To: US Department of Transportation -- FAA 

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 ofthe Federal Aviation

Regulations

FROM: Wray Ward, LLC

 900 Baxter Street

 Charlotte, NC 28202

 ppropst@wrayward.com

REQUEST FOR EXEMPTION FROM FAA UAS REGULATIONS:

14 C.F.R. Part 21;

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b) (2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.105;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a) (1); 1

4 C.F.R. 91.409(a) (2);

14 C.F.R. 91.417(a)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. 

Part 11, Wray Ward, LLC (Wray Ward) a marketing communications firm, located in Charlotte, North Carolina 

with employees that are designated operators of the DJI Phantom 2 (“DP2”) and DJI Phantom 3 (DP3) 

Unmanned Aircraft Systems (“UAS”) seeks exemption from the Federal Aviation Regulations (“FARs”) as 

described below. The exemption request will permit Wray Ward to operate UASs commercially for the 

purpose of filming and photographing property, people, and events for branding in a controlled scripted 

environment. Wray Ward will provide a service that is beneficial to brand marketing with a legal and safe 

option of photography and videography to showcase a product of client branded event with permissions

This will benefit the public with the controlled and scripted operation of UASs by and increased integration 

into the National Airspace System (“NAS”). All operations by Wray Ward will strictly adhere to safety, 

applicable FARs, Operator’s Handbook, applicable Airworthiness Directives, and all other guidelines from the 

FAA. Wray Ward will, at all times, conduct operations in a manner as to maintain the same level of safety as 

current manned aircraft operations. Wray Ward will operate exclusively in controlled conditions, within visual 

line of sight (“VLOS”), at low altitudes of 400 feet above ground level (“AGL”). Any UAS in operation by Wray 

Ward will not exceed 55 lbs. weight. At all times Wray Ward will, maintain safe operations, ensurecurrent 

requirements are met and
consistently assure an open line of communication with the FAA. Wray Ward will maintain the highest of 

standards in all UASsoperations.

Wray Ward is aware of the progressive attitude that the FAA is extending toward adoption of UAS technology 

and the future airspace integration. It is in light of this attitude and in the spirit of the proposed rules for 

circulation that applicant specifically requests a waiver of the requirement to hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate. The capabilities and experience of the 

operator are detailed further in Appendix A, and the failsafe capabilities that are a core of the design of the 

proposed UAS exceed those found in traditional airframes. Given the greatly reduced potential for injury 

and/or damage of UAS operation in accordance with the enclosed exemption requests, applicant wishes to 

forgo the requirement to assign operation of the aircraft to an operator who may hold an airman certificate, 

but lack the necessary experience in operating a multirotor UAS. Applicant will understand that approval of 

this exemption request is in accordance with the highlighted specificities noted in thisparagraph.
APPENDIX A

EXEMPTION REQUEST INFORMATION SUPPLEMENT PERTAINING TO APPLICABLE RULES SUBJECT 

TOEXEMPTION
Summary:

Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing,and

the type of operations performed by the UASs operated by Wray Ward respectfully request that where a 

regulation differentiates according to class that it be permitted to operate under those regulations 

pertaining to helicopters. Wray Ward requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of its UASs:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 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 sizeof

the aircraft and the limited operating area associated with its utilization, it is unnecessary to go 

through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed 

current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the ReformAct

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 UAS involved.

In this case, an analysis of these criteria demonstrates that the Wray WardUASs

operated without an airworthiness certificate, under the conditions proposed herein, will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The 

UASs will remain less than 55 lbs. GTOW. Will not carry a pilot or passenger, will not carry flammable 

fuel, and will operate exclusively within an area pre- disclosed and in compliance with conditions set 

forth herein. Operations under this exemption will be tightly controlled and monitored by both the 

operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA 

will have advance notice of all operations through the filings with the FSDO. Receipt of the prior 

permission of the land owner, or controlling authority, the size of the aircraft, the lack of flammable fuel, 

and the fact that the aircraft is carried to the location and not flown there all establish the equivalent 

level of safety. The UASs construction with absorbent material provides at least an equivalent level of 

safety to that of such operations being conducted with conventional aircraft that would be orders-ofmagnitude larger and would be carrying passengers, cargo, and flammablefuel.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of the UASs without an airworthiness 

certificate, no standard will exist for airworthiness of the UASs. Given the size of the aircraft and the 

requirements that have presumably already been met in the approved standard operating procedures (for

instance, the Maintenance & Inspection Manual and Safety
Checklist), an equivalent level of safety will be achieved by ensuring compliance with the 

operating manuals prior to each flight.

14 C.F.R. § 91.9(b) (2): Civil Aircraft Flight Manual in theAircraft.

The regulation 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 equivalent level of safety will be 

achieved by keeping the flight manual at the ground control point where the pilot flying the UAS will have 

immediate access to it. The FAA has issued to others the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738,9299,

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and10700.

14 C.F.R. § 91.109(2)

This regulation provides that flight crewmembers must keep a safety belt fastened while at a 

crewmember station. Wray Ward’s UASs are by definition not manned and therefore maintain an 

equivalent level of safety without the use of safety belt since no danger is posed due to the fact that 

there are no persons ever aboard the aircraft.

14 C.F.R. § 91.121(a)

This regulation requires that aircraft be operated at altitude in reference to an altimeter set to 

applicable barometric pressure. According to the Flight Manuals and information included with this 

exemption request the UASs operated by Wray Ward uses GPS positioning, and the DP2 uses, in 

addition, a specialized sensor that limits the aircraft altitude to apredetermined

height set by the PIC during preflight inspections. This, in addition to all flights being conducted by VLOS, 

assures altitude restrictions will be maintained by the PIC. Given the nature of the flight being limited to 

an upper altitude limit, the limited area of operations, the See and Avoid procedures set forth by Wray 

Ward, and in light of the UASs not being operated at VFR or IFR cruising altitudes an equivalent level of 

safety will be achieved.

14 C.F.R. § 91.109(a) & 91.319(a) (1): FlightInstruction

These regulations provide 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. UASs are a 

remotely piloted aircraft and by 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. If instruction is accomplished through a training program, as set forth in an equivalent 

level of safety will be assured. 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 will be achieved by Wray Ward.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to theflight
characteristics of Wray Ward UASs (vertical takeoff and landing, and ability to hover)

as well as the nature of the type of flights conducted by UASs and the similarity to helicopters Wray 

Ward requests to operate in accordance with section 91.119(d). Theequivalent

level of safety will be achieved given the size, weight, speed, and material with which the UASs are built. 

Furthermore; No flight will be taken without the permission of the land owner or those who control the 

land. Because of the advance notice to the landowner, all affected individuals will be notified of the 

flights. Compared to aerial photography or videography operations conducted with aircraft or rotorcraft 

weighing far more than the UAS and carrying flammable fuel, any risk associated with these operations 

will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. 

Indeed, the low-altitude operations of the UAS will maintain separation between these small-UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119, give right of 

way to all manned aircraft.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFRConditions

This regulation prohibits an individual from beginning “a flight in a rotorcraft under VFR 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) During the day, to fly after that for at least 30 

minutes; Or (2) at night, to fly after that for at least 20 minutes.” Given the limitations on its proposed 

operations and the location of those proposedoperations, a longer time frame for flight in daylight VFR

conditions is reasonable. Wray Ward

believes that an exemption from 14 CFR § 91.151(b) is safe and within the scope of a prior exemption. See 

Exemption 10673 (allowing Lockheed Martin Corporation to operatewithout compliance with 91.151(a)). 

Operating the small UAS, without 20 minutes of reservefuel

does not engender the type of risks that Section 91.151(b) was meant to prevent given thesize and speed 

at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. 

Additionally, limiting flights to a 20 minute reserve would greatly reduce their utility. In the unlikely event 

that the UAS should run out of fuel, it would simplyland.

Given its weight and construction material, the risks are less than contemplated by the current 

regulation.

Wray Ward believes that an equivalent level of safety can be achieved by maintaining a reserve battery 

capacity in excess of the amount required for the UAS to return to a safe location, or the location in 

which it was launched (whichever is longer) at all times during operation. Operation will be terminated 

and the UAS landed prior to reaching thisthreshold.

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

regulation provides asfollows:

(a) . . . No person may operate a civil aircraft unless it has . . . 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 legibleto passengers or crew.
Wray Ward UASs have no cockpit or cabin to place or carry certification. As such, the exemption and any 

other certifying document from the FAA will be maintained with the ground station, and placed in a 

manner as to be clearly visible to any government official or person authorized in the controlled 

operations environment.

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAS will have immediate access to them. 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, and10700.

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

Section 91.405(a) requires 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. . . .” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a) (2) requires an 

annual inspection for the issuance of an airworthinesscertificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that 

has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of 

approval of the aircraft for return to service. Maintenance on Wray Ward aircraft will be accomplished by 

the owner/operator pursuant to the manuals, provided by Wray Ward, and the manufacturer. An 

equivalent level of safety will be achieved because the UAS is small in size, will operate only in restricted 

predetermined areas and is not a complex mechanical device. As provided in the attached Maintenance 

Manual and the Safety Checklist, which were reviewed as part of the application, the operator of the UAS 

will ensure that it is in working order prior to initiating flight, perform required maintenance, and keep a 

log of any maintenance that is performed. Moreover, Wray Ward PIC is familiar with the aircraft, has 

extensive experience with UAS maintenance, and has hundreds of hours of UAS airframe and power plant 

maintenance, and is best suited to maintain the aircraft in an airworthy condition and to ensure an 

equivalent level ofsafety.

The Maintenance Manual provides for a 30 day/100 hour and Annual inspection of the airframe and 

components similar in scope to inspections on manned aircraft. This will ensure an equivalent level of 

safety to the maintenance requirements in Part 91.

In addition, between such inspections, should a mechanical issue arise, the aircraft will either 

return to its launch site or immediately land automatically.