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August 11, 2015

REQUEST FOR SUMMARY GRANT

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for Summary Grant of Exemption for Water Management Consultants & Testing, Inc., 

Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 

C.F.R. §§ 61.113(a) and (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); 

91.417(a) and (b).

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, Water Management Consultants & Testing, Inc., (WMC&T) operator of Small Unmanned 

Aircraft Systems (“sUASs”) equipped to conduct commercial aerial data collection1(hereinafter “the 

Purpose”), 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 in an exemption granted under either 

Section 333 or Section 49 U.S.C. § 44701(f). 

 

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Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples 

include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, 

etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments 

aboard the UA.

1022 Highland Colony Parkway

Suite 101

Ridgeland, MS 39157

P: 601.898.8400

F: 601.898.8420

www.trglawyers.com

kris@trglawyers.com
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Specifically, WMC&T seeks to employ sUASs to conduct:

 Catastrophe and natural disaster damage assessment , fire and explosion investigations, roofing 

investigations, building envelope investigations, building construction documentation and risk 

surveys, including Property Condition Assessments (PCA), Environmental Site Assessments (ESA), 

and Probable Maximum Loss (PML) Assessments of buildings, exploration activities, process 

plants, pipelines, marine facilities and drilling operations.

These uses are similar in all material respect to uses found in previously granted exemptions 12353, 

12178, 12154, 11857, 11494, 11188, 11293, 11953 and 12269. 

Further, WMC&T seeks to use the following sUAS platforms, all of which have been granted exemption

previously: DJI Phantom 2 (11494, 11953), Phantom 2 Vision (11327), Inspire 1 (12178, 12269) and 

Phantom 3 (12154, 11953).

Accordingly, a summary grant of exemption is appropriate in the instant case. 

___________________________________

The name and address of the proposed Operator is:

Water Management Consultants & Testing, Inc.

c/o Mr. James Parsons

295 Azalea Drive, Suite 2

Destin, FL 32541

O: 850.837.1336 

F: 850.269.1108

Company Specifics

Water Management Consultants & Testing, Inc. (WMC&T) is an independent third party consulting, 

inspection and testing firm that specializes in the waterproofing of exterior building envelopes. 

WMC&T’s professional and knowledgeable team provides our clients with over 100 years of combined 

waterproofing knowledge and expertise from within the senior management of the company. We work 

as a team with Architects, Developers and General Contractors from conceptual design through 

completion of each new construction project in order to create a building envelope to prevent current 

or future water intrusion and the resulting litigation issues. Our firm offers a wide array of services that 

include Document Support Services, AAMA & ASTM Testing, Moisture Analysis of Wall Systems, Job Site 

Inspections for Document and Construction Compliance, Thermal Imaging Photography, Air Quality 

Assessments, Roof Consulting, Storm Damage Assessments, Expert Witnessing/Litigation Support and 

Reconstruction Management.
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Proposed sUAS platforms

WMC&T will use the DJI Phantom 2, Phantom 2 Vision, Inspire 1 and Phantom 3. It will operate these 

aircraft only within the areas and under the conditions as described in the Aircraft Flight Manuals 

(“AFM”) (hereinafter “the Manuals”). Operations in compliance with these Manuals will insure that the 

sUAS will “not create a hazard to users of the national airspace system or the public” and that the 

aircraft will operate in compliance with the conditions set forth in this Petition.

In support of this Petition, WMC&T is submitting the following Manuals:

 DJI Inspire 1 User Manual v1.4 (Exhibit 1)

 DJI Inspire 1 Maintenance Manual v1.0 (Exhibit 2)

 DJI Inspire 1 Safety Guidelines v1.0 (Exhibit 3)

 DJI Phantom 3 User Manual v1.2 (Exhibit 4)

 DJI Phantom 3 Safety Guidelines (Exhibit 5)

 DJI Phantom 2 User Manual v1.4 (Exhibit 6)

 DJI Phantom 2 Vision User Manual v1.8 (Exhibit 7)

Aircraft and Equivalent Level of Safety

Given the small size of the sUASs involved and the restricted environment within which they will 

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA allow, by exemption, commercial operations of UASs to commence. 

Also due to the size of the UASs, the restricted areas in which the relevant sUASs will operate and the 

fact that aircraft will be flown by pilots holding at least a sport pilot’s license, approval of the application 

presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the 

authority contained in the Federal Aviation Act, as amended, the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts and operations with pilots having at least a sport pilot’s license, the 

grant of the requested exemptions is in the public interest. The applicant proposes that the exemption 

requested herein apply to civil aircraft that have the characteristics and that operate with the limitations 

listed herein. These limitations provide for at least an equivalent or higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety 

enhancement to the current operations conducted with conventional aircraft. Accordingly, the 

applicant respectfully requests that the FAA summarily grant the requested Petition for Exemption.

Consent to Limitations on Exemption 

These limitations and conditions to which WMC&T agrees to be bound when conducting commercial 

operations under an FAA issued exemption include the following:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2, Phantom 2 

Vision, Inspire 1 and Phantom 3 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. 
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2. Operations for the purpose of closed-set motion picture and television filming ARE NOT 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 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. 

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. 
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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. 

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 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 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. 
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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. 

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. 

This exemption WILL NOT permit operations for the purpose of closed-set motion picture and television 

filming and production.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations 

must comply with all applicable parts of 14 C.F.R. including, but not limited to, parts 45, 47, 61, and 91.

Risk Reduction and Equivalent Level of Safety

Approval of exemptions allowing commercial operations of sUASs for building inspection, natural 

disaster and catastrophic damage assessment and risk surveys will enhance safety by reducing risk. 

Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet 

from the subject being filmed and in extreme proximity to people and structures, and present the risks 

associated with vehicles that weigh in the neighborhood of 6,000 lbs., carrying large amounts of jet A or 

other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the project location. In 

contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk 

given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the target 

area and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to 

the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are 

under the control of the customer for the inspections and, as a result, are far safer than conventional 

operations conducted with turbine helicopters or fixed wing aircraft operating in close proximity to the 

ground and people or the use of people to climb the structures to conduct the inspection.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Inspections will be of inanimate objects in areas where the owners and/or operator will 

have consented to observation/ filming or otherwise have agreed to be in the area where inspection will 

take place.
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Exemptions

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations; 61.1.1(e)(4) and (5): Recreational 

pilot privileges and limitations; 62.23(a) and (c): Medical certificates: Requirement and duration; 

61.315: Sport Pilot

Sections 61.113(a) and (b) and 61.1.1(e)(4) and (5) limit private and recreational pilots to noncommercial operations. Because the UAS will not carry a pilot or passengers, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a recreational pilot’s license (or higher) rather than a commercial pilot’s 

license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, 

the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance as set forth in the Manual(s). The level 

of safety provided by the requirements included in the Manual(s) exceeds that provided by a 

single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks 

associated with the operation of the sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as 

requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. § 

61.113(a) and (b). Under any exemption granted, the PIC will 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 will 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. The FAA 

has granted exemptions for private pilots to conduct similar operations in Exemptions 11062, 11063, 

11064, 11065, 11066, 11067, 11080 and 12269.

14 C.F.R. § 91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a sUAS that could be defined as a helicopter, and the exemption requests authority to operate at 

altitudes up to 400 AGL, an exemption may be needed to allow such operations. The UAS will never 

operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner, 

facility owner and local officials. Because of the advance notice to the property owner and participants 

all affected individuals will be aware of the planned flight operations as set forth in the Manual. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL in the aerial 

photography industry. In addition, the low- altitude operations of the sUAS will ensure separation 

between these small-UAS operations and the operations of conventional aircraft that must comply with 
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Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 

11063, 11064, 11065, 11066, 11067, 11080 and 12269.

14 C.F.R. § 91.121: Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS in at least one operating mode will not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of 

safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062, 11063, 11064, 11065, 11066, 11067, 

11080 and 12269.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 20 minutes flight time. Meeting the 30 minute 

reserve requirement in 14 C.F.R. § 91.151 would not be possible.

Petitioner believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope of prior 

exemptions. See Exemption 12269 (allowing Galloway Advisors, LLC to operate without compliance with 

FAR 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS. Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 25% of battery power. This restriction would be more than adequate to 

return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 

10808 and Exemptions 11062, 11063, 11064, 11065, 11066, 11067, 11080 and 12269.

14 C.F.R. §§ 91.405(a); 407(a)(1); 409(a)(1) and (2); 417(a) and (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to 
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the flight manual and operating handbook as referenced in the attached manuals and per the 

manufacturer’s recommendations. An equivalent level of safety will be achieved because these small 

UASs are very limited in size and will carry a small payload and operate only in areas for limited periods 

of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator 

is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. The FAA has granted exemptions for similar 

operations in Exemptions 11062, 11063, 11064, 11065, 11066, 11067, 11080 and 12269.

14 C.F.R. §91.7: Civil aircraft airworthiness

As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft, regular 

maintenance and the use of a safety checklist prior to all flights, an equivalent level of safety can be 

maintained. 

Summary for Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed: Applicant seeks an exemption 

from the following rules: 14 C.F.R. §§ 61.101(e)(4) and (5); 61.113 (a) and (b); 61.23(a) and (c); 

61.315(a); 91.7(a); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1); 91.409(a)(2) and 

91.417(a) and (b) to operate commercially a small unmanned vehicle (55 lbs. or less) for use in aerial 

data acquisition.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s UAS for the Purposes outlined herein and are 

consistent with exemptions already granted, including Exemptions 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11150, 11158, 11213, 11586, 11604 and 12269.

Respectfully submitted, 

This the 11th day of August, 2015.

/s/ Kristopher A. Graham________

Enclosures