2475 Memphis Street

Hernando

, Mississi pp

i 3863 2 Phone: 66 2

-42 9

-2100 ♦ Fax: 6 6

2

-42 9

-260 0



### To: U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Applicant: Waggoner Engineering, Inc. Kasey Mauney 2475 Memphis Street Hernando, MS 38632

Date: 1-06-2016

Re: Exemption Request Purs uant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C § 44701(f), and Part II of the Federal Aviation Regulations

Waggoner Engineering, Inc. is an Engineering Consulting Fi rm founded in Mississippi on or about January 1, 1976.

Pursuant to Section 333 of the FMRA, Wa ggoner Engineering, Inc. hereby requests a determination by the Secretary of Transportation authorizin g commercial operations of UAS for the purposes of aerial photogr aphy & videography, mapping, power line surveillance, agricultural crop surveillanc e, aerial inspections, data collection,
commercial videos and other work relate d to aerial photography in the NAS. Waggoner Engineering, Inc. does not intend to use for closed set filming. Flight operations will utilize the off the shelf DJI family of un manned aircraft. Conduct of UA operations will be with respect to FMRA Section 333(c) and the UAS “Blanket COA”.Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. The attached documentation includes detailed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety to existing regulations. Authorizing Waggoner Engineering, Inc. to conduct commercial UAS operations will result in less disruptive, safer, and more cost effective solutions than manned aviation equivalents due to the low altitude e nvironment, given the size, speed and inherent risk of traditional commercial helicopter operations. Waggoner Engineering, Inc. will conduct the commercial UAS operation in a manner that will meet, and in many cases exceed, the current level of safety of commercial helicopter operations. UA that are under 10 lbs., have a low noise signature, and carry no volatile fuel, which will limit collateral damage in the event of catastrophic failure. The low expense of operation compared to cost prohibitive manned aviation alternatives allow a greater economic benefit to businesses. For these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology used for these commercial purposes benefit the public interest in the following ways:



### • Reduces the collateral damage risks to life and property associated with low altitude helicopter operations in undesirable areas.



### • Increased economic wellbeing to local businesses via cost reductions.



### • Enabling aerial business solutions to be available to a larger market.

### Table of Contents

I. Exemptions Requested

II. Commercial Operation/Operator

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot-in-Command (PIC)

V. Public Interest

VI. Summary

VII. Unmanned Aircraft Information

I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), Waggoner Engineering, Inc. requests exemption from the following regulations:



### • 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates



### o Establishes: The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1)

Given the small size of the UA and the safeguards that will be taken as outline below, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.”



### • 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements



### o When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

Waggoner Engineering, Inc. will ensure compliance with § 45.29(f) to meet the intent of the regulation by displaying the registration number in the largest practicable lettering.



### • 14 C.F.R. 61.113 (a)(b) a nd 61.133(a)(1)(ii) and 61.101 – Recreational, Private and Commercial Pilot Privilege and Limitations



### o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a privat e 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 of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment.o 14 C.F.R. § 61.133 : (a) Privileges – (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft – (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.



### o 14 C.F.R. § 61.101 : (a) A person who holds a recreational pilot certificate may not act as pilot in command of an aircraft:



###  For compensation or hire 

### :

 In furthermore of a business,

UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot certificate of any category or class and a valid driver’s license.



### • 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness



### o No person may operate a civil aircraft unless it is in an airworthy condition.

The PIC will conduct daily pre and post flight inspections in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC willadhere to § 91.7(b) and abort air operations immediately upon identification of an inflight emergency or other unsafe condition. By complying with procedures outlined by the manufacturer, an equivalent level of safety will be achieved.



### • 14 C.F.R. 91.9(b) Civil aircraft flig ht manual, marking, and placard requirements



### o (b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any
combination thereof.

By keeping all operating documents, manuals, authorizations and exemptions in a binder co-located with the GCS, Waggoner Engineering, Inc. meet the intent of the regulations and therefore achieve an equivalent level of safety.



### • 14 C.F.R. 91.109(a) – Flight Instruction



### o 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.

The majority of UAS by design are developed with single operational control through the use of pre-determined GPS enabled waypoints programmed before or during flight in addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency. An equal level of safety will be achieved by conducting all training in sterile environments. Training sessions will be accomplished separately from flights conducted for compensation or hire.



### • 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes



### o Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (b ) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feetof the aircraft. (c) Over other than congested areas. 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. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the op eration is conducted without hazard to persons or property on the surface— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA.

Commercial UAS operations will be conducte d at or below the maximum altitude authorized by COA. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safety than exists with current manned aviation operations.



### • 14 C.F.R. 91.121 – Altimeter Settings 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. UAS are equipped with Global Positioning System (GPS), which provide altitude and geolocation data to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined with fail-safes and a visual observer the operation will meet an equivalent level of safety.



### • 14 C.F.R. 91.151(a) – Fuel Requirements for Flight in VFR Conditions



### o No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather c onditions) 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;

This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several hours or greater; therefore, with the majority of UAS which have flight times of only an hour or less, this regulation would effectively deny the ability of the air vehicle to operate.

The PIC will achieve an equivalent level of safety by complying with all manufacturer guidelines and the DJI low battery failsafe system.



### • 14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and

Use



### o All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircra ft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C-112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100-foot increments. This requirement applies— (1) All aircraft. In Class A, Class B, and Class C airspace areas;(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet
MSL;



### (3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and



### (4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and



### (5) All aircraft except any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon, or glider



### (i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and 

### (ii) In the airspace from the surface to 10,000 feet MSL within a 10- nautical-mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport.

The UAS to be used in the proposed operation does not come equipped with a transponder. No transponder exists for the UAS, which can be installed. The petitioner requests relief from the exemption to the extent required to operate in areas in which a transponder is required according the applicable regulations in this part.

The PIC will achieve an equivalent level of safety by complying with all provisions of the COA under which operations are to be conducted. The PIC will comply with the provisions of 91.215(d)(3). The UAS flown under this exemption will comply with all altitude limits and airport standoff distances required by COA, which mitigate hazards to aircraft controlled by the ATO in congested airspace.



### • 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance Inspections



### o 91.405(a) States : 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

### o 91.407(a)(1) States : (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

o 91.409(a)(2) States: (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—(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance records.



### o 91.417(a) & (b) States: (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: (paragraphs 1 (i – iii), 2 (i – vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1 – 3)

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer’s guidance as stated in the operations manual. If maintenance is required, the PIC will conduct a dedicated test flight will be conducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations will be

documented and maintained in a record. Th ese actions will meet the intent of the regulations from which exemption is being requested and lead to an equivalent level of safety.



### II. Commercial Operator/Operation

Any UA flown under this exemption will be controlled by a certificated PIC. The PIC will hold, at a minimum, a recreational or sport pilot certificate.

For each flight, Waggoner Engineering, Inc.:

• Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer property or authorized access areas.

• Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

• Will operate in those areas only with the consent of the landowner or designated representative.

• Will identify potential obstructions or other hazards to safe operation.

• Will clear the area of personnel or bystanders that are non-essential to the operation, maintaining at a minimum, 500 feet away from non-participating persons.

• Will conduct a preflight safety briefing to Visual Observer (VO) and participating

persons.

• Will at all times yield to manned air traffic.

• Will operate within VLOS of both PIC and VO during daylight hours only.

• Will maintain voice communications with VO and participating persons.

• Will operate under visual flight rules, in visual meteorological conditions, for the airspace in which the flight is conducted.

• Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined by the installed GPS.

• Will keep operating documents, manuals, authorizations and exemptions in a binder

colocated with the GCS.• Will immediately terminate flight, in the safest manner possible, when safety to persons or property become compromised.

• Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief is needed from Section 91.119 (c). By following these operating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought.



### III. Unmanned Aircraft System

Waggoner Engineering, Inc. seeks exemption to operate DJI UAS. Other UAS types may be requested in future amendments. The DJI Inspire 1 is the primary aircraft in our operation for which we seek exemption. The UA will be flown via a combination of RC control and tablet GCS. This UA type is a GPS equipped, multirotor helicopter. A quad-copter type rotorcraft utilizing four motors. Lithium-polymer batteries power the UA.

The UA also has several fail-safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Operation Manuals. Th e UA display visual and emit an audible low battery alerts at which time the UA will automatically engage the landing sequence. Based upon those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions.

Given the size, weight, speed, and controlled operating area associated with the UA to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The UA will display the registration number in the largest practicable lettering. Waggoner Engineering, Inc. seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent judgment as previously outlined to determine the integrity and safety of the UA and associated equipment. Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an airworth iness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to carry the operating documents so an equivalent amount of safety can be achieved through keeping the operating documents and manuals at the GCS.



### IV. UAS Pilot in Command (PIC)

Under part § 61, recreational, sport and private pilots are limited to non-commercial operations, however Waggoner Engineering, Inc. can ensure UA operations will achieve an equivalent level of safety as current regulation because UA do not carry any pilots or passengers. A commercial pilot certificate will not ensure RC piloting ability, as the psychomotor skills are different. The inherent ri sks of operating a UAS are far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot Privileges and Limitations. PICs will maintain recent flight experience on the UAS. Training and experience flights will be conducted separate from commercial operations.

### V. Public Interest

Given the above stated evidence, procedures , and precautions operating UAS commercially for the purposes of aerial photography & videography, mapping, power line surveillance, agricultural crop surveillance, aerial inspections, data collection, commercial videos and other work related to aerial photography will ultimately be in the public interest. These operations, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. UA operations will allow greater access to commercial aerial services that were not previously economically feasible for many firms. This will provide a much needed economic uplift to the community and hence the public. UA operations are associated with less risk of co llateral damage to persons and property while limiting disruptive noise pollution associated with low altitude aviation operations.

VI. Summary

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform Act of 2012”, Waggoner Engineering, Inc., hereby applies for authorization to conduct commercial unmanned aerial systems (UAS) operations for the purposes of aerial photography & videography, mapping, power line surveillance, agricultural crop surveillance, aerial inspections, data collection, commercial videos and other work related to aerial photography listings Rules for which exemption is sought:



### • 14 C.F.R. Part 21 Subpart H

• 14 C.F.R. § 45.23(b)



### • 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)



### • 14 C.F.R. § 91.7(a)



### • 14 C.F.R. 91.9(b)



### • 14 C.F.R. § 91.103



### • 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. § 91.215(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)



### VII. Unmanned Aircraft Information:

DJI Phantom Professional
Model: W323A

IC: 11805A-WM3231507

FCC ID: 553-WM3231507Thank you for your prompt attention and consideration. Waggoner Engineering, Inc and its clients are committed to safe UAS operation and ambassadors. Please do not hesitate to contact me directly with any questions or concerns at 662-429-2100.



### Kasey Mauney kasey.mauney@waggonereng.com