Page 1 of 14

William John Kossowan

7 Fairview Street

Danvers, MA 01923

Telephone (978) 509-2800

Facsimile (978) 774-0472

wkossowan@comcast.net

January 19, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave. SE

Washington, DC 20590

Subject: Request for Issuance of Exemption under Title 14 CFR, Section 333

Dear Sir or Madam,

By the present letter, William John Kossowan (“WJK”) requests an exemption from the requirements of Title 14 of 

the Code of Federal Regulations (“CFR”) as allowed under Section 333 of the Federal Aviation Administration 

(“FAA”) Modernization and Reform Act of 2012, with regard to the operation of an Unmanned Aircraft System 

(“UAS”) for commercial use in the United States.

Please find enclosed WJK’s petition demonstrating that the intended UAS operations will not adversely affect the 

safety of persons or property in the air or on the ground and meet the level of safety to the rules from which WJK 

seeks exemptions. WJK’s petition also shows why granting the exemption is in the public interest.

Sincerely,

XXX SIGNED – WILLIAM JOHN KOSSOWAN XXX 
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TABLE OF CONTENTS

I. Glossary of Abbreviations 3

II. Information Supporting This Petition as Specified in Title 14 CFR Part 11.81 4

A. Mailing Address and Contact Information 4

B. Sections of Title 14 CFR from which WJK Seeks an Exemption 4

C. Extent of Relief WJK’s Seeks 4

D. The Reasons why Granting WJK’s Request Would Be in Public Interest 4

E. The Reasons why Granting WJK’s Request Would Not Adversely Affect Safety 5

F. Summary 5

G. Additional Information Supporting WJK’s Request 5

III. Description of Petitioner 5

IV. Unmanned Aircraft System 6

A. UAS Performance 7

B. Pre-Flight Inspections, Maintenance, and Repair 8

C. Radio Frequency 8

V. Unmanned Aircraft Pilot in Command 9

VI. Operation of the Unmanned Aircraft 9

A. Intended UAS Operations 9

B. Limitations of UAS Operations 9

VII. Discussion of Requested Exemptions 11

A. Title 24 CFR Part 21, Subpart H: Certification Procedures for Products and Parts, Airworthiness

Certificates 11

B. Title 14 CFR Parts 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements 11

C. Title 14 CFR Parts 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

11

D. Title 14 CFR Part 91.7(a): Civil Aircraft Airworthiness 11

E. Title 14 CFR Part 91.9(b)(2) and (c): Civil Aircraft Flight Manual in the Aircraft 12

F. Title 14 CFR Part 91.103: Preflight Action 12

G. Title 14 CFR Part 91.119: Minimum Safe Altitudes 12

H. Title 14 CFR Part 91.121: Altimeter Settings 12

I. Title 14 CFR Part 91.151(a)(1): Fuel Requirements for Flight in Visual Flight Rules Conditions 13

J. Title 14 CFR Parts 91.203(a) and (b): Civil Aircraft: Certifications Required 13

K. Title 14 CFR Parts 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b): Maintenance and 

Inspections 13

VIII. Privacy 14
Page 3 of 14

I. GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

CFR Code of Federal Regulations

COA Certificate Of Authorization

DJI DJI Phantom 3 Pro

FAA Federal Aviation Administration

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

MEL Multi Engine Land Aircraft 

NAS National Airspace System

PIC Pilot In Command

SEL Single Engine Land Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

WJK William John Kossowan
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II. INFORMATION SUPPORTING THIS PETITION AS SPECIFIED IN TITLE 14 CFR

PART 11.81

A. Mailing Address and Contact Information

William John Kossowan

7 Fairview Street

Danvers, MA 01923

Phone: (978) 509-2800

Fax: (978) 774-0472

wkossowan@comcast.net

B. Sections of Title 14 CFR from which WJK Seeks an Exemption

Title 14 CFR Part Summary of Regulation

Part 21 Airworthiness Certification

21 Subpart H Certification procedures for products and parts, Airworthiness Certificates

Part 45 Identification and Registration Marking

45.23(b) Display of marks; general

45.27(a) Location of marks on nonfixed-wing aircraft

Part 61 Certifications: Pilots, Light Instructors, and Ground Instructors

61.113(a) and (b) Private pilot privileges and limitations: Pilot in command

Part 91 General Operating and Flight Rules

91.7(a) Civil aircraft airworthiness

91.9(b)(2) and (c) Civil aircraft flight manual, marking, and placard requirements

91.103 Preflight action

91.119 Minimum safe altitudes

91.121 Altimeter settings

91.151(a)(1) Fuel requirements for flights in VFR conditions

91.203(a) and (b) Carry civil aircraft certification and registration

91.405(a) Maintenance required

91.407(a)(1) Operation after maintenance

91.409(a)(2) Inspections

91.417(a) and (b) Maintenance records

C. Extent of Relief WJK’s Seeks

WJK seeks exemption from several provisions of Title 14 CFR Parts 21, 45, 61, and 91 to the extent necessary to 

engage in commercial operations of a small UAS for ALL LAWFUL PURPOSES including, but not limited to, the 

following: Real Estate Photography & Videography; Wedding & Special Event Photography & Videography; 

Television & Motion Picture Production Support; Aerial Surveying; Pipeline & Electrical line Inspection; Structural 

Inspection and Collection of Construction Site data; Agricultural Crop Surveillance; Public Safety Search & Rescue; 

Security; Surveillance and Private Investigation, as well as Archeological & Geological Research & Investigation.

D. The Reasons why Granting WJK’s Request Would Be in Public Interest

The proposed UAS operations listed in this petition reflect the growing requests & requirements of our society for 

said services and would be conducted by WJK safely and with reduced risk by virtue of WJK being a seasoned 
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aviator, coupled with concentrations of professional experience in the various aforementioned areas of intended 

operation.

WJK enjoys a very good reputation in general and within the aviation community, and as a matter of additional 

note, WJK is known to numerous FAA-personnel (both professionally & personally) in regards to involvement with 

Surveillance / Safety / NAS programs.

Mike Freie – GS-15, former Program Manager, 202-528-2337

Mike Meier – Electronics Technician, 781 686-7038, Mike.meier@faa.gov

Julie Small – FAA Washington, Program Support 202-267-0705 julie.ctr.small@faa.gov

Stephen Grota – Boston FSDO, former Safety Program Director, 781-238-7528

Bob Siris – New England Region Airports Division, 781-238-7626

. 

WJK’s amassed professional experience, education & training, skill set and community interaction are a strong 

indication that WJK’s proposed UAS operations will not adversely affect the safety of persons or property in the air 

or on the ground and do not pose a threat to national security.

WJK intends to operate add a DJI Phantom 3 Professional UAS equipped with original equipment manufacturer 

(OEM) digital camera, also WJK’s inventory includes an Icom A24 NavCom handheld radio with which to 

communicate on a real-time basis with Air Traffic Control (ATC) when & where required.

E. The Reasons why Granting WJK’s Request Would Not Adversely Affect

Safety

WJK’s UAS operations will provide a level a safety that meet or exceed the level of safety authorized by the FAA. 

The operating procedures that will be implemented by WJK are detailed in sections III to VIII of the petition.

F. Summary

WJK seeks exemption from the requirements of Title 14 CFR Parts: 21 Subpart H, 45.23, 45.27(a), 61.113(a) and (b), 

91.7(a), 91.9(b)(2) and (c), 91.103, 91.119, 91.121, 91.151(a)(1), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 

91.409(a)(2), and 91.417(a) and (b) to the extent necessary to operate a UAS for ALL LAWFUL PURPOSES including, 

but not limited to, the following: Real Estate Photography & Videography; Wedding & Special Event Photography & 

Videography; Television & Motion Picture Production Support; Aerial Surveying; Pipeline & Electrical line 

Inspection; Structural Inspection and Collection of Construction Site data; Agricultural Crop Surveillance; Public 

Safety Search & Rescue; Security; Surveillance and Private Investigation, as well as Archeological & Geological 

Research & Investigation within the United States.

G. Additional Information Supporting WJK’s Request

Sections III to VIII provide additional information supporting WJK’s request.

III. DESCRIPTION OF PETITIONER
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 WJK is a licensed private pilot (PRIVATE PILOT CERTIFICATE NUMBER 3250558 – SINGLE ENGINE LAND; 

INSTRUMENT AIRPLANE) 

 WJK has in excess of 997 hours ‘logged’ PIC time of: SEL; MEL; & Rotorcraft

 WJK holds a current THIRD CLASS MEDICAL CERTIFICATE 

 WJK has taken Commercial Pilot Training & passed the Commercial Pilot Written Exam

 WJK holds a Small UAS Certificate of Registration (CERTIFICATE NUMBER FA3EYLPWH9) 

 WJK has an extensive background in aviation 

For over twenty years WJK’s career as an Industrial Engineer has included professional experience in support of: 

Department of Defense (DoD); Missile Defense Agency (MDA): Federal Aviation Administration (FAA): and 

International Civil Aviation Organization (ICAO) programs. While at the same time has maintained significant 

involvement & made a sizable contribution to General Aviation 

NOTABLE EXPERIENCE, OCCURRENCES & OPPORTUNITIES

 Amassed aviation training viewed by the FAA as BS – Aviation Science (degree equivalency)

 SECRET Security Clearance , issued March 2009

 Attended FAA UAS (Unmanned Aerial Systems ) seminar given by Mark Foisy FAA Great 

Lakes FSDO - UAS Policies, EAA AirVenture, Oshkosh, WI July 2015

 FAA “Distinguished Aviator” – for contribution to Air Safety, September 2013

 Member of FAA Safety Team (FAAST) coordinated & promoted aviation safety programs 

1997 – 2012

 AOPA (Aircraft Owners and Pilot Association) Airport Support Network (ASN) volunteer for 

KBVY – Beverly Municipal Airport, Beverly, MA 2011 – to date 

 FAA ASR-11 (Airport Surveillance Radar, model 11) Program 2006 - 2008 

 NSAC / AOPA Representative to the Beverly Airport Commission 2008 – to date 

 Author of forty eight (48) published aviation periodical articles, years active 1995-2005

 Supported FAA Airport Improvement Program (AIP): provided intel; flew FAA & DOT 

personnel to sites 1990 – 1992

 Eastport Municipal Airport (KEPM), Eastport, ME

 Flew myself to job sites while employed by Raytheon assigned to the FAA Technical Support 

Service Contract (TSSC) 1989 – 1990

 Defacto ‘after hours’ Point Of Contact (POC) for Beverly Municipal Airport (see 

www.BeverlyAirport.com/contacts)

 Aviation Subject Matter Expert (SME)

 North Shore Aero Club (NSAC); Beverly Municipal Airport (KBVY), Beverly, MA 1989 – to date 

 President and Operations & Maintenance Officer 1997 - 2001

 Aircraft Owners & Pilots Association (AOPA) member 1988 – to date 

 Occasionally fly myself to work – now how many pilots can say they do that ? 

IV. UNMANNED AIRCRAFT SYSTEM

The UAS proposed by WJK is the DJI Phantom 3 Pro (“DJI”). The DJI Phantom 3 Pro is a battery-operated 

lightweight quadcopter with on-board equipment and controlled via radio transmission from a separate Ground 

Control Station (“GCS”) used. See Figure 1.

The on-board flight computer is in constant communication with the GCS and transmits live data such as speed, 

compass direction of flight, and altitude levels.
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The UAS contains a Global Positioning System (“GPS”) tracking device and an on-board gimbal mounted

camera capable of capturing full color high definition photos and videos.

The UAS is also equipped with a set of LEDs and aircraft status indicators which not only provide an enhanced 

visual from the ground but also assist the Pilot In Command (“PIC”) to confirm battery, GPS, and other 

functionalities of the UAS.

Figure 1: DJI Phantom 3 Pro

A. UAS Performance

Below are the DJI Phantom 3 Pro Aircraft specifications:

Metric Imperial

Weight (Including Battery and 

Propellers)

1280 g 2.8 lb

Diagonal Size (Including

Propellers)

590 mm 23.2 in

Max Ascent Speed 5 m/s 9.7 knots (11.2 mph)

Max Descent Speed 3 m/s 5.8 knots (6.7 mph)

Hover Accuracy

Vertical: +/- 0.1 m (when Vision

Positioning is active) or +/- 0.5 m

Vertical: +/- 4 in (when Vision

Positioning is active) or +/- 20 in

Horizontal: +/- 1.5 m Horizontal: +/- 59 in

Max Speed 16 m/s (ATTI mode, no wind) 31.1 knots (35.8 mph) (ATTI

mode, no wind)

Max Altitude Above Sea

Level

6000 m 3.73 mi

Operating Temperature 0°C to 40°C 32°F to 104°F

GPS Mode GPS/GLONASS

Ref.: http://www.dji.com/product/phantom-3/spec

DJI Phantom 3 Pro is equipped with the FAILSAFE feature: If the aircraft battery is running low,

or if the DJI loses the connection with your remote controller for any reason, the aircraft will

automatically return to the takeoff point and land safely.
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Operation Conditions and Limitations – UAS Performance

- The DJI Phantom 3 Pro will weigh less than 3 pounds including payload.

- The speed of the DJI Phantom 3 Pro will not exceed 87 knots (100 miles per hour). The

DJI Phantom 3 Pro will be operated at airspeeds greater than the maximum Unmanned

Aircraft operating airspeed recommended by the manufacturer.

- If the UAS loses communications or loses its GPS signal, the DJI Phantom 3 Pro will

return to a pre-determined location within the private or controlled-access property.

B. Pre-Flight Inspections, Maintenance, and Repair

WJK will implement all necessary procedures, such as pre-flight inspections, maintenance, and

repair to ensure that the DJI Phantom 3 Pro is in a condition for safe flight.

Operation Conditions and Limitations – Pre-Flight Inspections, Maintenance, and Repair

[Continued on next page]

- If the DJI Phantom 3 Pro is to undergo maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical component, the

UAS will undergo a functional test flight prior to conducting further operations.

Functional test flights will only be conducted by a PIC with a Visual Observer (“VO”)

and must remain at least 500 feet from people. The functional test flight will be

conducted in such a manner so as to not pose an undue hazard to persons and property.

Operation Conditions and Limitations – Pre-Flight Inspections, Maintenance, and Repair

- WJK will be responsible for maintaining and inspecting the DJI Phantom 3 Pro to ensure

that it is in a condition for safe operation.

- Prior to each flight, the PIC will 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 will not be operated

until necessary maintenance has been performed and the UAS is found to be in a

condition for a safe flight.

- WJK will follow the DJI Phantom 3 Pro manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft

components.

C. Radio Frequency

The operating frequency of the Remote Controller (i.e. GCS) ranges from 2.400 GHz to 2.483

GHz.

The radio frequency used for control of the UAS associated equipment (camera, sensors, etc.) is

2.4 GHz ISM.

The DJI Phantom 3 Pro complies with the Federal Communications Commission (“FCC”) regulations.
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V. UNMANNED AIRCRAFT PILOT IN COMMAND

WJK’s designated pilot operating the DJI Phantom 3 Pro will:

- Hold a private pilot’s license,

- Hold a current third-class medical certificate,

- Have a deep knowledge and thorough understanding of the UAS and its operation,

- Have experience in operating the DJI Phantom 3 Pro.

The PIC will be assisted by a VO at all times during the DJI Phantom 3 operations.

Operation Conditions and Limitations – PIC Qualifications and Training

- The PIC will be designated before the flight and will not transfer his or her designation

for the duration of the flight.

- The PIC will hold a private pilot certificate and a FAA airman medical certificate. Operation 

Conditions and Limitations – PIC Qualifications and Training

- WJK will not permit any PIC to operate unless the PIC demonstrates 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 will be logged in a manner 

consistent with Title 14 CFR Part 61.51(b). Training operations will be conducted during 

dedicated training sessions.

- All operations will utilize a visual observer (VO).

VI. OPERATION OF THE UNMANNED AIRCRAFT

A. Intended UAS Operations

WJK seeks to engage in commercial operations of a small UAS for ALL LAWFUL PURPOSES including, but 

not limited to, the following: Real Estate Photography & Videography; Wedding & Special Event

Photography & Videography; Television & Motion Picture Production Support; Aerial Surveying; Pipeline & 

Electrical line Inspection; Structural Inspection and Collection of Construction Site data; Agricultural Crop 

Surveillance; Public Safety Search & Rescue; Security; Surveillance and Private Investigation, as well as 

Archeological & Geological Research & Investigation.

WJK’s operations will provide a superior level of safety. 

B. Limitations Of UAS Operations

Operation Conditions and Limitations – UAS Operations

 - The speed of the DJI Phantom 3 Pro will not exceed 87 knots (100 miles per hour). The

 DJI Phantom 3 Pro will be operated at airspeeds greater than the maximum Unmanned

 Aircraft operating airspeed recommended by the manufacturer. [Section IV.A]

 - The DJI Phantom 3 Pro will not be operated at an altitude of no more than 400 feet
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 Above the Ground Level (“AGL”). [Section IV.A]

 - The DJI Phantom 3 Pro will be operated at an altitude of no more than 400 feet AGL.

 - The DJI Phantom 3 Pro will be operated within the visual line of sight (“VLOS”) of the

 PIC and VO at all times. The VO and PIC will be able to communicate verbally at all

 times. The PIC will ensure that the VO can perform the duties required of the VO.

 - UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All

 - UAS operations will be conducted under visual meteorological conditions (“VMC”).

 - The DJI Phantom 3 Pro will not operate within 5 nautical miles of an airport having an

 operational control tower unless a letter of agreement with that airport’s management is

 obtained or otherwise permitted by a Certificate Of Waiver or Authorization (“COA”) issued to WJK.

- The DJI Phantom 3 Pro will 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.

- The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

- The PIC will be prohibited from flying unless (considering wind and forecast weather

conditions) there is enough available power for the UAS 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.

- The DJI Phantom 3 Pro will remain clear and give way to all manned aviation operations

and activities at all times.

- The UAS will not be operated by the PIC from any moving device or vehicle.

- 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 UAS and/or debris in the event of

an accident. WJK will 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 UAS, flight operations will 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.

All operations will 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

.
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VII. DISCUSSION OF REQUESTED EXEMPTIONS

A. Title 24 CFR Part 21, Subpart H: Certification Procedures for Products and Parts, Airworthiness 

Certificates

The FAA has stated that no exemption is needed from this section if a finding is made under the

Reform Act that the UAS selected provides an equivalent level of safety when compared to

aircraft normally used for the same application. See granted exemption to Astraeus Aerial, Docket

No. FAA-2014-0352 at 13-14, 22. If, however, the FAA determines that there are some

characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an

exemption is requested.

The UAS operated will have a gross weight less than 55 pounds and will be flown at speeds less

than 87 knots (100 miles per hour). It will not carry a pilot or passengers, or flammable fuels and

will be operated in well-defined locations using a PIC and a VO. All operations will be conducted

in compliance with the limitations and conditions stated in this petition for exemption.

The characteristics and conditions under which the UAS will be operated, as outlined in this

petition, given the size, weight, speed, operation capability and proximity to airports and

populated areas, achieve or exceed the equivalent level of safety over a manned aircraft with an

airworthiness certificate used for the purposes outlined in this petition.

B. Title 14 CFR Parts 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

WJK seeks an exemption from the aircraft marking and identification requirements contained in

Title 14 CFR Parts 45.23(b) and 45.27(a). In a previous grant of exemption, the FAA determined

that exemption from these requirements was warranted, under the following conditions: the

aircraft shall “have identification (N-Number) markings in accordance with 14 C.F.R Part 45,

Subpart C if the markings are as large as practicable.” FAA Docket No. FAA-2014-0352.

C. Title 14 CFR Parts 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

WJK seeks exemption from Title 14 CFR Parts 61.113(a) and (b) which restricts private pilot

certificate holders from flying aircraft for compensation or hire and would also require a Class II

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC

matches the airspace in which the PIC will be operating, as well as requiring certifications if the

private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated

as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics

of UAS operation outside of controlled airspace did not warrant the addition cost and restrictions

attendant with requiring a the PIC to have a Commercial Pilot Certificate and Class II medical

certificate. The fulfillment of the additional requirements for a private pilot to become qualified

as a commercial pilot would not lead to any additional safety benefits when UAS operations are

involved. Furthermore, while helpful, a pilot license will not ensure remote control piloting skills.

The risks associated with the operation of small UAS are far less than the risks associated with

the commercial activities outlined in Title 14 CFR Parts 61.113 (a) and (b).

D. Title 14 CFR Part 91.7(a): Civil Aircraft Airworthiness

WJK seeks an exemption from Title 14 CFR Part 91.7(a), which requires that a civil aircraft be in

airworthy condition to be operated. The FAA has stated that no exemption is required for Title 14

CFR Part 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable.
Page 12 of 14

See Docket No. FAA-2014-0352 at 13-14, 22.

E. Title 14 CFR Part 91.9(b)(2) and (c): Civil Aircraft Flight Manual in the Aircraft

WJK seeks exemption from Title 14 CFR Part 91.9(b)(2) and (c). Given the small size and

configuration of the UAS, it would be impossible to keep airworthiness documents and other

aircraft manuals on board because there is simply no room, and the UAS has no cabin or cockpit.

The UAS flight manual, registration certificate, and other documentation will be kept at the

control station with the operator during flight. This alternate method constitutes full compliance

with the regulations.

F. Title 14 CFR Part 91.103: Preflight Action

WJK seeks an exemption from Title 14 CFR Part 91.103, which requires the PIC to become

familiar with specific information before each flight, including information contained in the

FAA-approved Flight Manual on board the aircraft.

The PIC will review information prior to flight to maintain the safety of the operation, including

but not limited to, the weather, battery levels, landing and takeoff distances, and aircraft

performance data. The PIC will refer to the manufacturer supplied UAS manual and WJK Flight

Operations Manual for technical data and information as provided. The manual will be kept at the

GCS during operations.

While the PIC will be familiar with all information necessary to safely conduct the flight, an

exemption is requested to the extent that an FAA-approved Flight Manual is required.

G. Title 14 CFR Part 91.119: Minimum Safe Altitudes

WJK seeks an exemption from the minimum safe altitude requirements of Title 14 CFR Part

91.119. This section prescribes the minimum safe altitudes under which aircraft may not operate,

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in

non-congested areas. See Title 14 CFR Part 14 C.F.R. 91.119(c).

Title 14 CFR Part 91.119(d) allows for a helicopter to operate at less than those minimum

altitudes when it can be operated “without hazard to persons or property on the surface” provided

that “each person operating the helicopter complies with any routes or altitudes specifically

prescribed for helicopters by the FAA.” An exemption is required because the proposed UAS

operations will occur below 400 feet AGL. Additionally, due the nature of the proposed

operations, the PIC and/or VO may need to be less than 500 feet away from the UAS.

The UAS operated by WJK are far smaller than manned aircraft, such as rotorcraft and fixed

winged aircraft. Additionally, the UAS do not carry a pilot or passengers, weigh less than 55

pounds, do not carry flammable fuel, will not exceed 87 knots (100 mph), and it will not be

operated over non-participating persons. The UAS will be operated below 400 feet AGL with the

use of a PIC and a VO to avoid risk to aircraft, persons and property. This provides an equivalent

or greater level of safety than achieved with conventional aircraft currently performing similar

operations.

H. Title 14 CFR Part 91.121: Altimeter Settings

WJK seeks an exemption from Title 14 CFR Part 91.121, which requires a person operating an

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the
Page 13 of 14

elevation of the departure airport or barometric pressure. An exemption is required to the extent

that the UASs do not have a barometric altimeter but rather GPS altitude display.

The operator will confirm the elevation of the launch site prior to launch. This will be compared to the 

GPS sensor or barometric sensor derived altitude as displayed on the UAS reading at the GCS. The 

operator will then determine the maximum permissible altitude to maintain flight below 400 feet AGL and 

and will not exceed this altitude. The maximum permissible altitude will also be monitored and estimated 

by visual means through the use of the PIC and VO. This provides a level a safety equal to or exceeding the 

regulation.

I. Title 14 CFR Part 91.151(a)(1): Fuel Requirements for Flight in Visual Flight Rules Conditions

WJK seeks an exemption from Title 14 CFR Part 91.151(a)(1): Fuel Requirements for Flight in

Visual Flight Rules (“VFR”) Conditions. The technological limitations on UAS battery power

means that no meaningful flight operations can be conducted while still maintaining a 30-minute

battery reserve. An exemption from the fuel requirements of Title 14 CFR Part 91.151(a) is

therefore required.

The UAS flight will be terminated with at least 20% reserve power. This allows the UAS to

return to its landing zone with adequate power remaining to conduct a safe and controlled

landing. Given the UAS’s size, weight, and speed, the UAS when operated with this limitation

provides an equivalent or greater level of safety than manned aircraft represented by this

regulation.

J. Title 14 CFR Parts 91.203(a) and (b): Civil Aircraft: Certifications Required

Title 14 CFR Part 91.203(a) states that: “No person may operate a civil aircraft unless it has [...]

an appropriate and current airworthiness certificate.” 

Furthermore, Title 14 CFR Parts 91.203(b) states that: “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.”

In regard to Title 14 CFR Part 91.203(a), an equivalent level of safety is achieved through the

methods and characteristics as outlined in the request for exemption from Title 14 CFR Part 21,

Subpart H.

In regard to Title 14 CFR Part 91.203 (b), the UAS does not carry a pilot or passengers, does not

have a cabin or cockpit entrance, and does not have on-board storage in which to carry

certification and registration documents. An equivalent level of safety will be achieved by

maintaining the proper documentation at the GCS readily available. This alternate method

constitutes full compliance with the regulations.

K. Title 14 CFR Parts 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b): Maintenance and 

Inspections

WJK seeks an exemption from the maintenance inspection requirements contained in Title 14

CFR Parts 91.405(a), 91.407(a)(1) and (2), 91.417(a) and (b). These regulations specify

maintenance and inspection standards in reference to Title 14 CFR Part 43. An exemption from
Page 14 of 14

these regulations is needed because Part 43 and these sections only apply to aircraft with an

airworthiness certificate, which the UAS to be operated under this grant of exemption will not

have.

The UAS will be maintained and inspected in accordance with the manufacturer-supplied manual

and WJK UAS Pre-Flight & Maintenance Operations Log. This includes maintenance, overhaul,

replacement and inspection requirements for the UAS. The PIC, prior to the first flight of the day

and as deemed necessary otherwise, will undertake preflight inspection procedures in order to

ensure the UAS is in a condition for safe operation. Discrepancies that may affect the safety of

flight will be addressed and repaired if required. The PIC and WJK will maintain the UAS in a

condition for safe operation. Given the size, characteristics, and operating limitations of UAS as described 

herein, this provides a level of safety equivalent to or greater than manned aircraft performing similar

operations.

VIII. PRIVACY

WJK’s UAS operations will be conducted in accordance with applicable federal, state, or local laws regarding 

privacy. All operations shall be conducted over private or controlled-access property with permission from the 

land/building owner/controller or authorized representative. Permission from land owner/controller or authorized

representative will be obtained for each flight to be conducted. Notification of inspection activities (including UAS 

operations) will be delivered via land/building owner/controller or authorized representative a minimum of 24 

hours prior to inspection day/UAS operations.