### July

22, 2015

U.S. Department of Transportation Docket Management System Room W12

- 140 1200 New Jersey Ave., SE Washington, DC 20590

Subject: Exemption request under Section 333 of the FAA Reform Act.

Dear Madam/Sir

,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 Z
, Water Egress Training Sy stems, LLC “W.E.T.S. LLC ” the operator of small Unmanned Aircraft Systems (UAS) seeks an exemption from the Federal Aviation Regulations (FARs) 14 CFR §§ 61 .23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent nec essary to allow Water Egress Training Sy stems LLC to operate a UAS to perform aerial data collection.

You'll find that my request is similar to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213. Furthermore, the UAS proposed by Water Egress Training Systems LLC have been approved in Grant Exemption Nos. 12051 and 11869

. The requested exemption would permit Water Egress Training Systems LLC to commercially operate UAS for the following purposes:

1. Airborne photography and videography 2. Emergency services support 3. Infrastr

ucture Aerial inspection. 4. Emergency Services training 5. UAS operations training 6. UAS capability demonstrations

Furthermore Water Egress Training Systems LLC will research, develop, and commercial operate UAS to conduct:

1. Agriculture and land surveying 2. News gathering and reporting
3 . Search and Resc u e 4 . Tall structure inspections (smokestacks, cell phone towers, wind turbines , and electrical transmission towers, etc. )

The primary purpose of Water Egress Training Systems LL C is to assist other industries by providing safe and efficient UAS support. The uses of UAS to perform airborne photography and videography as well as aerial inspections and surveying have two major benefits. First, small UAS are considerably

safer than u sing manned aircraft in the previously mentioned tasks, and also reduces the fall risk of workers. Second, UAS allows the completion of many tasks at a fraction of the cost using traditional methods.Granting this exemption is in the public interest becaus e it will dramatically enhance safety, lower

cost, and improve the efficiency of many industries. Water Egress Training Systems

, LLC will conduct these tasks by using the following small sized UAS: DJI S800 , DJI Inspire 1, and Walkera Tali H 500. The listed UAS are very small, all weighing less than 25 pounds, and have advanced navigation systems and automated control features that enhance safety

., A ll of the UAS there will be operated with this exemption have been previously approved in other Sect ion 333 exemption requests. The chief pilot and owner of Water Egress Training Systems LLC

, James Dillard Dinges , is an experienced Law Enforcement, Search/Rescue, Medevac , and Commercial/CFII Rotorcraft Pilot with over 5 000 hours. Certificate number 3116 184CFI

. I also have over 20 ye ars of experience building and fl yi ng radio controlled aircraft for hobby purposes utilizing the same style of controllers currently utilized to operate UAS. Water Egress Training Systems LLC PIC’s will all possess a minimum o f a FAA Commercial Pilot Rotorcraft License and a current Class II medical. All of Water Egress Training Systems LLC UAS operations will strictly adhere to FAA regulations with safety being the number one priority. All operations will be conducted via unai ded visual line of sight below 400 feet AGL and outside of any controlled airspace unless the controlling agency gives express permission. Water Egress Training Systems

, LLC respectfully submits a grant of exemption is in the public interest because the u se of small UAS in lieu of comparatively more expensive and hazardous rotary and fixed wing aircraft or other conventional manned methods of inspection greatly enhances efficiency and achieves a level of safety that is significantly higher. Furthermore, Water Egress Training Sy stems LLC will assist other industries in the safe application of UAS and promote the benefits of safe UAS operations. Approval of this exemption would enhance safety and fulfilled the Secretary of Transportation's responsibility unde r the section 333(c) of the FAA Modernization and Reform Act of 2012 to “establish requirements for the safe operation of such aircraft systems in the national airspace system.”

Name and address of the applicant: James D. Dinges Water Egress Training Sys tems LLC Email: dingesj@comcast.net Address: 24607 Choptank Blvd
Denton , M arylan d 21 629JUSTIFICTION UNDER SECTION 333

According to the FAA’s Public Guidance for Petitions for Exemption Filed under Section 333 “Section 333 grants the Secretary of Transportation the authority to determine if an unmanned aircraft sy stem, as a result of its size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of si ght does not create a hazard to users of the national airspace system or the public or pose a threat to national security”. Water Egress Training Systems, LLC submits that the small size and weight of the purposed UAS coupled with the fact that the operati ons will be conducted at low altitudes, slow airspeed, and within visual line of sight of the operator; our operations pose no potential hazard to the national airspace system, general public, or present any

threat to national security

.

**Airworthiness of the UAS**  The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 of the particular UAS. Water Egress Training Systems LLC purposes using: DJI S800, DJI Inspire 1, and Walkera Tali H500 . The proposed systems have the inherent advantage of being small in size and battery

- operated therefore do not
carry flammable fuel, th is significantly reduces any potential damage in the event of a mishap. Water Egress Training Sy stems, LLC will operate the proposed UAS below 400 feet AGL, at speeds less than that recommended by the manufacturer, and at all times less than 50 knots. Operations will only be conducted in during daylight hours, in uncontrolled airspace, unless specific permission is granted by the controlling agency , and within visual line of sight of the operator. All of the UAS that will be operated with this exemption have been previously approved in other Sec tion 333 exemption requests. (DJI S800, DJI Inspire 1, and Walkera Tali H500). An analy sis of these criteria demonstrates that the purposed UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed. **Operation of the UAS** Water Egress Training Systems, LLC will ensure that the exemption does not adversely affect safety and will operate at a level of safety at least equal to existing rules by operating with the following limitations and conditions: 1. All operations will strictly adher e to manufactures owners, operators and maintenance manual.
2. All operations will occur in class G airspace, unless specifically authorized by the controlling authority

. 3. All operations will be conducted during daylight hours.
4. All operations wi ll occur below 400 feet AGL.
5. All operations will be conducted and visual meteorological conditions with visibility of at least three nautical miles.
6. All operations will be conducted with at least 500 feet below clouds and with a horizontal
separation of at least 2000 feet.
7. At no time will the operator allow the aircraft within 500 feet of nonparticipating person, structure, or vehicle.
8. Preflight operations will be conducted in accordance with the manufacturer's recommendation and preflight checklist.9. All maintenance will be conducted in accordance with manufacturers recommendations and

documented in the aircraft logbook

**PIC Requirements** Water Egress Training Systems, LLC respectfully submits that the operator requirements should take into account the advanced internal navigation and autopilot systems of the proposed UAS. The DJI S800 and Walkera Tali H500 sy stems both have a high degree of control and are extremely stable even in high wind environments. Both companies incorporate various built

- in capabilities that limit the potential for operations outside of the aircraft capability. The pilot in command/charge (PIC) is solely responsible for the safe operation of the UAS. Water Egress Training Sy stems, LLC will only use PIC’s who possess a minimum of a FAA commercial pilot’s license and a class II medical. Water Egress Training Systems, LLC will also ensure that all PIC ’ s comply

with manufacturer training requirements, and have been deemed safe and proficient by the chief pilot.

**The regulations from which the exemption is requested are as follows:** 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.11 3(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(b); 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. 91.121; 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); 14 C.F.R. 91.409(a)(2 ); 14 C.F.R. 91.417(a) & (b).**14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)**

Subpart H, Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by Water Egress Training Systems, LLC , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Sec tion 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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, ope rational capability, and proximity to airports and populated areas of the particular UAS. Our small UAS's will be operated at low speed in a controlled environment, away from airports and any densely populated area. An analysis of these criteria demonstrat es that the UAS's operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness cer tificate without the restrictions and conditions proposed. The UAS to be operated is less than 25 lbs. fully loaded, carries neither a pilot nor passenger, carries no flammable liquid fuels, and operates exclusively within a secured area. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the PIC. If required, the FAA and general public will have advance notice of all operations. These safety

enhancements, which already apply to civil aircraft operated in connection with private property , industrial sites, railroad yards and the like provide a greater degree of safety to the public and property

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Su bpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security and the NAS posed by the UAS, due to its size, speed of operation, location of operation, lack flammable liquid fuels, and limited abilit y to carry an external load. **14 C.F.R. § 45.23(b): Marking of the Aircraft** This regulation requires certain experimental, provisionally certificated aircraft, or light

- sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light

- sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two

- inch lettering wil l be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.**14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in** 

**Command; Commercial Pilot Privileges and Limitations**

. Part 61.113 (a) states that no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensatio n or hire; nor may that person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b) states that a private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command o f an aircraft for compensation or hire. Water Egress Training Systems, LLC proposes that all operations require that the PIC must either hold a minimum of a Commercial Pilot Rotorcraft Certificate issued by the FAA. Since there are currently no means avai lable for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial UAS pilot's license, using pilots qualified under other categories and classes meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b). Given the unique nature of commercial UAS operations we do not believe that it rises to the level of requiring a commercial pilot to operate the aircraft under§ 61.133(a) although a thorough understanding and experience i n commercial aircraft operations enhances safe operation of UAS.

. **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 grante d allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the requirements published by the manufacture for maintenance and the use of safety che cklists prior to each flight, an equivalent level of safety will be provided. **14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.** The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only 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 of safety will be maintained 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 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. 91.103: Preflight Action** This re gulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking f light battery

requirements, checking takeoff and landing distances, and all other actions in the manufactures preflight checklist. These actions will provide an equivalent level of safety.**14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction**

These re gulations 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. By design, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control station that communicates with the aircraft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls. Th e equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by

the size and speed of the aircraft. **14 CFR § 91.119: Minimu m Safe Altitudes**  Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparse ly populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner. Compared to flight operations with aircraft weighting far more than the maximum 55 lbs. proposed herein and carrying flammable fuel, any risk associated with our operatio ns is far less than those presently

presented with helicopters and other conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conv entional aircraft. **14 C.F.R § 91.121 Altimeter Settings** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS does not have a barometric altimeter, but instead a GPS altitude read out, an exemption is needed. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch si te shown on the GPS altitude indicator before flight. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** This regulation prohibits an individual from beginning “a flight in an airplane 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.” An equivalent level of safety can be achieved by limiting flights to what the manufacturer recommends, or enough battery reserve to ensure that the UAS lands at the ground station with at least 25% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration**  This regulation requires: “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”. An equivalent level of safety w ill 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 Exempt ion 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) & (b): 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 inparagraph (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 air worthiness 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. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Water Egress Training Systems, LLC UAS. An equivalent level of safety, given the small size and unique characteristics of the aircraft, will be maintained by the ope rator accomplishing and documenting all required maintenance specified by the manufacturer.