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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 from Section 333 of 

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

• 14 CFR 45.23(b);
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• 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 Group 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 exemption 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:
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• sUAS weight,

• sUAS overall size,

• sUAS speed over ground,

• sUAS flight 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 

from Part 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 without 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 restrictions 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 safety 

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 of 
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operation, location of operation, lack 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 

registration 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 letters 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 will 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) at 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 this 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 associated with commercial operations contemplated by 

Part 61 when drafted, that allowing operations as requested with a private pilot in the ground 

crew exceeds the present level of safety achieved by 14 C.P.R. §61.1 13 (a) & (b).
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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 determining 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 exemptions to this regulation: 

Exemption 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 reviewing 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 provides that no person may operate a civil aircraft (except a 

manned free balloon) that is being 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 & 9862A. 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 control 

communications interrupted.
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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 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-planned 

flight has been performed. As set forth herein, the UAS will never operate at higher than 400 

AGL 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 sUAS 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 officialsin the case of public property or private 

property with public interests. Because of the advance 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 10lbs of Weaver Consultants Group’ sUASs 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 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 manned 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): Fuel Requirements 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 proposed 
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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 compliance 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 safety 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. 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, 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 and 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 entrance 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 place 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 

exemptions to this regulation. A representative sample of other exceptions 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 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 
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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 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 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. An exemption granted to Weaver Consultants Group 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 current 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 application 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 

completion 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’ use 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 using 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 the 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 amount of potential threats to the public. 
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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 sUAS we propose to fly in this application is under ten pounds, and carry no combustible 

material on board, as opposed to the much larger conventionally powered small aircraft. 

Shifting to sUAS from helicopters presents a marked safety increase for our workers and the 

public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used 

for aerial imaging and data collection. Our sUAS uses 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. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

already safe protocols followed on construction sites and imaging and surveying operations 

conducted with helicopters and conventional fixed wing aircraft.

Weaver Consultants Group will be bound by the following limitations 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 time for each operational flight will be 40 minutes. The UAS 

calculates battery reserve in real time, and will return to its ground station with at least 20% 

battery power reserve should that occur prior to the 40 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 Standards District Office (FSDO) and airport manager.

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

visual 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 procedures for the sUAS in 

use.
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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 be performing duties within 

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

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator 

will obtain additional verbal or written consent of all persons who will be allowed within 100 

feet of the flight operation.

10. Pilot will have been trained in operation of UASs generally and received up-to-date 

information on the particular UAS to be operated.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies.

13. If the sUAS loses communications or loses its GPS signal, it will have capability to enter 

"loiter mode" and hold, reestablish satellite connection, and return to a pre-determined 

location within the Security Perimeter and land.

Pursuant to 14 C.F.R. Part II, 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. §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 and, 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.
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• Any additional information, views, or arguments available to support your 

request.

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 adequate 

justification for the grant of the requested exemptions to permit Weaver Consultants 

Group to operate sUASs in support of its aerial surveying, 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 surveys 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