1 Page – TBM Exemption Request January 20, 2015

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

Exemption Request under Section 333 of the FAA Modernization and Reform Act
of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

Troy Built Models (TBM) requests exemptions from several provisions of the Federal Aviation Regulations (FAR) in accordance with Section 333 of the FAA Modernization
and Reform Act of 2012. TBM seeks exemption in order to commercially operate the Phantom 2 Vision+ unmanned aircraft system (UAS) in a sterile environment clear of people and objects for the purposes of training and educating Phantom 2 Vision+ and sUAS pilots

. Phantom 2 Vision+ Trainers/ Pilots in Command hold a private pilot certificate

, third class medical certificate, and have passed a rigorous internal training and certification program administered by TBM senior staff as a minimum qualification. Operators are trained on the Phantom Vision 2+ following the OEM training guidelines and syllabus provided by DJI ( Manufactu rer of the Phantom 2 Vision+ UAS ).

This exemption is in accordance with protocols outlined in this petition for exemption,
the enclosed TBM’s Operations Manual, TBM’s UAS Aircraft Training Manual, TBM’s Phantom 2 Vision+ oral and practical examination, the DJI UAS manufacturer's operations and/or instructions manual, DJI UAS User’s Manuals, DJI UAS Quick Start Guides, and any oth er requirements established by the FAA pursuant to Section 333 of the Reform Act.

Troy Built Models is a leading company in UAS training services. It proposes to use a small, lightweight UAS – the DJI Phantom 2 Vision+ - for training purposes. The Phantom 2 Vision + is
an electric powered UAS , equipped with four motors weighing no more than three pounds.

This exemption will permit TBM to safely operate UAS s under controlled conditions and in sterile environments for the purpose of flight training. Approval of this exemption will enhance overall safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to “... establish requirements for the safe operation of such aircraft systems in the national airspace system" Consistent with Section 333(c) of the Reform Act.2 Page – TBM Exemption Request The name and address of the petitioner is:

Troy Built Models Attn: Gene Payson
Phone: 941

- 313

- 0074
Email: president@troybuiltmodels.com
Addre ss: 1650 Honore Ave, Sarasota, FL 34232

Description of Flight Operations To preserve the safety of manned aircraft operations, the NAS, and property TBM will maintain the following limitations and conditions during all flight training operations:

1. The Pha ntom 2 Vision+ will weigh less than 3 pounds.

2. All flights will maintain direct visual line of sight of th e Pilot In Command and trained
Visual O bserver (Both PIC and VO will be FAA licensed airmen and hold a current

Class I I I medical certificate). The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the TBM DJI Phantom Pilot Skill Training Manual.

3. Visual observers will receive no less than one hour of ground instruction on their required duties to maintain obstacle and collision avoidance for all flight operations.

4. A TBM senior company employee w ill observe the training sessions of TBM trainers on an ongoing basis. Each trainer will be observed by a TBM certified line check airman a minimum of 8 hours during live training every 12 months.

5. Geo

- fencing will be utilized during all flight operations to maintain altitudes below
100 feet AGL and a distance not to exceed 500 feet from the pilot at all times. Real time telemetry will be monitored at all time s to ensure compliance. The geo

- fencing will be tested at the beginning of each flight as standard safety practice.

6. Return to Launch (RTL) will be tested at the beginning of each flight as standard safety practice.

7. If the sUAS loses communications signal, the sUAS will have the capability to return

to a pre

- determined location within the ‘Sterile Fl ight Zone’ and land.

8. The PIC must abort the flight in the event of unpredi cted obstacles or emergencies.3 Page – TBM Exemption Request 9. Flights will be conducted in VFR conditions. Operations will be conducted at least 2,000 feet from fog conditions.

10. Prior to each flight the PIC will obtain an official weather briefing for the area of operation from CSC DUATS no more than one hour prior to the planned flight
operations.

11. TBM , by following procedures listed in the Operation ’ s Manual will assure no individuals’ privacy is violated.

12. No flight operations will be conducted at night.

13. UAS will maintain a lateral distance of at least 1, 500 feet from inhabited structures, buildings, vehicles, and remain in constant visual line of sight.

14. UAS will maintain a lateral distance of at least 1,500 feet from non

- participants to

maintain a ‘Sterile Flight Zone’ . If non

- participants enter the ‘Sterile Flight Zone’

, flight operations will cease immediately until the flight zone is cleared.

15. Signs displaying ‘UAS Flight Operations In Progress’ will be clearly positioned to keep all persons and objects clear of the ‘Sterile Flight Zone’.

16. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or autho rized representative. Permission

from land owner/controller or authorized representative will be obtained for each flight to be conducted.

17. The Phantom 2 Vision+ must remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

18. Prior to each flight, the PIC must inspect the Phantom 2 Vision+ to ensure it is in a condition for safe flight. If the inspe ction reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed, and the UAS is found to be in a condition for safe flight.

19. Any maintenance or alterations t hat affect the Phantom 2 Vision+ operation or flight characteristics (e.g. replacement of a flight critical component), must undergo a functional test flight. The PIC who conducts the functional test flight must make an

entry in the official maintenance logbook.4 Page – TBM Exemption Request 20. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, d escription of work accomplished, and the signatu re of the authorized

maintenance personnel or PIC returning the Phantom 2 Vision+ UAS to service.

21. The operator’s Phantom 2 Vision+ authorized maintenance personnel, PIC, and VO

must receive and document training referenced in the TBM Flight Training

Certification Procedures.

22. The UAS operated under the exemption must comply with all manufacturer System and Safety Bulletins.

23. Before conducting operations, the radio frequency spectrum u sed for operation and
control of the UA S must comply with the Federal Comm unications Commission or other appropriate government oversight agency requirements. Radio control will be maintained on the 2.4ghz band. An FCC license is not needed to utilize the se frequencies.

24. All operations shall be conducted in Class G airspace.

25. During operat ions in Class G airspace, the Phantom 2 Vision+ may not operate
within 5 nautical miles of the geographic center of an airport as denoted on a

current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA.

26. Any incident, accident, or flight operation that transgresses the late ral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents meeting the requirements of 49 C.F.R. Part 830 must be reported to the National

Tra nsportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

TBM requests the following exemptions under Section 333:

Part 21 Subpart H Airworthiness certification5 Page – TBM Exemption Request 14 C.F.R. § 45.23(b) Markings

14 C.F.R. § 61.11 3(a) and (b) Private pilot privileges
14 C.F.R. § 61.133(a) Commercial pilot privileges
14 C.F.R. § 91.7(a) and (b) Civil aircraft airworthiness
14 C.F.R. § 91.109(a) Flight Instruction

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

14 C.F.R. § 91.121 Altimeter Settings
14 C.F.R. § 91.151(a) Fuel requirements for Flight in VFR Conditions
14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft certifications
14 C.F.R. § 91.405; 407; 409; 417 Maintenance Inspections

Part 21 Subpart H Part 21 Subpart H prescribes procedural requirements for the issue of airworthiness certificates. TBM requests exemption from this subpart to operate the Phantom 2 Vision+ without the requirement for an airworthiness certificate. Based on the proposed UAS being limited in size, weight, speed, operating capabilities, and operating within visual line of sight, TBM believes that an airworthiness certificate is not necessary to ensure an equivalent level of safety to manned aircraft operations.

14 C.F.R. § 45.23(b): Display of marks; general As the proposed UAS does not have any entrances to the cockpit or cabin TBM requests that in order to identify the aircraft as an experimental type the word “EXPERIMENTAL” will be displayed in 2 inch lettering on the fu selage.

14 C.F.R. § 61.113(a) and (b) : Private pilot privileges and limitations: Pilot in command

14 CFR 61.11 3 (a) and (b) state that:

(a) Except as provided in paragraphs (b) through (h) 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 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.

TBM requests exemption from 14 C.F.R. § 61.113(a) and (b) to allow TBM to commercially operate the Phantom 2 Vision+ UAS with operators holding private pilot certificates. Sections

61.1 13 (a) & (b) limit private pilots to non

- commercial operations. However provided in recent documentation, it has been determined that the pri vate pilot and commercial pilot certifications meet the same basic knowledge of airspace through ground school and not flight6 Page – TBM Exemption Request training (See Regulator y Docket No. FAA

- 2014

- 0352 page 16

- 17). A commercial pilot's certification ensures that a pilot is able to safely commercially operate a manned aircraft, not a

UAS . Applying manned commercial pilot certification requirements do not significantly add to
the safety of UAS operations. TBM’s operating procedures will e nsure UAS pilots are trained to

conduct UAS operations with an equivalent level of safety to the training advantages obtained by a certificated commercial pilot for manned aircraft operations. Al l TBM trainers will be
certified under the TBM Flight Training Certification Procedures.

All TBM pilots will possess a Private Pilot Certificate and current Class II medical.

14 C.F.R. § 61.133(a) : Commercial pilot privileges and limitations

TBM requests exemption from 14 C.F.R. § 61.133(a) in accordance with the above request enabling an operator with a private pilot certificate to operate the Phantom 2 Vision+ UAS
commerciall y. Based on aircraft simplicity and visual line of sight operations th is exemption
would not degrade safety of the NAS or manned aircraft operations.

14 C.F.R. § 91.7(a) and (b) : 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 Phantom 2 Vision+ and the description of proposed operations above, a n equivalent level of safety will be provided.

B. 14 CFR § 91.103: Preflight Action

TBM requests an exemption from the preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actions under which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight.

(a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available i f the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragr aph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to7 Page – TBM Exemption Request aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. All TBM flights will be condu cted in VFR conditions. No takeoff and landing distances are published for the Phantom 2 Vision+ by the manufacturer. An equivalent level of safety will be provided by the PIC obtaining all pertinent weather information from an official FAA weather

sourc e (ex. Flight Service, CSC DUATS).

14 C.F.R. § 91.109(a) : Flight instruction This section provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully function ing dual controls.

For student training purposes the Pilot In Command and student will use a "buddy box" system that utilizes two transmitters. The transmitter of the stude nt is connected by a trainer cable to another transmitter (master transmitter) cont rolled by the PIC instructor. The PIC
Instructor is able to control the UAS with h is or her transmitter then flip a switch to turn control over to the student and flip the switch ag ain to reclaim control. In this way, the PIC Instructor can easily demonstr ate how to fly the UAS or rescue the UAS if the student makes a poor aeronautical decision without passing the same transmitter back and fo rth to preserve safety to the NAS and manned aircraft operations.

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

TBM requests an exemption from the minimum s afe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate:

• 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.

• Over other than congested areas at an altitude of 500 feet above the surface, except

over open wat er or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazar d to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

To provid e the intended operations, the Phantom 2 Vision+ will be operated below 10 0 feet AGL. Additionally, the UAS will maintain a lateral distance of at least 5 00 feet from i nhabited structures, buildings, vehicles , and remain in constant visual line of sight.

14 C.F.R. § 91.121: Altimeter Settings8 Page – TBM Exemption Request This regulation requires that each person operating an aircraft shall maintain the cruising
altitude or flight level of that aircraft, as the case may be, by reference to "the current reported
altimeter settin g of a station along the route and within 100 n autical miles of the aircraft.”

TB M seeks an exemption because the Phantom 2 Vision+ does not have a baromet ric altimeter,
but rather a GPS altitude read out. The UAS will be programmed to remain below 100 feet AGL regardless of PIC control input, thus ensuring operation at safe altitudes.

14 C.F.R. § 91.151(a) : Fuel Requirements for Flight in VFR Conditions MDV requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in
VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR condit ions 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 25 minutes; or (2) At night, to fly after that for at least 45 minutes

. The batteries powering the Phantom 2 Vision+ provide approximately 10

- 15 minutes of flight

time. Training operations will be limited to a minimum voltage to ensure appropriate reserve battery to maintain an equivalent level of safety at all times. If the PIC fails to land the UAS prior to the allotted minimum voltage, the UAS will autonomously return to it’s original launch position.

14 C.F.R. § 91.203(a)(1) and (2) : Civil ai rcraft: Certifications required

Under the proposal TBM would not be operating the UAS wi th an airworthiness certificate as requested under the exemption for Part 21 Su bpart H. The exemption for this section is required as TBM would not be able to display t he airworthiness certificate in accord ance with 14 C.F.R. § 91.203(a)(1) and (2).

14 C.F.R. § 91.405; 91.407; 91.409; 91.417: Maintenance/Operations/Inspections/Records These regulations specify maintenance and inspection standards in refe rence to 14 CFR Part 43. 14 CFR 91.405(a) (stating tha t each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and sha ll between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter").

An exemption is requested as the se section s requir es the aircraft be inspected in accordance with Part 43 and is needed as these sections apply only to aircraft with an airworthiness certificate. An equivalent level of safety will be achieved by the Pilot In Command following the TBM Operations manual as well as the DJI User’s Manuals. The operator will ensure that the UAS is in working order prior to each flight and maintain a detailed log of maintenance performed. The operator is the person most familiar with the aircraft and to provide the equivalent level of safety. The Phantom 2 Vision+ Flight Log will be provided separately for
reference.9 Page – TBM Exemption Request Why is this exemption request in the public’s best interest?

By granting this exemption request, TBM will be able to provide exemplary flight training to its students. This training will benefit the unmanned aircraft integration process as well as maintaining the safety to manned aircraft operations in the National Airspace System. The training provided to students will lead to a better understanding of the unmanned aircrafts limitations and safety measures. This knowledge is crucial to the future of unmanned aircraft to be able to operate and not pose a threat to the safety or well

- being of individuals, property

o n the ground, or other aircraft in the air. For all of the reasons provided in this request, granting TBM this exemption is indeed in the public’s best interest.

The following appendices provided by TBM will further enhance safe operations of the
Phantom 2 Vision+ UAS at all times:

Appendix A: TBM DJI Phantom Pi lot Training Guide

The Pilot Skill Training is essential to train and evaluate the student’s overall ability in a wide

array of areas concerning safe flight operations.

Appendix B: TBM Commercial Pilot Flight Exam

The Commercial Pilot Flight Exam is the final check to evaluate the student’s abilities controlling

the Phantom 2 Vision+. TBM has created a Training Guide similar to the Practical Test
Standards in manned operations. This Flight Guide will maintain a standard of pilot ability
through maneuvers and simulated emergencies.

Appendix C: TBM Commercial Pilot Oral Exam

The TBM Phantom 2 Vision+ Oral Exam will allow students to show that they have an

acceptable knowledge base on the Phantom 2 Vision+. The exam not only examines the UAS
itself, but includes items such as power systems and operations, ground station operations,

weather, flight operations, and Federal Aviation Regulations.

Appendix D: TBM Phantom Written Exam For Pilot Certificat ion

The TBM Phantom 2 Vision+ Written Exam is an in depth multiple choice examination covering
topics that will allow the TBM student to display their overall understanding of the Phantom 2

Vision+ and it’s limitations. A score of 70 percent will be required to be allowed to receive a
TBM Commercial Pilot Flight Exam.
Appendix E : Phantom 2 Vision+ Flight Log The Phantom 2 Vision+ Flight Log will be used for every flight operation performed. It includes the date, weather, checklists, and post flight observ ations. The flight log will help maintain an overall level of consistency and safety during all flight operations.10 Page – TBM Exemption Request Appendix F: TBM Phantom Checklists
Th ese are the checklists for start

- up, operation and shut down. These include all require d activities for a safe flight.

Appendix G: TBM Phantom Inventory Checklist
Th is includes all the components required to take int o the field for safe operation.

Appendix H: POH DJI Phantom Pilot Operating Handbook This in depth POH was sritten by TBM for safe operation of the DJI Phanto m. Th ese are the
checklists for start

- up, operation and shut down. These include all require d activities for a safe flight.

Appendix I: TBM DJI Phantom Training Procedures
Th is outlines the training standards for the TBM traine rs.

Appendix J: DJI Phantom Quick Start Guide
Th is outlines the pilot procedures and standards as written by DJI

.