2475 Memphis Street 

 Hernando, Mississippi 38632 Phone: 662-429-2100 ♦ Fax: 662-429-2600

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 Pursuant 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 Firm founded in Mississippi 

on or about January 1, 1976. 

Pursuant to Section 333 of the FMRA, Waggoner Engineering, Inc. hereby requests a 

determination by the Secretary of Transportation authorizing commercial operations of 

UAS 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 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 unmanned 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 environment, 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) and 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 private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command 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 will 

adhere 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 flight 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 feet 
of 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 operation 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 conducted 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 conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed— 

(1) During the day, to fly after that for at least 30 minutes;

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 aircraft 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. These 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. The 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 airworthiness 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 risks 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 collateral 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-WM3231507 
Thank 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