UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: TKNYE, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 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 DJI

PHANTOM 2 VISION+ AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

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

Submitted on August 24, 2015

Timothy Keaton Nye

1934 N. Minnesota Ave Shawnee, OK 74804 Tel: (405) 606-1033 Keaton@Tknye.com

# TKNYE, LLC

1934 N. Minnesota Ave

Shawnee, OK 74804 phone: (405) 606-1033

Keaton@Tknye.com

August 24, 2015

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

RE: Petition of TKNYE, LLC for Exemption Pursuant to §333 of the FAA Reform Act

To whom it may concern

Pursuant to § 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, TKNYE, LLC, operator of Small Unmanned Aircraft Systems (“SUASs”) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its SUAS’s, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by § 333.1

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive SUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow TKNYE, LLC to conduct commercial operations of small unmanned aircraft systems (SUAS’s) meeting or exceeding all of the operational and safety requirements Congress has set forth in page 2 of § 333.

TKNYE, LLC is a media/technology company owned and run by Timothy Keaton Nye. Mr. Nye has been active in Radio Controlled Aircraft for the past 3 years, is experienced with rotary wing aircraft, and is a member of the Academy of Model Aeronautics.

TKNYE, LLC plans to exploit the capabilities of SUAS to offer a multitude of services to customers, including:

- Aerial surveying - Event Photography/Videography - Commercial and Agriculture purposes- Real Estate Photography - Aerial filmmaking and photography - Construction site inspections and monitoring The statutory authority for this request can be found in § 333 and is titled “Special Rules for Certain Unmanned Aircraft Systems”. This section provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the national airspace system (NAS). In §332(b)(1), Congress made it clear that § 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner requests relief from the following regulations:

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

14 C.F.R. 91.109

14 C.F.R. 91.119 14 C.F.R. 91.121, p.3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215 14 C.F.R. (91.401 - 91.417)

UAS’s are oftentimes seen as superior to helicopters due to their smaller size, inexpensive equipment needed for operations and repair, types and quantity of personnel needed for operations, reduced noise and a much smaller environmental impact which promotes public safety.

We are petitioning for exemption to enable TKNYE, LLC to operate a DJI Inspire 1 which has been upgraded to the latest firmware and is equipped with a three-axis camera gimbal and is using a 4K camera. This SUAS has a built-in capability to limit the height it flies above the ground and to limit the radius of the distance it flies from the operator. The Inspire 1 also has the failsafe function of the autopilot system. The autopilot system automatically returns the UAS to

Home if the communication between the Main Controller and the transmitter is disconnected. Please refer to the link to the DJI Inspire 1 Instruction Manual for the performance limitations and flight operations.

http://download.dji- innovations.com/downloads/inspire_1/en/ Inspire_1_User_Manual_v1.2_en.pdfAircraft weight is 104oz. with battery, 3 Axis Camera Gimbal, and Camera.

A Pre-flight inspection will be performed by the pilot in command (PIC) in accordance with the factory instruction manual. In addition, the propellers will be inspected, and replaced with a manufacturer authorized propeller, if any nicks or cracks are found in a propeller.

The SUAS’s will be maintained in accordance with the manufacturer’s instruction manual and only manufacturer authorized replacement parts will be used.

FCC Information

The DJI C1 transmitter used for controlling the SUAS’s complies with part 15 of the FCC rules. Operation is subject to the following two conditions:

(1) this device may not cause harmful interference, and

(2) this device must accept any interference received, including interference that may cause an undesired operation.

The DJI C1 radio transmitter used for controlling the SUAS is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance: When operating our DJI C1 transmitter, the PIC will maintain a separation distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet radio frequency (RF) exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least 2 hours flying time and 3 takeoffs and landings every 30 days in the type of UAS utilized in and discussed in the type of operations which are the subject of this petition for exemption.

The PIC will have at least 50 hours total time and at least 30 hours flying Radio Controlled Model Aircraft, of which 10 hours will be flying SUAS's.

Training will be conducted at a local Radio Control Club flying field. TKNYE, LLC has the ability to provide "dual controls" utilizing two DJI C1 transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will at all times be able

to assume control of the SUAS.The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, and all procedures including but not limited to:

Safe in flight operations Risk Mitigation to Persons and property Airfield Suitability

The Observer must have the visual acuity to observe the SUAS and be able to communicate clearly with the PIC.

The Observers duties are:

- warning the PIC of any impending obstacles in the flight path of the SUAS. - warning the PIC of any deviations in the planned flight path of the SUAS. - warning the PIC should any unauthorized personnel appear in the area of the planned flight.

The Observer will have the authority to order the PIC to terminate the flight should he or she feel the flight cannot be conducted safely.

General Operating Standards

• TKNYE, LLC will only operate its SUAS in line of sight of a pilot and/ or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the SUAS will "not create a hazard to users of the NAS or the public.

• Before an operation of a SUAS within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the SUAS. The PIC will give the position, altitude, and the times the SUAS will be operated. The SUAS will not be operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Before an operation of a SUAS within 5NM of a non-tower controlled, airport operators will be notified and the PIC will give the right of way to avoid flying in the proximity of full-scale aircraft. At no time will the SUAS be operated within the final approach course and the takeoff course of any runway. The SUAS will not be operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 25 minutes.

• Flights will be terminated at 25% battery power reserve, should that occur prior to the 25

minute limit.

• The SUAV will be programmed so that it will not be operated at an altitude of more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.• Minimum crew for each operation will consist of the SUAS Pilot, and Visual Observer.

• The SUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals).

• The SUAS will operate at speeds of no more than 60 knots. The SUAV can hover and can simultaneously move vertically and horizontally.

• Given the small size of the SUAS and the restricted sterile environment within which they will operate, our SUAS operations adhere to the Reform Act's safety requirements.

The UAS is powered by batteries and is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel. It operates at lower altitudes with no people on board thereby reducing current risk levels, enhancing safety, and diminishing the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 20 minutes, it poses little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2-seat full- sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the SUAS will be valuable to and will benefit many buyers and sellers of real property.

Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff etc. while remaining subject to all limitations cited in this application as we do so.

(a) No flight will be made with a Gross weight exceeding 35 pounds;

(b) All operations will occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more than 60 knots and no further than 1 NM from the PIC;

(c) All operations will utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the
property owner;

(e) All required permits will be obtained from state and local government prior to operation;

(f) TKNYE, LLC will not operate a SUAS over densely populated areas;

(g) TKNYE, LLC will not operate a SUAS over any open-air assembly of people;(h) TKNYE, LLC will not operate a SUAS over heavily trafficked roads;

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

TKNYE, LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the SUAS System:

14 CFR Part 21, Airworthiness Certificates.

While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Inspire 1 under either or both of the following provisions:

21.191 Experimental certificates . Experimental certificates are issued for the following purposes:

(a) Research and development

. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the SUAS's light weight, being constructed primarily of carbon fiber and plastic, we propose that the SUAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 14 CFR 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The SUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, Visual Observer (VO) and others in the vicinity of the aircraft will be able to see the designation while the SUAS is preparing for launch. Additionally, we feel that the permanent placard will provide the aircraft's registrationinformation at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that the PIC must hold at least a Private Pilot Certificate with a Class III Medical issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate

.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved SUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Training will be conducted at a local Radio Control Club flying field. TKNYE, LLC has the ability to provide "dual controls" utilizing two DJI C1 transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will at all times be able to assume control of the

SUAV.14 CFR 91.119 Minimum safe altitudes.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the SUAS will be photography or survey of persons, vessels, vehicles or structures it will be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and a careful pre-planned flight path has been performed. The aircraft will be operated at a low altitude allowing an emergency landing without undue hazard to persons or property on the surface if a power unit fails. Therefore we maintain that due to the small size of the SUAS, the hazard to persons, vehicles, and structures is minimal compared to manned aircraft.

14 CFR 91.121 Altimeter settings

.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The SUAS will always fly below 400 feet above ground level (AGL) and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An AGL altimeter measurement above the takeoff point is transmitted via radio from the SUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions

.

The regulation provides that no person may begin a flight in an airplane under day-VFR (visual flight rules) conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 20 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The SUAS is battery operated and the maximum duration of flight from a single battery charge is 15 minutes with a 20% reserve. Since the aircraft will never fly more than 1 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required

.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 35 pounds, the SUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground control station and available for inspection upon request. In order to identify theaircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventative Maintenance, Alterations.

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

TKNYE, LLC will be using the SUAS in a variety of applications that generally require expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer a myriad of benefits over the use of full-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, and film and still photography, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS’s carrying no passengers or crew members creates a much greater margin of safety for the pilots and crew. By granting TKNYE, LLC‘s requested exemptions, the FAA will help drive the development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. TKNYE, LLC is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this application, all SUAS’s used by our company, under authorization by theUS DOT-FAA, will be small, light- weight devices operated within the line of sight of the Pilotin- Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of

this distance.All of our SUAS’s have proven capability for controlled flight. They are devices offered for general sale on the world-wide market and have frequently been used as Model Aircraft in the USA. We are certain that the studies conducted by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you with the assurances of the airworthiness of SUAS’s

such as ours.

For the foregoing reasons, TKNYE, LLC respectfully requests that the exemptions herein requested by granted. TKNYE, LLC requests that it be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some SUAS’s may be used for legitimate commercial activities and under reasonably safe conditions.

Respectfully,

Timothy Keaton Nye TKNYE, LLC

405.606.1033 Keaton@tknye.com