontrolled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, ifgranted, would allowWalsh Timber Co., LLC to conduct commercial operations of small unmanned aircraft systems ("UAS") meeting orexceeding all ofthe operational and safety requirements Congress has setforth in Section 333.

Walsh TimberCo., LLC is a Timber Companythat plans to exploit the capabilities of Unmanned Aerial Systems to offera multitude ofservices, 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 forseeking expedited FAA authorization ofsafe civil UAS operations in the NAS. Section 333(a) states that the FAA "shall determine if certain unmanned aircraft systems mayoperate safely in the national airspace system)

before completion ofthe (comprehensive) plan and rulemaking required by section 332(b){1) ofthisAct orthe guidance required by section 334 ofthis Act." In Section 332(b)(1), Congress made it clearthat Section 333 provides a mechanism for "expedited operation authorization" if several factors are met. Petitioner meets all requirements to permit FAA approval ofcommercial UAS operations.

The Petitioner Requests Relieffrom 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 superiorto helicopters dueto the smallerdevices, cheaperequipment 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 capabilityto limit the height itflies above the ground, to limitthe radius ofthe distance itflies from the operatorand 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 thetransmitter is disconnected, the outputs ofall command sticks from controller will goto the center position. Ifthe GPS signal is good enough, the system will automaticallytrigger Return to Home and will land safely.

The above specifications meetwith the Model Aircraft Operating Standards as set below:

•Walsh Timber Co., LLC will only operate its SUAS in line ofsight ofa pilot and/or observer and will operate at sites that are a 'sufficientdistance' from populated areas within the sterile area described in the FOPM. Such operations will insurethatthe SUAS will "not create a hazard to users ofthe national airspace system orthe public.",_ -:.- 

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•When flying SUAS within 5 miles ofan airport, airport operatorswill be notified and the operatorwill give the right ofwayto avoid flying in the proximity offull-scale aircraft.

• Maximum flight time foreach operational flight will be approximately 25 minutes.

• Flightswill be terminated at 25% battery power reserve should that occur priortothe 25 minute limit

•The SUAS will be programmed sothat itwill not be operated at an altitude ofno more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crewforeach operation will consist ofthe SUAS Pilot, and Visual Observer.

• The SUAS operated bythe petitionerweighs 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 ofthe SUAS and the restricted sterile environmentwithin which theywill operate, our SUAS operations adhere to the Reform Act's safety requirements.

The UA, powered by batteries, is smaller, lighterand more maneuverable than larger aircraft running on combustiblefuel, it operates at loweraltitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood ofdeath orserious bodily injury. With a small payload and maximum flight time ofonly25 minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles arefar more effective than ground based imageryfordisplaying the characteristics of large, complex properties with large trees. The benefits of reduced cost and improved quality of presentation from the UAwill 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 nearbywho might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so.
a) No flight will be madewith 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 furtherthan 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 priorto operation; f) Walsh Timber Co., LLC will not operate overdensely populated areas; g) Walsh Timber Co., LLC will not be operating overany open-air assembly of people; h) Walsh Timber Co., LLC will not be operating over heavilytrafficked roads; 

### i) Walsh Timber Co., LLC will not be operating within 5 NM ofan 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 forthe activities stated respecting at all times the space and privacy ofcitizens and propertywhile keeping ourskies safe.

Sincerely,

# ~,¥ Walsh Timber Co., LLC sct@walshtimbercompany.com 318-471-1214EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Walsh Timber

### Co., LLC requests an exemption from the following regulations aswell as any additional regulations that maytechnically applyto the operation ofthe SUAS System:

14CFR Part21, Airworthiness Certificates

This part establishes the procedures forthe issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued forthe DJI Phantom 3 under eitheror both ofthe following provisions:

21.191 Experimental certificates. Experimental certificates are issued forthe following purposes:
a) Research and development. Testing newaircraft design concepts, newaircraft equipment, new aircraft installations, newaircraft operating techniques, or new usesforaircraft. b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to showcompliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used forcommercial purposes such as market surveys, sales demonstrations, and customercrewtraining, we would expectthat
an experimental certificate would permit ourcommercial purpose as well. The aircraftwill not carry persons or property, will not carryfuel, and will onlyfly under strict operational requirements. Combined with the UA's lightweight, being constructed primarily ofcarbon fiber and plastic, we propose thatthe UAwill be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is notappropriate forthis application, then we request an exemption of 14CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph. ·

14 CFR45.23 Displayofmarks; 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 displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe 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 numberassigned to it bythe FAA. We propose to achieve an equivalent level ofsafety by including theword "EXPERIMENTAL" on thefuselage where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity ofthe aircraftwill be able to seethe designation.14CFR 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 ofsafety 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 ofour UAS are farlessthan 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).

14CFR 91.7 Prohibits the Operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is not applicable.

14CFR 91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no person mayoperate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure thatflight manual information is availableto the aircrewwhile operating the aircraft. We request an exemption to this requirement since the aircraft is notonlytoo small to carry documentation, the documentation would not be available to the crewduring flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, 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.

14CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests. The regulation states, "No person mayoperate a civil aircraft that is being used forflight instruction unlessthat aircraft hasfully functioning dual controls." The SUAS System ground-based control station consists ofa small hand-held radio transmitter which communicateswith the aircraft via radio communications. The FAA has approved exemptionsforflight training withoutfully functional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent level ofsafety should be provided by thefact that neithera pilot nor passengers will be carried on the aircraft and by the size and speed ofthe aircraft.

91.119 Minimum safe altitudes: General. The regulation states that oversparsely populated areasthe aircraft cannot be operated closerthan 500 feet to any person, vessel, vehicle, orstructure. Since thetypical mission ofthe SUAS would be photographyor survey oftimberlands, itshould not be necessaryto operate closerthan 500 feetto the items listed. Operationswill only be flown overpropertyor persons where permission has been obtained and careful pre-flight planning has been performed. The aircraftwill be operated ata lowaltitude allowing, ifa power unitfails,
an emergency landing without undue hazard to persons or property onthe surface. Therefore we maintain that dueto the small size ofthe 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 altimetersetting available within 100 NM ofthe aircraft. The SUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto 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 computerto the display screen held bythe PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin a flight in an airplane underday-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly afterthat forat least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The SUAV is battery operated and the maximum duration offlight from a single battery charge is 25 minutes with a 20%
reserve. Since the aircraft will notfly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for
an equivalent interpretation with the word "energy".

14CFR91.203(a) 

### &(b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed at the cabin orcockpit entrance
so that it is legible to passengers or crew." At a maximum gross weight of4.0 pounds, the SUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers orcrew. To obtain an equivalent level of safety and meetthe intent of91.203, we propose that documents deemed appropriate forthis aircraft bythe 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 under43.7 after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." The PIC will ensure that the aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed bythe manufacturerortheir designated repairfacility. The PIC will documentwork performed in accordance with 91.417. Wefeel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level of safety.,,·

Safety and Benefits ofthe UAS Walsh Timber Co., LLC will be using the SUAS rna variety ofapplications that generally require expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits overthe use offull-sized manned aircraft for timber property inspection, oil/gas pipeline inspection, film and still photography, justto name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers orcrew creates a much greater margin ofsafety forthe pilots and crew. By granting Walsh Timber Co., LLC requested exemptions, the FAA will help drive development ofsafe 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 grantthis Petition.

Conclusion As pointed out in this application, all the SUASs which our companywould use, under authorization by the US DOT-FAA, are small, lightweight devices operated within the line ofsight ofthe Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, orother location with aviation activities, unless the airtraffic control authorities (ATC) have been notified and have authorized each flight within a radius ofthis distance.

All our SUASs have proven capabilityfor 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 bythe FAA, about Section 332, Public Law 112-95, 2014, have already provided you with the
assurances on the airworthiness ofSUAs such as ours.

Forthe 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 ofthis 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 mosttimelyfashion and contact me regarding any questions.
Respectfully, Steve Taylor

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