July 10, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

I!IIWEIHE 

ENGINEERS 

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Build H'ith confidence'.' 

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Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 ofthe Federal Aviation 

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 

(b) (2); 14 CFR 91.103(b); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) & (b); 14 

CFR 91.405 (a); 14 CFR 91.407(a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) & (b). 

Dear Sir or Madam: 

Pursant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. 

Part 11, Weihe Engineers, Inc. seeks an exemption from the Federal Aviation Regulations (FARs) listed 

below: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C. F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1} 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 

10505 North College Avenue I Indianapolis, IN 46280 I www.weihe.net I (317) 846-6611 I (800) 452-6408 I Fax: (317) 843-0546 

Allan H. Weihe, P.E., L.S., -Founder 
l!liWEIHE 

ENGINEERS 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act§ 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system." ld. §333(c) (emphasis added) 2. The Federal Aviation Act 

expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes 

exempting civil aircraft, as the term is defined under §40101 of the Act, that includes small Unmanned 

Aircraft Systems ("sUASs"), from the requirement that all civil aircraft must have a current airworthiness 

certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC 

§44704; 14 CFR §91.203 (a) (1). 

The requested exemptions would permit Weihe Engineers, Inc. to fly sUASs while conducting business 

related to precision aerial surveying, construction observation/inspection, mining surveying/inspection, 

aerial photography, utility monitoring, agricultural monitoring and product demonstrations. The sUASs 

weigh less than 55 lbs, including payload, and operate at speeds less than 50 knots under normal 

operating conditions. The sUASs will operate only in visual line of site and will not create a hazard to 

users of the national airspace system or the public. Landowner permission will be secured for each 

location over which the sUASs operate. 

Data collected with the sUASs will be used to develop maps, 3 dimensional models and aerial 

photographs. These products will be used as the basis for engineering design drawings, to provide 

progress reports and to demonstrate current conditions of land and buildings. A sUASs provide a more 

efficient and safe means to collect precise land survey data than conventional survey techniques using 

the Global Positioning System or aerial photography collected from manned aircraft. Operators using a 

sUAS are able to collect a larger amount of data in a shorter amount of time than with conventional 

survey techniques while employees remain in a fixed position rather than moving through safety 

hazards such as traffic or active construction equipment. Similarly, the use of a sUAS allows the 

operator to collect aerial photography without putting a pilot at risk in an airplane operating on 

flammable fuels. The sUAS relies on battery power and is light enough to pose minimal threat to the 

general public. There is no credible threat to national security posed by sUASs, due to their size, speed 

of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load. 

Weihe Engineers, Inc. will use the Precision Drone Pacesetter, Trimble UXS and SenseFiy ebee sUASs to 

collect aerial data. Grant of the exemption for use of sUASs by Weihe Engineers, Inc. will be subject to 

the following mandatory conditions, which are based upon operating conditions set forth for operation 

of sUASs by public entities pursuant to Certificates of Authorization, with additional restrictions: 

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o All operations to occur in Class G airspace 

o Operations to be conducted over private or controlled-access property 

o Permission from land owner/controller required before commencing any flight 

o Operations to occur during Visual Flight Rules Meteorological Conditions (VMC) 

o Aircraft to remain within Visual Line of Sight (VLOS) 

• VLOS guaranteed with a cylinder of operation around operator of 1/2 nautical 

miles 

• Cylinder walls may be expanded by additional observer's 

o Operations to occur during daylight hours 

o Above Ground Level (AGL) altitude to be restricted to 400 feet 

o All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline 

azimuth of runway centerline measured from runway thresholds 

o All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies 

The following specific reasons for exemption are submitted: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled 

Airworthiness Certificates, 

establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by 

the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 

and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for 

an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these 

criteria demonstrates that the sUAS operated without an airworthiness certificate will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured area as set out in the sUAS Users 

Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator, pursuant to the sUAS Users Manual's requirements, and under the 

requirements and in compliance with local public safety requirements, to provide security for the area 

of operation as is now done with conventional aircraft. These safety enhancements, which already apply 

to civil aircraft operated in connection with aerial crop scouting, provide a greater degree of safety to 

the public and property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. 

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Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

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," "lightsport," "experimental," or "provisional," as applicable. Even though the sUASs will have no airworthiness 

certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot 

station on which the word "Experimental" can be placed. Given the size of the sUAV, two-inch lettering 

will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the 

identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to 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 C.F.R. §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the sUAS Users Manual for maintenance and use of safety check lists prior to 

each flight, the sUAS will be reviewed for airworthiness prior to each flight. 

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ENGINEERS 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... for which an Airplane or Rotorcraft Flight 

Manual is not required by §21.5 of this chapter, 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. The sUAS, given its size and configuration has no ability or place to carry such 

a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room 

or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 

8607,8737,8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and 10700. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. An equivalent level of safety will be provided as set forth in the sUAS Users Manual. The 

PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopter to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

includes an sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 

400' AGL, an exemption may be needed to allow such operations. As set forth herein, except for the 

limited conditions stated in the Precision Drone Users Manual, the sUAS will never operate at higher 

than 400' AGL. The equivalent level of safety will be achieved given the size, weight, speed of the UAS 

as well as the location where it is operated. No flight will be taken without the permission of the 

property owner. Because of the advance notice to the property owner and participants in the aerial 

activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein and 

the lack of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft. In addition, the low-altitude operations of the sUAS will ensure 

separation between these smaii-UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting 

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ENGINEERS 

available before departure." As the sUASs may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes." The battery powering the sUAS 

provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 

CFR §91.151, sUAS flights would be limited to approximately 20 minutes in length. Given the limitations 

on the UAS's proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes 

that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 

10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). 

Operating the small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not endanger the type of risks that Section 91.151(a) was intended to alleviate given the size and speed 

of the sUAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which 

the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 40 minutes or 20% of battery power whichever happens first. This restriction would be 

more than adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area. Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the 

following: 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

(1) An appropriate and current airworthiness certificate. 

The sUASs fully loaded weigh no more than 55 lbs and operate without an onboard pilot. As such, there 

is no ability or place to carry certification and registration documents or to display them on the sUASs. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to 

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the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ," and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and 

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the 

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook as referenced in the sUASs Users Manual. An equivalent level of safety will be 

achieved because these sUASs are very limited in size and will carry a small payload and for limited 

periods of time. If mechanical issues arise, the sUASs can land immediately and will be operating from 

no higher than 400 feet AGL. As provided in the sUASs Users Manual, the operator will ensure that the 

sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

********* 

Applicant seeks an exemption from the following rules: 

14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 

91.103(b); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203{a) & (b); 14 CFR 91.405 (a); 

14 CFR 91.407(a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) & (b) to operate commercially a small 

unmanned vehicle {551bs or less) for precision aerial surveying, construction observation/inspection, 

mining surveying/inspection, aerial photography, utility monitoring, agricultural monitoring and product 

demonstrations. 

Approval of exemptions allowing commercial operations of sUASs in these industries will enhance 

safety by reducing risk. Conventional aircraft used for these purposes, operate via jet or piston power. 

Such aircraft must fly to and from the field location. In contrast, a sUAS weighing fewer than 55 lbs. and 

powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board. The sUAS is carried to the field location and not flown. The sUAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft 

flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and allowing 

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commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and, as a 

result, are far safer than conventional operations conducted with turbine helicopters operating in close 

proximity to the ground and people. 

Privacy 

All flights will occur over private property with the property owner's prior consent and knowledge. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security- provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's sUASs in the real estate, construction, 

engineering and agricultural production industry pursuant to the sUASs Users Manual appended hereto. 

Sincerely, 

~0-- Brady Kuhn, PS 

Vice President 

Weihe Engineers, Inc. 

10505 N. College Avenue 

Indianapolis, IN 46280 

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