Duane E. Koons Jr. Wingless Aerial Solutions & Photography (WASP) 411 Cindy Drive Jonestown, PA 17038

June 8, 2015

U.S. Department ofTransportation Docket ManagementSystem 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14CFR 91.121; 14CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFR Part 11, Duane E. Koons Jr., owner ofWingless Aerial Solutions & Photography also known as WASP, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation ofasmall UAS, so long as such operations are conducted within and underthe conditions outlined herein or as my be established bythe FAA as required by Section 333, forall operators ofsmall Unmanned Aerial Systems (UAS) workingfor WASP.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner:

1. Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photographyfor public and/or private use includingtelevision, public events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the
owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases ofan emergency or natural disaster onlywhen the local authorities or government has requested it by contract or donation.

As described fully below, the requested exemption would permitthe operation ofsmall UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) willprovide safety enhancements tothe already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

....establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."

The name, phone, email and address ofthe applicant: Name: Wingless Aerial Solutions & Photography (WASP) Phone: (717) 304-5494 Email: duane.koons1@gmail.com Address: 411 Cindy Drive Jonestown, PA 17038
Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113(a) 14CFR 91.7 (a) 14CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119(c) 14CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The small UAS's I will be using are multi-rotorcraftweighing no morethan 55lbs. including payload. Under normal conditions they operate at speeds of no more than 45 Mph or39 Knots and have the ability hoverand move along avertical and horizontal plane simultaneously. They will operate in line of sight only and by the exempted persons only obeying all other local and federal laws.

Given the small size ofthe small UAS and the controlled environment provided the proposed operations will adheretothe Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limitedto reduced emissions and noise, the grant ofthe requested exemption is in the public interest.Accordingly the applicant requests thatthe FAA grantthe requested exemption with minimum delay.AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/orobserver. 3. Maximum flighttime for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes offlighttime whichever occurs first. 4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crewfor each operation will consist ofthe small UAS Pilot in Command (PIC), the Visual Observer (VO) when needed and may include but not limited to a Camera Operator. 6. A briefingwill be performed regarding the planned small UAS operations priorto each day's flight consisting ofall the days' production activities. 7. The PIC will obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required underthe FOM. With the advanced permission or direction ofthe FSDO, operations at closer range may be approved. 8. The PIC and VO will have been trained in operation ofsmall UAS and receive up-to-date information forthe particular small UAS to be operated and will be able to show upon request their competent abilityto operate the small UAS and/or Camera. 9. The PIC and VO will be able to communicate by voice, radio, and/ortext at all times. 10. Written and/orverbal permission and permits will be obtained from territorial, state, county
or cityjurisdictions, including law enforcement, fire orotherappropriate governmental agencies when needed. 11. Ifthe small UAS loses communications or loses GPS signal, the small UAS will have the capabilityto return to a pre-determined location within a designated location and land autonomously. 12. The small UAS will have the capabilityto abort aflight in case of unpredicted obstacles, weather, or emergencies.

14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1)
Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular small UAS. In all cases, an analysis ofthese criteria demonstratesthatthe small UAS operated without
an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe restrictions and conditions proposed. The small UAS to be operatedhereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within asecured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operatorand underthe requirements and in compliance with local public safety requirements. These safety enhancements provide agreater degree ofsafetytothe public and propertyownersthan conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed bythe small UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry asubstantial external load.

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

The regulation requires: When marks include onlythe 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 morethan 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance tothe cabin, cockpit or pilot station on which the word "Experimental"
can be placed. Given the size ofthe small UAS, two-inch letteringwill be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safetywill be provided by having the small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification ofthe small UAS as "Experimental."

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

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command ofan aircraftthat is carrying passengers or propertyfor compensation or hire. Our small UAS do not carry any pilots or passengers nor propertytherefore Iam seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks attendanttothe operation ofsmall UAS is far less than the risk levels inherent in the commercial activities outlined in 14CFR 61. Ifeel the operation and limitations set forth in the FOM will equate to the safe operation ofthe small UAS.

14C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determiningairworthiness. Given the size ofthe aircraft for maintenance and use ofsafety checklists priorto each flight an equivalent level ofsafety will be provided.14C.F.R. § 91.9 (b) (2}: Civil Aircraft Flight Manual in the Aircraft.

Section 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 ofthis chapter, unless there is available in the aircraft acurrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The small UAS, given its size and configuration has
no abilityor place to carry such aflight manual on the aircraft, notonly because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the small UAS will have immediate access to it.

14C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flightto insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. The OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight.

14C.F.R. §91.109: Flight Instruction.

Section 91.103 providesthat no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fullyfunctioning dual controls. Small UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofacontrol box that communicates with the aircraft via radio communications. The FAA has approved exemptions forflighttraining withoutfully functional dual controls for a number ofaircraft and forflight instruction in experimental aircraft. The equivalent level ofsafety provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.

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

Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthe helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for asmall UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph astructure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir preobtained consent. The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe small UAS as well as the location where it is operated. No flight will be taken withoutthe permission of the property owner or local officials. Because ofthe advance notice tothe property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations.Compared toflight operations with aircraft or rotorcraft weightingfar morethan the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraftoperating at or below 500 AGL. In addition, the low-altitude operations ofthe small UAS will ensure separation between these small- UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119.

14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to
an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimetersetting available before departure." As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved bythe operator, pursuanttothe safety check list and live flight data monitoring, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator before flight.

14C.F.R. § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) Duringthe day, tofly afterthatfor at least 30 minutes; or {2} At night, tofly afterthatfor at least 45 minutes." The battery poweringthe small UAS provides approximately 30 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limitedto approximately 10 minutes in length. Given the limitations on the small UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertimeframe forflight in daylight ortwilightVFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151{a) falls within the scope of prior exemptions. Operatingthe small UAS, in atightly 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 notengenderthe type of risks that Section 91.151{a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting small UAS flights to 10 minuteswould greatly reduce the utility forwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limitingflights to 30 minutes or 25% of battery power- whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area.

14C.F.R. §91.203 

### (a) and (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) ofthis section or aspecial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the small UAS.

An equivalent level ofsafetywill be achieved by keepingthese documents atthe ground control point where the pilotflying the small UAS will have immediate access to them; to the extentthey are applicable tothe small UAS.

14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### &(b): Maintenance Inspections.

These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuanttothe flight manual and operating handbook. An equivalent level ofsafetywill be achieved because these small UASs are very limited in size and will carry asmall payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the small UAS can land immediatelyand will be operating from no higher than 400feetAGL. The operatorwill ensure thatthe small UAS is in workingorder priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover,the operator is the person most familiar withthe aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.

An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM}. As provided in the FOM, the operatorwill ensure thatthe small UAS is in working order priorto initiatingflight and perform required maintenance needed.Small UAS Information

Small UAS's to be used are as follows but not limitedto providingthey are within the scope ofthe exemption granted by the FAA:

1. DJI Phantom 3 Weight (Battery & Propellers Included) -2.8211bs. HoverAccuracy- Vertical:+/- .33ft (when Vision Positioning is active) or +/- 1.64ft Horizontal: +/- 4.9 ft MaxYaw Angular Velocity -200°/s MaxTiltAngel -35° MaxAscent Speed -16ft/s Max Descent Speed - 9 ft/s Max Flight Speed -36mph DJI Phantom 3 Battery
o DJI 4480mAH LiPo Battery DJI Phantom 3 Gimbal Controllable Range- Pitch -90 degrees to +30 degrees Stabilization- 3-axis (pitch, roll, yaw) DJI Phantom 3 Camera
o OperatingTemperature Range -32°F -104°F
o Sensor Size -1/2.3 in.
o Effective Pixels -14M
o Resolution -4384x3288
o HD Video Recording

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

• FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280x720p 24/25/30/48/50/60

o Recording Field ofView -110°/85° DJI Phantom 3Transmitter
o Operating Frequency -2.400GHz-2.483GHz
o Communication Distance (unobstructed) -FCC Compliance: 2400 ft
o Receiver Sensitivity (1%PER) -101dbm +/- 2dbm
o Transmitter Power -FCC Compliance: 20dbm CE: 16dbm Conclusion Thank you forthe consideration ofthese exemptions. Sincerely,

Duane E. Koons Jr. Owner

## I Operator Wingless Aerial Solutions & Photography WASP