September 8, 2015

Exemption No. 12792

Regulatory Docket No. FAA–2015–2223

Mr. Darrell Reid Wilson

Owner

Wilson Security Agency

1314 Briggstown Road

Lexington, NC 27292

Dear Mr. Wilson:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 23, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Wilson Security Agency (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a Hubsan H109S.
2

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Wilson Security Agency is granted an exemption from 

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 the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Wilson Security Agency is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Hubsan H109S

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
4

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
5

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
6

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
7

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Wilson Security Agency

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATION

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE

Hubsan H109S

UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)
TABLE OF CONTENTS

 page

Glossary of Abbreviations ....................................................... 3

 Summary ........................................................................... 4

 Introduction and Interests of Petitioner ....................................... 5

 Background ........................................................................ 6

 Basis for Petition .................................................................. 7

 Name and Address of Petitioner ................................................ 8

 Specific sections of 14 C.F.R from which Wilson Security Agency seeks

 Exemption .......................................................................... 9

 The extent of relief Wilson Security Agency seeks relief and the reason

 Wilson Security Agency seeks relief........................................... 10

 The reasons why granting Wilson Security Agency’s request would be

 In the public’s interest........................................................... 11

The reasons why granting the exemptions would not adversely affect

 Safety.............................................................................. 12

Summary that can be published in the Federal Register..................... 13

Any additional information, views, or arguments available to support

 Wilson Security Agency’s request..............................................

 Conclusion.........................................................................
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest ATC

Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

C.F.R. Code of Federal Regulations

COA Certificate of Authorization FAA

Federal Aviation Administration FAR

Federal Aviation Regulation GCS

Ground Control Station

GPS Global Positioning

System LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft

System VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing 4
SUMMARY

Wilson Security Agency seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b),

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to

operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 (FMRA). This exemption will permit Wilson Security Agency to operate an

Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial photographs and

video over certain public roadways and public areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The petitioner, Wilson Security Agency is a licensed N.C. Private Investigative Agency under

Chapter 74-c of the N.C. Administrative statues and conducts investigations whereby aerial

photographs are necessary. Crime scenes and property locations are a part of the routine

investigative process for Wilson Security Agency.

Primarily Wilson Security Agency is a Private Investigative Agency that provides extensive

investigations for N.C. Court appointed criminal cases and private litigation support for attorneys

and private clients.

BACKGROUND

Wilson Security Agency seeks an exemption to operate the Hubsan H109S UAS for compensation

within the NAS. The Hubsan H109S is comprised of a vertical takeoff and landing (VTOL)

Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The Hubsan H109S has

a maximum gross weight of approximately 6.6 pounds, while having a diameter of 31 inches, height

of 13 inches, and maximum speed of 23 mph. The Hubsan H109S UA is equipped with four

propellers, each being driven by an electric motor powered by Lithium Polymer battery. The Hubsan

H109S UA that will be operated by Wilson Security Agency will be registered in accordance with 49

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. BASIS FOR PETITION

Petitioner, Wilson Security Agency is pursuant to the provisions of the Federal Aviation Regulations

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333,

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate

the Hubsan H109S UAS in the National Airspace System (NAS), and for an exemption from the

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the size, weight, speed, and limited operating area associated with the unmanned

aircraft and its operation, Wilson Security Agency operation of the Hubsan H109S UAS meets the

conditions of Section 333 and therefore, will not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H. 6. Accordingly, Wilson Security Agency requests relief from

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set

forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Wilson Security Agency submits that the requested relief is proper since an equivalent level of safety

will be ensured. Wilson Security Agency will use its authorized technicians to perform maintenance,

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices

prescribed in the manufacturer’s maintenance manual. Furthermore, Wilson Security Agency will

document and maintain all maintenance records for the Hubsan H109S UAS. Relief from certain
requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in

command, is requested by Wilson Security Agency to the extent necessary to allow a Pilot in

Command (PIC) who has completed the Hubsan H109S UAS training and currency requirements, to

conduct the proposed UAS flight operations. Wilson Security Agency submits that the conditions

and limitations set forth herein will ensure the safety of the NAS, as well as the safety of persons or

property on the ground.

Wilson Security Agency seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the Hubsan H109S UAS does not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, Wilson Security Agency submits that it will ensure that the

Hubsan H109S UAS is in an airworthy condition, prior to every flight, by determining that the UAS

is in compliance with the Flight Manual, and that the aircraft is in a condition for safe flight.

Wilson Security Agency also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the Hubsan H109S UA will not have a typical barometric altimeter onboard.

However, altitude information of the Hubsan H109S UAS will be provided to the PIC via Global

Positioning System (GPS) equipment and a radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude

information, combined with Wilson Security Agency operation of the Hubsan H109S UA within

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, Wilson Security Agency seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Wilson Security Agency submits

that safety will not be affected by terminating flights of the battery powered Hubsan H109S UA

after 30 minutes of continuous flight, which would allow for five minutes of battery power

remaining.

In accordance with 14 C.F.R. § 11.81, Wilson Security Agency provides the following information

in support of its petition for exemption:

A. Name and Address Of The Petitioner.

The name and address of the Petitioner is:

Wilson Security Agency

1314 Briggstown Road

Lexington, North Carolina

27292

Contact; Darrell R Wilson

Wilson Security Agency

B. The Specific Sections of 14 C.F.R. From Which Wilson Security Agency Seeks Exemption.

1. Wilson Security Agency Seeks Exemption From The Requirements Of Section 61.113(a)

And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a)

and (b) prescribe the following, in relevant part: 8 No person who holds a private pilot certificate

may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for

compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(a) A private pilot may, for compensation or hire, act as PIC 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.
2. Wilson Security Agency Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Wilson Security Agency, Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that

aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of

the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the

current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or

an appropriate altimeter setting available before departure;

4. Wilson Security Agency Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the

following:

(b) No person may begin 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, to fly after that for at least 20 minutes.

5. Wilson Security Agency Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) 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[.]

6. Wilson Security Agency Seeks Exemption From The Requirements Of Section 91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or

alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. Wilson Security agency Seeks Exemption From The Requirements Of Sections 91.409(a)(1)

And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless,

within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for

return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of

this chapter.
8. Wilson Security Agency Seeks Exemption From The Requirements Of Sections 91.417(a)

And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or

operator shall keep the following records for the periods specified in paragraph (b) of this section: 10

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour,

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records

must include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to

be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required

by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for

each, the method of compliance, the AD or safety directive number and revision date. If the AD or

safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to

the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is

repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with

the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be

retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Wilson Security Agency Seeks And The Reason Wilson Security

Agency Seeks The Relief.

1. Extent of Relief Wilson Security Agency Seeks And The Reason Wilson Security Agency

Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command, is requested to the extent necessary to allow a PIC holding a private pilot certificate and a

third-class airman medical certificate, and who has completed the training and currency

requirements, to conduct the proposed UAS flight operations for compensation.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private

pilot may, for compensation or hire, act as PIC 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.

As set forth more fully below, Wilson Security Agency submits that an equivalent level of safety

will be maintained because no person who is not an employee of Wilson Security Agency will have

operation rights to fly or maintain the Hubsan H109S and fly the UAS in a manner consistent with

the operations specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and

structures.
Further, Wilson Security Agency submits that all flights of the Hubsan H109S conducted by the

PIC pursuant to the grant of this Petition - (1) will be incidental to Wilson Security Agency’s

business; and (2) will not carry passengers or property for compensation or hire. 12

2. Extent of Relief Wilson Security Agency Seeks And The Reason Wilson Security Agency

Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to

allow Wilson Security Agency. to determine that the Hubsan H109S UAS is in an airworthy

condition prior to every flight by ensuring that the UAS is in compliance with the Flight Manual,

and that the aircraft is in a condition for safe flight.

Wilson Security Agency seeks the requested relief because the Hubsan H109S UAS does not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Wilson

Security Agency will ensure that the UAS is in an airworthy condition based upon its compliance

with the operating documents (i.e., the Flight Manual) prior to every flight, and as stated in the

conditions and limitations below.

3. Extent of Relief Wilson Security Agency Seeks And The Reason Wilson Security Agency

Seeks Relief From Section 91.121.

Relief from Section 91.121 entitled Altimeter settings, may be required to allow flight operations of

the DIJ UAS, which utilizes GPS equipment and a radio communications telemetry data link to

downlink altitude information to the PIC from the UA to the GCS. As more fully set forth below,

safety will be maintained as a result of the DIJ Hubsan H109S UA’s altitude readout via GPS

equipment, and Wilson Security Agency’s operation of the Hubsan H109S UA within visual line of

sight, at or below 400 feet AGL.

4. Extent Of Relief Wilson Security Agency Seeks And The Reason Wilson Security Agency

Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to

the extent required to allow flights of the battery powered UA during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR) conditions, to continue for a total

duration of 30 minutes, which will ensure that the UA will land with five minutes of battery power

remaining. Wilson Security Agency seeks the requested relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered UA will severely constrain the

practicality of any aerial acquisition and research flight operations that Wilson Security Agency

proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Hubsan H109S UAS, the Flight

Manual, and Wilson Security Agency’s proposed operating limitations, ensure that Wilson Security

Agency will safely operate the battery powered UA during daylight hours in VFR conditions, for a total

flight duration of 30 minutes, landing with five minutes of battery power remaining.

5. Extent Of Relief Wilson Security Agency Seeks And The Reason Wilson Security Agency

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And

91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to

aircraft with an airworthiness certificate, Wilson Security Agency requests relief from these Sections

because the Hubsan H109S UAS does not require an airworthiness certificate. As set forth more

fully below, the Hubsan H109S UAS meets the conditions of Section 333 of the FMRA for

operation without an airworthiness certificate. Accordingly, Wilson Security Agency will use

authorized technicians to perform maintenance, alterations, or preventive maintenance on the UAS

using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual.

Furthermore, Wilson Security Agency will document and maintain all maintenance records for the

Hubsan H109S UAS.

D. The Reasons Why Granting Wilson Security Agency’s Request Would Be In The Public

Interest; That Is, How It Would Benefit The Public As A Whole.
Granting the present Petition will further the public interest by allowing Wilson Security Agency to

safely, efficiently, and economically perform aerial photographs and video over public areas of the

United States, commercially, in support of government entities, court ordered investigations, crime

scene documentation, scientific studies, and private investigations. Additionally, use of the Hubsan

H109S UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits

to the economy. Notably, the benefits of Wilson Security Agency’s proposed operation of the

Phantom2 Vision UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From The Aerial Acquisitioned Photographs and Video Performed.

Wilson Security Agency submits this Petition to commercially operate the Hubsan H109S UAS and

perform aerial acquisitions and research throughout areas of the United States, in support of

government entities, private investigations, court appointed investigations, evidentiary video and

photographs of crime scenes, and crime scene direction mapping. The Hubsan H109S UAS will

provide safe, efficient, and economical aerial acquisition and research operations to further each of

these fields, all of which are critical to the well-being of the general public.

The specific operations that Wilson Security Agency will perform with the Hubsan H109S UAS

demonstrate how the requested exemption will directly benefit the above-referenced industries and

the public. In court appointed investigations, the aerial acquisition performed by the Hubsan H109S

will create critical aerial evidence of a wider area than could be done on the ground. In private

investigations the Hubsan H109S UAS will be used to aid in property inspections, and crime scene

evidence. The Hubsan H109S UAS will also further the investigative process since large and vast

amounts of photographs can be condensed into one video segment for court preparation and court

viewing.

2. The Public Will Benefit From Decreased Congestion Of The NAS.

The Hubsan H109S UA is battery powered and serves as a safe, efficient, and economical

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use

Of a Hubsan H109S UAS would reduce the amount of manned aircraft in the NAS, reduce noise and

air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around

airports caused by arriving and departing aircraft will be reduced. The Hubsan H109S UA does not

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial

survey missions would result in fewer aircraft that must be handled by air traffic control during the

ground, takeoff, departure, arrival, and landing phases of flight operations.

3. The Public Will Benefit From The Safety And Efficiency Of The Hubsan H109S UAS.

Conducting aerial acquisitions with the Hubsan H109S UAS, instead of manned aircraft, will greatly

benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial survey flight operations. By using battery power and electric motors, the Hubsan

H109S UAS produces no air pollution, and is the most viable environmentally conscious alternative

to the cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized for

aerial acquisitions, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The

Hubsan H109S UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise

pollution, as the UA is propelled by battery powered electric motors, rather than an internal

combustion engine.

By using the Hubsan H109S UAS to perform aerial acquisitions, the substantial risk to life and property

in the air and on the ground, which is usually associated with traditional manned aircraft flight

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew

members located onboard the aircraft, the Hubsan H109S UA (weighing approximately 6.6 pounds at its

maximum gross weight with a diameter of 31 inches, and with no fuel on board), has less physical

potential for collateral damage to life and property on the ground, and in the air, compared to the manned

aircraft that typically conduct aerial acquisitions (weighing approximately 6,500 pounds with a
wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4. Performing Aerial Acquisition Operations With The Hubsan H109S UAS Will Benefit The

Economy.

In addition to being safe and efficient, the Hubsan H109S UAS is also an economical alternative to

using manned aircraft to conduct aerial acquisitions. As such, operation of the Hubsan H109S UAS

will allow United States based companies, like Wilson Security Agency, to remain competitive and

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S.

owned and operated companies must adopt new and alternative technology in order to remain

competitive. Operating the battery powered Hubsan H109S UAS is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such

flexibility without the high operational cost of a traditional manned aircraft.

By operating the Hubsan H109S UAS, companies such as Wilson Security Agency can remain

competitive and profitable, and therefore, provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial

performance of U.S. companies, through commercial use of the Hubsan H109S UAS, provides a

stable workforce that increases consumer spending; improves local, state, and federal tax revenues;

and allows companies to invest in research and development in order to remain competitive both in

the United States and abroad.

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades,

Wilson Security Agency’s proposed operation of the Hubsan H109S UAS will not implicate any

privacy issues. Specifically, the Hubsan H109S UAS will be operated only in rural areas, and in

accordance with all Federal Aviation Regulations, including the minimum altitude requirements of

14 C.F.R. § 91.119. Most significantly, the Hubsan H109S UA will not be operated closer than

500 feet to any person, vessel, vehicle, or structure, which is not directly involved in the operation.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided

By The Rule From Which Wilson Security Agency Seeks Exemption.

1. Reasons Why The Hubsan H109S UAS Meets The Conditions Of The FAA

Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned

aircraft and its operation, Wilson Security Agency’s operation of the Hubsan H109S UAS meets the

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with

14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the

following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days

after the date of enactment of this Act, the Secretary of Transportation shall determine if certain

unmanned aircraft systems may operate safely in the national airspace system before completion of

the plan and rulemaking required by section 332 of this Act or the guidance required by section 334

of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a),

the Secretary shall determine, at a minimum-- 18

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed,

operational capability, proximity to airports and populated areas, and operation within visual line

of sight do not create a hazard to users of the national airspace system or the public or pose a threat

to national security; and
(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain

unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall

establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Wilson Security Agency submits that the Hubsan H109S UAS can

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics

of the Hubsan H109S UAS; (b) the pilot certification requirement; and (c) the specific operating

limitations.

a. The Specifications Of The Hubsan H109S UAS Demonstrate Its Safe Characteristics.

The Hubsan H109S UAS does not create a hazard to users of the NAS or the public, or otherwise

pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The Hubsan H109S UAS.

The technical specifications of the Hubsan H109S UAS are set forth in Appendix C of the “Flight

Manual For The Hubsan H109S Unmanned Aircraft System (UAS),” attached hereto as Exhibit A.

Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R.

§ 11.35(b)1. 1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b),

are not to be included in the Federal Docket Management System (FDMS).

ii. The Hubsan H109S UAS Autonomous Flight And Navigation Modes Enable The UAS

To Remain Within A Defined Operational Area.

A complete description of the autonomous modes and methods of navigation of the Hubsan H109S

UAS is provided at pages 2, 4, 5, and 10 of the “Flight Manual For The Hubsan H109S Unmanned

Aircraft System (UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information

and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iii. The Hubsan H109S UAS Is Designed For Automatic Return To Launch In The Event Of

Loss Of The Control Link Or Navigation.

A complete description of the Hubsan H109S UAS’s automatic return to launch function in the

event of a break in communication or loss of telemetry data is set forth on pages 2, 9, and 10 of the

“Flight Manual For The Hubsan H109S Unmanned Aircraft System (UAS),” attached hereto as

Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to

14 C.F.R. § 11.35(b). b. Flight Operations Of The Hubsan H109S UAS Are Limited To The

Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Wilson Security Agency will only utilize certificated pilots who possess a valid airman medical

certificate to act as a pilot in command (PIC) of the Hubsan H109S UAS. Additionally, a safety

observer will assist all pilots. The PIC must complete the Hubsan H109S UAS training and

qualification, as set forth in the “Flight Manual For The Hubsan H109S Unmanned Aircraft System

(UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in

a separate file pursuant to 14 C.F.R. § 11.35(b). 20

c. Flights Of The Hubsan H109S UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, Wilson Security Agency proposes to commercially operate the Hubsan

H109S UAS for the special purpose of conducting aerial acquisitions over public areas of United

States, pursuant to the following specific operating limitations:

1) Operations authorized by this grant of exemption are limited to the following aircraft described in

the operator’s manual which is a quad rotor aircraft weighing less than 10 pounds: Hubsan H109S

Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or

a petition to amend this grant.

2) The UA may not be flown at an indicated airspeed exceeding 25 MPH & the UA must be operated
at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures

specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

3) The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires

the PIC to be able to use human vision unaided by any device other than corrective lenses, as

specified on the PIC’s FAA-issued airman medical certificate.

4) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS

requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be able

to communicate verbally at all times. The PIC must be designated before the flight and cannot

transfer his or her designation for the duration of the flight.

5) The operator’s manual and this grant of exemption must be maintained and made available to the

Administrator upon request. If a discrepancy exists between the conditions and limitations in this

exemption and the procedures outlined in the operator’s manual, the conditions and limitations herein

take precedence and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s responsibility to track

such revisions and present updated and revised documents to the Administrator upon request. The

operator must also present updated and revised documents if it petitions for extension or

amendment. If the operator determines that any update or revision would affect the basis upon which

the FAA granted this exemption, then the operator must petition for amendment to their exemption.

The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates

or revisions to the operator’s manual.

6) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited

from operating until the necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the preflight inspection.

All maintenance and alterations must be properly documented in the aircraft records.

7) Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristics (e.g. replacement of a flight critical component), must undergo a functional test flight

in accordance with the operator’s manual. The PIC who conducts the functional test flight must make

an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional

test flight and aircraft record entry must be added to the operator’s manual.

8) The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or

equipment, not covered in the relevant preflight inspection sections of the operator’s manual.

9) The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements, with particular attention to flight critical

components that may not be addressed in the manufacturer’s manuals.

10) Wilson Security Agency must carry out their maintenance, inspections, and record keeping

requirements in accordance with the operator’s manual. Maintenance, inspection, and alterations

must be noted in the aircraft logbook, including total flight hours, description of work accomplished,

and the signature of the authorized UAS technician or PIC returning the UAS to service.

11) Wilson Security Agency UAS technicians must receive and document training referenced in

the operator’s manual.

12) Each UAS operated under this exemption must comply with all manufacturer System and Safety

Bulletins.

13) Wilson Security Agency maintenance personnel must make a record entry in the UAS logbook

or equivalent document of the corrective action taken against discrepancies discovered between

inspections.

15) The PIC must possess at least a private pilot certificate and a third-class airman medical

certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56

in an aircraft in which the PIC is rated on his or her pilot certificate.
16) The operator may not permit any PIC to operate unless that PIC has demonstrated, through

the training and currency requirements set forth in the operator’s manual, that the PIC is able to

safely operate the UAS in a manner consistent with how the UAS will be operated under this

exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures. 22

17) UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations

must be conducted under visual meteorological conditions (VMC). Flights under special visual flight

rules (SVFR) are not authorized.

18) The UA may not operate within 5 nautical miles of the airport reference point as denoted on a

current FAA-published aeronautical chart. The UA may not operate within 3 nautical miles from any

city or densely populated area.

19) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a

cloud or when visibility is less than 3 statute miles from the PIC.

20) If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined

location within the private or controlled-access property and land, or be recovered in accordance with

the operator’s manual.

21) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance

with the operator’s manual.

22) The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast

weather conditions and assuming normal cruising speed) there is enough power to fly to the first

point of intended landing prior to utilizing battery reserve power.

23) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under this grant of exemption. This COA

will also require the operator to request issuance of a Notice to Airman (NOTAM) not more than

72 hours in advance, but not less than 48 hours prior to the operation.

24) All aircraft operated in accordance with this exemption must be identified by serial number,

registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) markings

in accordance with 14 C.F.R. Part 45, Subpart C. Markings must be as large as practicable.

25) Before conducting operations, the radio frequency spectrum used for operation and control of

the UA must comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements.

26) The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the

Ground Control Station of the UAS any time the aircraft is operating. These documents must be

made available to the Administrator or any law enforcement official upon request.

27) The UA must remain clear and yield the right of way to all other manned aviation operations and

activities at all times.

28) The UAS may not be operated by the PIC from any moving device or vehicle. 23

29) The UA may not be operated over congested or densely populated areas. These areas include but

are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional

Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may

not reflect pertinent local information. Ultimately, it

is the PIC’s responsibility to maintain the minimum safe altitudes required by § 91.119.

30) Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons

other than the PIC or VO), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the

event of an accident. The operator must ensure that nonparticipating persons remain under such
protection. If a situation arises where nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately and/or;

b. the aircraft is operated near vessels, vehicles or structures where the land owner/controller has

granted permission and the PIC has made a safety assessment of the risk of operating closer to those

objects and;

c. operations near the PIC or VO do not present an undue hazard to the PIC or VO, per § 91.119(a). 31)

All operations shall be conducted over private or controlled-access property with permission from the

land owner/controller or authorized representative. Permission from land owner/controller or authorized

representative will be obtained prior to the beginning of every flight.

32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries

of the operational area as defined by the applicable COA must be reported to the FAA’s UAS

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would

Not Adversely Affect Safety.

Wilson Security Agency submits that the equivalent level of safety established by Section 61.113(a)

and (b) will be maintained because no PIC will be allowed to operate the Hubsan H109S UAS

unless that PIC has demonstrated, through the Hubsan H109S UAS training and currency

requirements, that the PIC is able to safely operate the Hubsan H109S UAS in a manner consistent

with this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures. 24

Considering Wilson Security Agency’s proposed area of operations, and the operating limitations

set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to

safely operate the Hubsan H109S UAS, Wilson Security Agency submits that the additional

manned airmanship experience of a commercially certificated pilot would not correlate to the

airmanship skills necessary for Wilson Security Agency’s specific proposed flight operations.

The Hubsan H109S UAS was the subject of a previous Grant of Exemption from Section 61.113(a)

and (b). In Exemption No. 11109, the FAA granted relief from Section 61.113(a) and (b) concerning

the operation of the Hubsan H109S UAS by a PIC holding a private pilot certificate and third class

airman medical certificate, based upon the following analysis:

The FAA has analyzed Clayco’s proposed operation and has determined that it does not differ

significantly from the situation described in Grant of Exemption No. 11062 (Astraeus Aerial). Clayco

plans to operate over private property with controlled access in the NAS. Given: 1) the similar nature

of Clayco’s proposed operating environment to that of Astraeus’, 2) the parallel nature of private

pilot aeronautical knowledge requirements to those of commercial requirements [ref: Exemption No.

11062], and 3) the airmanship skills necessary to operate the UAS, the FAA finds that the additional

manned airmanship experience of a commercially certificated pilot would not correlate to the

airmanship skills necessary for Clayco’s specific proposed operations. Therefore, the FAA finds that

a PIC holding a private pilot certificate and a third-class airman medical certificate is appropriate for

the proposed operations.

With regard to the airmanship skills necessary to operate the UAS (item #3 stated above), Clayco has

proposed a 100 hour training program and 6 month currency requirements. The conditions and

limitations below stipulate that Clayco may not permit any PIC to operate unless that PIC has

demonstrated through Clayco’s training and currency requirements that the PIC is able to safely

operate the UAS in a manner consistent with how the UAS will be operated under this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.
See Exemption No. 11109 at 12.

Additionally, the FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS,

in circumstances similar, in all material respects, to those presented herein (e.g. 25

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138).

As in Exemption No. 11109, Wilson Security Agency will not allow any PIC to operate the

Hubsan H109S UAS unless that PIC has demonstrated through the Hubsan H109S UAS training

and currency requirements, that the PIC is able to safely operate the Hubsan H109S UAS in a

manner consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

A complete description of the Hubsan H109S UAS Training and Qualification requirements is set

forth at page 5 of the “Flight Manual For The Hubsan H109S h Unmanned Aircraft System (UAS),”

attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a

separate file pursuant to 14 C.F.R. § 11.35(b).

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, Wilson Security Agency will ensure that the Hubsan H109S UAS is in an

airworthy condition based upon the Hubsan H109S UAS’s compliance with its operating

documents (i.e., the Hubsan H109S Flight Manual), and as stated in the conditions and

limitations herein.

The Hubsan H109S UAS was the subject of a previous Grant of Exemption from Section 91.7(a)

(Exemption No. 11109). Additionally, the FAA has previously granted relief from Section 91.7(a)

specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138). 26

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude

information of the Hubsan H109S UA will be provided to the PIC via GPS equipment and a radio

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring

of the flight path. This altitude information, combined with Wilson Security Agency’s operation of

the Hubsan H109S UA within visual line of sight, at or below 400 feet AGL, will ensure a level of

safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment

installed onboard the aircraft. Prior to each flight, a zero altitude initiation point will be established

and confirmed for accuracy by the UAS PIC. The Hubsan H109S UAS was the subject of a previous

Grant of Exemption from Section 91.121 (Exemption No. 11109). Additionally, the FAA has

previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065,

11066, 11067, 11080, 11109, 11112, 11136, 11138).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the Hubsan H109S UAS; (2) the

limitations on the proposed flight operations; and (3) the location of the proposed flight operations.

Accordingly, Wilson Security Agency will ensure that it can safely operate the battery powered

Hubsan H109S UA during daylight hours, in VFR conditions, for a total flight duration of no more

than 30 minutes, resulting in a landing with five minutes of battery power remaining. In a previous
Petition for Exemption, in which an operator was utilizing a Hubsan H109S UAS identical in all

material respects to the Hubsan H109S UAS Wilson Security Agency proposes to use, the FAA

granted an exemption from the requirements of Section 91.151, stating as follows:

In the event that the UAS should run out of power, it would simply land within the access controlled

operating area. Given its weight and construction material, the risks are less than contemplated by

the current regulation. Prior relief has been granted for manned aircraft to operate at less than the

minimums prescribed in § 91.151 (a), including Exemption Nos. 2689, 5745, and 10650. In addition,

similar UAS-specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for

daytime, Visual Flight Rules (VFR) conditions. The Hubsan H109S provides a battery failsafe that

commands the UA’s return to the launch point when critical minimum voltage is reached. The UAS

batteries provide approximately 35 minutes of powered flight. The FAA agrees with Clayco’s

proposal to limit UAS flights to not more than 30 minutes, or enough battery reserve to ensure that

the UAS lands at the ground station with at least 20% battery reserve power, whichever happens

first. Given the limitations on its proposed operations and the location of those proposed operations,

a reduced minimum power reserve for flight in daylight VFR conditions is reasonable.

See Exemption No. 11109 at 15.

Here, as in Exemption No. 11109, the technical specifications of the Hubsan H109S UAS; the

limitations on the proposed flight operations; and the location of the proposed operations, will ensure

that Wilson Security Agency may safely operate the battery powered Hubsan H109S UA during

daylight hours in VFR conditions for a total duration of not more than 30 minutes, and landing with

five minutes of battery power remaining.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that

safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered. Relief has been granted for manned aircraft to operate at less than the

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

288811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11110, 11136, 11138).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Wilson Security Agency submits that the equivalent level of safety with

regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Wilson Security

Agency will use its trained technicians to perform maintenance, alterations, or preventive

maintenance on the unmanned aircraft system using the methods, techniques, and practices

prescribed in the manufacturer’s maintenance manual. Furthermore, Wilson Security Agency will

document and maintain all maintenance records for the Hubsan H109S UAS.

Since the Hubsan H109S UAS will be inspected as prescribed by the manufacturer’s

maintenance manual, Wilson Security Agency will maintain the equivalent level of safety

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The Flight Manual For The

Hubsan H109S UAS sets forth airworthiness requirements for the UA, including preflight and

post flight inspections, as well as scheduled maintenance in four categories: daily, weekly,

monthly, and yearly.

Likewise, the exemption sought will not adversely affect safety because Wilson Security Agency

will perform maintenance, alterations or preventive maintenance on the UAS using the methods,

techniques, and practices prescribed by the manufacturer’s maintenance manual. The Flight Manual

For The Hubsan H109S UAS details procedures for each component of the UA, including the

components of the propulsion system, avionics system, and payload system.
A complete description of the Hubsan H109S UAS airworthiness and maintenance requirements is

set forth at page 6 of the “Flight Manual For The Hubsan H109S Unmanned Aircraft 29 System

(UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held

in a separate file pursuant to 14 C.F.R. § 11.35(b).

Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the Hubsan H109S UAS

will be performed by Wilson Security Agency trained technicians, who will document and

maintain maintenance records for the Hubsan H109S UAS.

Significantly, previous exemptions granted by the FAA concerning the Hubsan H109S UAS and

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety

is not adversely affected when the technical characteristics and operating limitations of the UAS

are considered. In Exemption No. 11109, the FAA stated the following concerning the Hubsan

H109S UAS and the Hubsan H109S Flight Manual:

Regarding the petitioner’s requested relief from 14 C.F.R 91.405 (a) Maintenance required, 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2) Inspections, and 91.417(a) and (b) Maintenance records, the FAA has determined that

relief from § 91.409(a)(1) is also necessary because it is an alternate inspection requirement of §

91.409(a)(2). The FAA has carefully evaluated the petitioner’s request and determined that cause for

granting the exemption is warranted. The FAA notes that the petitioner’s Hubsan H109S UAS Flight

Manual contain daily, preflight, monthly and yearly checks for the UAS. The FAA finds that

adherence to the Hubsan H109S Flight Manual, as required by the conditions and limitations below,

is sufficient to ensure that safety is not adversely affected. In accordance with the petitioner’s UAS

maintenance, inspection, and recordkeeping requirements, the FAA finds that exemption from 14

C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted subject to

the conditions and limitations below. In consideration of Wilson Security Agency’s proposed operating limitations, the most recent

Hubsan H109S Flight Manual, and the technical aspects of the Hubsan H109S UAS, Wilson

Security Agency submits that safety will not be adversely affected by granting exemption from 14

C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA

has previously granted relief specific to UAS in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and

14 C.F.R. § 21.16 entitled Special Conditions, Wilson Security Agency requests that the FAA

prescribe special conditions for the intended operation of the Hubsan H109S UAS, which contain

such safety standards that the Administrator finds necessary to establish a level of safety equivalent

to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special

conditions will permit safe operation of the UAS for the limited purpose of conducting aerial

acquisitions over certain rural areas of the United States. FMRA Section 333 sets forth the

requirements for considering whether a UAS will create a hazard to users of the NAS or the public,

or otherwise pose a threat to national security; and further, provides the authority for such UAS to

operate without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the Hubsan H109S UAS, since the airworthiness regulations of 14 C.F.R.

Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design

features of the aircraft. Section 21.16, entitled Special Conditions, states the following:
If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual

design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and

amendments thereto for the product. The special conditions are issued in accordance with Part 11 of

this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA

finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. 31

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe

special conditions for Wilson Security Agency’s intended operation of the Hubsan H109S UAS,

which contain such safety standards that the Administrator finds necessary to establish a level of

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Wilson Security Agency Seeks Exemption:

Wilson Security Agency seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b),

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Wilson Security Agency Seeks:

This exemption will permit Wilson Security Agency to commercially operate an Unmanned Aircraft

System (UAS) for the purpose of conducting aerial acquisitions and research over certain public

areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Wilson Security

Agency’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section

333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, Wilson Security Agency’s request for exemption may be granted pursuant to

the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard

to users of the NAS or the public, or otherwise pose a threat to national security; and further,

provides the authority for such UAS to operate without airworthiness certification. As discussed in

detail above, Wilson Security Agency will operate the Hubsan H109S UAS safely in the NAS,

without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national

security.

CONCLUSION

As set forth herein, Wilson Security Agency seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the Hubsan H109S UAS commercially, without an airworthiness certificate, for the

limited purpose of conducting aerial acquisitions over certain public areas of the United States. By

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the

FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by

allowing Wilson Security Agency to safely, efficiently, and economically operate the Hubsan

H109S UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and

Reform Act of 2012, Section 333, Wilson Security Agency respectfully requests that the Administrator

grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b),

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and

permit Wilson Security Agency to operate the Hubsan H109S UAS commercially for the purpose of

conducting aerial acquisitions, investigations, crime scene video rendering and research over certain
public areas of the United States.
Dated: May 23rd, 2015

Submitted on behalf of Wilson Security Agency

Darrell Reid Wilson

Owner Investigator

Wilson Security Agency

1314 Briggstown Road

Lexington, North Carolina 27292

Email

wilsonsecurityagency@gmail.com