To: US Department of Transportation

-- FAA

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the 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 System s (“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 guideli nes 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 leve l (“AGL”) . Any UAS in operation by Wray Ward will not exceed 55 lbs. weight. At all times Wray Ward will, maintain safe operations, ensure current requirements are met andconsistently assure an open line of communication with the FAA. Wray Ward will maintain the highest of

standards in all UASs operations.

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 capabiliti es 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 multiroto r UAS. Applicant will understand that approval of this exemption request is in accordance with the highlighted specificities noted in this paragraph.**APPENDIX A** 

EXEMPTION REQUEST INFORMATION SUPPLEMENT PERTAINING TO APPLICABLE RULES SUBJECT TO EXEMPTIONSummary:

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 U ASs:

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 procedu ral requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of 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 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.

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

-of

magnitude larger and would be carrying passengers, cargo, and flammable fuel.

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 SafetyChecklist), 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 the Aircraft. 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 M anual, 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, and 10700.

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 a predetermined height set by the PIC during preflight inspections. This, in addition to all flights being conducted by VLOS, assures altitude restriction s 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 cruisin g altitudes an equivalent level of safety will be achieved.

14 C.F.R. § 91.109(a) & 91.319(a) (1): Flight Instruction These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instru ction 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 the flightcharacteristics 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). The equivalent 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 ow ner 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 th an 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 sepa ration 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 VFR Conditions This regulation pro hibits 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 proposed operations, 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 operate without compliance with 91.151(a)). Operating the small UAS, without 20 minutes of reserve fuel does not engender the type of risks that Section 91.151(b) was meant to prevent given the size 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 simply land. 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 launc hed (whichever is longer) at all times during operation. Operation will be terminated and the UAS landed prior to reaching this threshold.

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

### (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 legible to 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 numerou s exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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 airworthiness certificate.

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 accom plished 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 maintenan ce, 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 main tain the aircraft in an airworthy condition and to ensure an equivalent level of safety.
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.