I: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX

35 E. Wacker Drive • Suite 1250 • Chicago, Illinois 60601 • 312.922.1030 • wcgrp.com • Offices Nationwide July 8, 2015

Brenda Robeson Program Analyst, Airmen and Airspace Rules Division US Department of Transportation

FAA

Re: 333 Exemption Request Public docket (No. FAA

- 2015

- 1580)

Dear Ms. Robeson

,

Thank you for your review of our waiver. You indicated four main concerns for denial of our request. Please find your concerns and our response below:

• The specific section or sections of 14 CFR from which you seek relief, the extent of the relief you seek, and the reason you seek relief.

Weaver Consultants Group respectfully requests a grant of an exemption of the following sections of Title 14 of the Code of;

- 14 CFR 21;

- 14 CFR 91, et seq.;

- 14 CFR 45.23 (b); Re: Exemption Request Pursuant To Section 333 of the FAA

Reform Act of2012

• 14 CFR 61.113 (a) & (b);

• 14 CFR 407 (a)(l);

• 14 CFR 409 (a)(2);

• 14CFR417(a)&(b).

Weaver Consultants Group also respectfully requests an Exemption fro m Section 333 of

the FAA Reform Act and Part 11 of the Federal Aviation Regulations from:

• 14 CFR 45.23(b);I: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group • 14 CFR Part 21;

• 14 CFR 61.1 13 (a) & (b);

• 91.7 (a);

• 91.9(b)(2);

• 91.103(b);

• 91.109;

• 91.119;

• 91.121;

• 91.151(a);

• 91.203(a) & (b);

• 91.405 (a);

• 91.407 (a) (1 );

• 91.409 (a) (2);

• 91.417 (a) & (b).

The Extent of Relief Weaver Consultants Group Seeks and the Reason It Seeks Such Relief:

Weaver Consultants Group submits this application in accordance with the Reform Act, 112 P.L. 95 §§331

- 334, seeking relief from any currently applicable federal aviation regulations PARs pertaining to UASs (unmanned aircraft systems) and operating to prevent Weaver

Consultants Gr oup contemplated commercial photographic, mapping, and other flight operations within the U.S. national airspace system. The Reform Act in §332 provides for such integration of civil UASs into our national airspace system as it is in the public's interest

to do so. Weaver Consultants Group ' lightweight UASs meet the definition of "small unmanned aircraft" as set forth in §331 and combined with a sterling safety record in similar industries, Weaver Consultants Group ' light duty UASs are ideal recipients of e xemption by

the intent of the Reform Act. Considerations for relief include a combination of sUAS physical characteristics, safety features, and safe practices identified in §333:I: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group • sUAS weight,

• sUAS overall size,

• sUAS speed over ground,

• sUAS fli ght zone characteristics

,

- Non

- operation near airports (civilian or military),

- Tightly controlled operation in populated areas,

Specific consideration is outline below.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. §91.203 (a) ( 1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1 ). Given the size and limited operating area associated sUASs, an exemption

f rom Pa rt 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and §333 of the Reform Act. 1l1e Federal Aviation Act (49 U.S.C.§4470 1 (f)) and §333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the UAS operated witho ut an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness

certificate without the restriction s and conditions proposed. The sUAS to be operated by Weaver Consultants Group is less than 10lbs. with maximal payload consisting of remote sensing instrumentation, carries neither no persons, carries no explosive or flammable materials including combustible fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the pilot (PIC) , 'spotter' role designated to act as both the remote sensing controller and secondary monitor for safety issues, and a technician, which assists in matters related to maintaining the sUAS and also monitors for safety concerns and liaisons to the on

- site s afety officials. These enhancements to current safety practices and regulations, which already apply to civil aircraft, provide a greater degree of safety to the public and property owners than conventional aircraft operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no intrinsic credible threat to national security posed by the UAS, due to its size, speed ofI: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group operation, location of operation, la ck of intrinsic explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the regist ration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letter s not less than 2 inches nor more than 6 inches high, the words "limited;' "restricted;' "light

- sport;' "experimental;' or "provisional;' as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS wil l have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAS, two

- inch lettering will be impossible. The word "Experimental" will be placed on the frame in compliance with §45.29 (f) a t a size suitable for the available space. The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see

the identification of the UAS as "Experimental." The FAA has issued the following exemptions to thi s regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.P.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

§61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring a ground crew member to have a private pilot's

license rather than a commercial pilot's license to operate this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no persons on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of the sUAS are so

diminished from the level of risk assoc iated with commercial operations contemplated by Part 61 when drafted, that allowing operations as requested with a priva te pilot in the ground crew exceeds the present level of safety achieved by 14 C.P.R. §61.1 13 (a) & (b).I: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group 14 C.P.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for dete rmining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, a subset of which are provided in enclosed Supplemental material, an equivalent level of safety will be provided. 14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. §91.9 (b) (2) provides: No person may operate a

U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21. 5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability to carry a physical flight manual on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following e xemptions to this regulation:

Exem ption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700

14 C.F.R. §91.103: Preflight action

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including rev iewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Further, we have proprietary manuals created with the help of sUAS experts, the manufacturer, the regional sUAS vendor and policy holding insurer and continue to work with these organizations to ensure best safe practices are adhered to. 14 C.P.R. §91.1 09: Flight instruction §91.103 provid es that no person may operate a civil aircraft (except a manned free balloon) that is b eing used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box

that 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 & 986 2A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing digital communications which is paired to the sUAS making it nearly impossible to unintentionally or intentionally have the cont rol communications interrupted.I: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group 14 C.F.R. §91.119: Minimum safe altitudes

§91.119 establishes safe altitudes for operation of civil aircraft. §91.119 The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, or structure. Since the typical mission of the UAS would be aerial surveying it would be necessary to ope rate 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

- planned flight has been performed. As set forth herein, the UAS will never operate at higher than 4 00

A GL or beyond unaided visual line of sight, whichever is closer. The equivalent level of safety will be achieved given the size, weight, speed of the s UAS as well as the location where it is operated. No flight operation will be taken without the permission of the property owner in the case of private property or local officials in the case of public property or private property with public interests. Because of the advan ce notice to the property owner and participants in the remote sensing activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting

far more than the maximum 10 lbs of Weaver Consultants Group ’ sUASs proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those

presen tly presented with conventional aircraft operating at or below 500 AGL. 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 §91.119. Therefore we maintain that due to the small size of the sUAS, the hazard to persons, vehicles and structures is minimal compared to m anned aircraft, which should be considered in granting the exemption.

14 C.F.R. §91.121 Altimeter Settings

§91.121 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 may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The PIC and Technician will also ensure effective pairing with multiple GPS sources to guarantee accurate detection of height.

14 C.F.R. §91.15l(a): F uel Requiremen ts for Flight in VFR Conditions

§91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in sterile and controlled environments and has a limited range and flight time which require an exemption from 14 C.F.R. 91.151(a). The battery powering the sUAS provides approximately 50 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C.F.R. §91.15l(a), sUAS flights would be limited to 20 minutes in length. Given the limitations on the sUAS proposed flight area and the location of its proposedI: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group operations within a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. Weaver Consultants Group believes that an exemption from 14 C.F.R. §91.15l(a) falls within the scope of prior exemptions. See exemption 10673 (allowing Lockheed Martin Corporation to operate without comp liance with FAR 91.151 (a)). Operating the small sUAS, 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 give the size and speed of the small UAS. Additionally, limiting sUAS flights to 20 minutes would greatly reduce the utility for which the exemption will be granted. An equivalent level of saf ety can be achieved by limiting flights to 40 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the PIC), whichever happens first. T his 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, and 10808

14 C.P.R . §91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate an d current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91. 715 is displayed at the cabin or cockpit e ntrance so that it is legible to passengers or crew. The sUAS fully loaded weighs no more than 10lbs and is operated without an onboard pilot. As such, there is no ability or p lace to carry certification and registration documents or to display

them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous

exem ptions to this regulation. A representative sample of other exc eptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.P.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require tha t 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 main tain the aircraft in compliance with Part 43. Given that theseI: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Mai ntenance will be accomplished by the operator pursuant to the flight manual. 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 restricted areas for limited pe riods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 4 00 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a lo g 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. An exemption granted to Weaver Consultants Gr oup would permit its operation of lightweight, unmanned, remotely controlled, sUASs in a tightly controlled environment with limited airspace. Technical enhancements to current safety controls will

allow Weaver Consultants Group to operate exceeding curren t safety specifications, and stay ahead of, or meet, new ones being implemented by the FAA and Department of Transportation. Further, Weaver Consultants Group conducts its operations in compliance with protocols described herein or as otherwise established by the FAA.

• The reasons why granting the request would be in the public interest; that is, how it would benefit the public as a whole.

This exemption app lication is expressly submitted to fulfil Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before

co mpletion of the rulemaking required under Section 332 of the Refom1 Act. By granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safety precautions in low risk environments.

Weaver Consultants Groups’ us e of UAS for videoing and photographing utility components (e.g., Accident investigation, fire, train track inspection, search and rescue) as well as survey mapping can reduce the required manpower as well as the likelihood of inspection related injuries. A small UAS can be used to safely inspect powerlines instead of a large helicopter hovering within a close proximity of powerlines carrying persons onboard with hundreds of gallons of combustible fuel. The environmental impact can also be reduced when usin g small UAS instead of traditional methods of utility inspection. Small UAS can inspect, photograph and collect data in hard to reach areas that otherwise would require worker inspection. Manned aircraft have a greater possibility of becoming a threat to t he general public through potential catastrophic crashes resulting in loss of life. Our small UAS pose no such threat due to their small size (each weighing less than 10 pounds), no onboard pilot, and lack of combustible fuel. This alleviates a large amoun t of potential threats to the public.I: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group Additionally, small UAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging.

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites.

The s UAS we propose to fly in this application is under ten pounds, and ca rr

y no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters presents a marked safety i ncrease for our workers and the public.

Lastly, sUAS reduce the envi ronmental impact by dramatically decreasi ng the energy used for aerial imaging and data collection. Our sUAS use s rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times

heavier.

• The reasons why the exemption would not adversely affect safety or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek an exemption.

Weaver Consultants Group proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. The se limitations provide for at least an equivalent or even higher level of safety to operations under the c urren t regulatory structure because the proposed operations represent a safety enhancement to the

al

ready safe protocols followed on construction site s an d imaging and surveying operations conducted with helicopters and conventional fixed wing aircraft.

Weaver Consultants Group will be bound by the following limit ations when conducting its

sUAS operations under an FAA issued exemption:

1. The sUAS will be less than 6 pounds. 2. Flights will be operated within visual line of sight of a pilot. 3. Maximum total flight ti me for each operational flight will be 40 minutes. The UAS

calculates battery reserve in real time, and will return to its ground st ation with at least 20% battery power reserve should that occur prior to the 4 0 minute limit.

4. Flights will never exceed 400 feetAGL. 5. Any site within 5 miles of an airport will not be flown without notification and approval of the local FAA Flight S tandards Dis trict Office (FSDO) and airport manager

. 6. Crew for each operation will c onsist of the sUAS Pilot who will keep the sUAS within his

vi sual line of sight at all times, and a “spotter” to assist the PIC in airspace aircraft awareness.

7. The sUAS Pilot will be trained in flight, operations, and safety proce dures for the sUAS in

use.I: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group 8 . A briefing will be conducted in regard to the planned sUAS operations prior to each day's flight activities. It will be mandatory that all personnel who will b e perfo rming duties within

the boundaries of the safety perimeter be present for this briefing.

9 . All onsite personnel will consent to the UAS fly over on site by waiver, and the operator
will obtain additional verbal or written con sent of all persons who will be allowed wi thin 100 feet of the flight operation.

1 0 . Pilot will have been trained in operation of UASs generally and received up

- to

- date information on the particular UAS to be operated

. 1 1 . Written and/or oral permission from the relevant propert y holders will be obtained.

1 2 . All required permissions and permits will be obtained fro m territorial, state, county or city jurisdictions, includi ng local law enforcement, fire, or other appropriate governmental agencies.

1 3 . If the sUAS loses communications or loses its GPS signal, it will ha ve capability to enter

"loiter mode" and hold , reestablish satellite c onnection, and return to a pre

- determined location within the Security Perimeter and land.

Pursuant to 14 C.F.R. Part II, the fo llowing 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. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.1 03(b);91.1 09; 91.119; 91.121; 91.1 51 (a);91.203(a) and (b); 91.405 (a); 91.407 (a) (I); 91.409 (a) (2); 91.409 (a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in construction operations

.

Approval of exemptions allowing commercial operations of sUAS in the construction industry enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 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 will carry no passengers or crew an d, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters and conventional fixed wing aircraft operating in close proximity to the ground and people.I: \ SURVEY \ UAV \ FAA INFO \ RESPONSE TO DENIAL L ETTER_07 01 15.DOCX Weaver Consultants Group • Any additional information, views, or arguments available to support your

re quest.

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

— provides more than adequat e justification for the grant of the requested exemptions to permit Weaver Consultants Group t o operate sUASs in support of its aerial survey ing, mapping and inspections.

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving the inspection process and decreasing operating costs, and (3) providing an environmentally conscientious way of conducting site su rveys and structural inspections.

This request for exemption is consistent with prior exemptions granted for similar intent

and use: Exemption Nos. 11808, 11666, 11912, 11928 & 11968.

We trust the enclosed information addresses the concerns identified in your comments. Please contact our office if you have any questions.

Sincerely,

Weaver Consultants Group

Michael D. Bytner, P.L.S. Director of Surveying Weaver Consultants Group,

North Central LLC

1316 Bond Street

Suite 108 Naperville, IL 60563

630

- 717

- 4848 mbytner@wcgrp.com