### 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 1 9 , 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. Pleas e 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 o f UAS Operations 9 **VII. Discussion of Requested Exemptions 1**  **1** 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 Command11 D. Title 14 CFR Part 91.7(a): Civil Aircraft Airworthiness 1 1 E. Title 1 4 CFR Part 91.9(b)(2) and (c): Civil Aircraft Flight Manual in the Aircraft 1 2 F. Titl e 14 CFR Part 91.103: Preflight Action 1 2 G. Title 14 CFR Part 91.119: Minimum Safe Altitudes 1 2 H. Title 14 CFR Part 91.121: Altimeter Settings 1 2 I. Title 14 CFR Part 91.151(a)(1): Fuel Requirements for Flight in Visual Flight Rules Conditions 1 3 J. Title 14 CFR Parts 91.203(a) and (b): Civil Aircraft: Certifications Required 1 3 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 1 3 **VIII. Privacy 1** **4**

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**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 I nspection 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 concentratio ns 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 a s a matter of additional note, WJK is known to numerous FAA- personnel (both profe ssionally & 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 Regio n 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 i n the air or on the ground and do not pose a threat to national security. WJK intend s 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 U AS 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 includin g, 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 a nd 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. Addition al 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 h as in excess of 997 hours ‘logged’ PIC time of : SEL; MEL; & Rotorcraft  WJK h old s a current THIRD CLASS MEDICAL CERTIFICATE  WJK has taken Com mercial 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 s ignificant 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): provide d 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.

### Page **7** of **14**

The UAS contai ns 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 specificatio ns: **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 les s 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 manu facturer.

- 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 Repai r**  [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 ha zard 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 i nspection 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).

**V I. 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 & Res cue; 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 Ope rations** 

- 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

### Page **10** of **14** 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 a ll 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 v isual meteorological conditions (“VMC”).

- The DJI Phantom 3 Pro will not operate within 5 nautical miles of an airport having an o perational 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 prot ection. 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 spee ds 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 exce ed 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 exempti on 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: t he 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 c ase, 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 airspac e 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 com mercial 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 t han 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 me thod 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 distance s, 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 famil iar 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, veh icle, 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. Additionall y, 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 wi ll 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 mean s 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 l evel 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 speci al flight authori**  **zation 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 - bo ard 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 regulati ons. **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 d ay/UAS operations.