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 Systems, 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 necessary to allow Water 

Egress Training Systems 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. Infrastructure 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 Rescue

4. Tall structure inspections (smokestacks, cell phone towers, wind turbines, and electrical 

transmission towers, etc.) 

The primary purpose of Water Egress Training Systems LLC 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 using 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 because it will dramatically enhance safety, lowercost, 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 H500. The listed UAS are very small, all weighing 

less than 25 pounds, and have advanced navigation systems and automated control features that 

enhance safety., All of the UAS there will be operated with this exemption have been previously 

approved in other Section 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 5000 hours. Certificate number 3116184CFI. I also have over 20 years of experience building 

and flying 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 of 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 unaided 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 use 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 Systems 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 under 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 Systems LLC

Email: dingesj@comcast.net

Address: 24607 Choptank Blvd

Denton, Maryland 21629
JUSTIFICTION 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 system, as a result of its size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight 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 operations 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, this significantly reduces any potential damage in the event of a mishap. Water 

Egress Training Systems, 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 

Section 333 exemption requests. (DJI S800, DJI Inspire 1, and Walkera Tali H500). An analysis 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 adhere 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 will 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 systems 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 Systems, 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. 61.113(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 

Section 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, operational 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 demonstrates 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 certificate 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, Subpart 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 ability 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 will 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 compensation 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 of 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 available 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 in 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 granted 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 

checklists 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 regulation 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 flight 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 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. 

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. The 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: Minimum 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 sparsely 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 operations 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 conventional 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 site 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 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, 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 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 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 operator 

accomplishing and documenting all required maintenance specified by the manufacturer.