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 

(Manufacturer 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 other 

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 UASs 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

Address: 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 Phantom 2 Vision+ will weigh less than 3 pounds.

2. All flights will maintain direct visual line of sight of the Pilot In Command and trained 

Visual Observer (Both PIC and VO will be FAA licensed airmen and hold a current 

Class III 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 will 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 times 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 Flight Zone’ and land.

8. The PIC must abort the flight in the event of unpredicted 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 authorized 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 inspection 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 that 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.
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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, description of work accomplished, and the signature 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 used for operation and

control of the UAS must comply with the Federal Communications 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 these 

frequencies.

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

25. During operations 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 lateral 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 

Transportation 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 certification
5 Page – TBM Exemption Request

14 C.F.R. § 45.23(b) Markings

14 C.F.R. § 61.113(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 fuselage.

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 

61.113 (a) & (b) limit private pilots to non-commercial operations. However provided in recent 

documentation, it has been determined that the private pilot and commercial pilot 

certifications meet the same basic knowledge of airspace through ground school and not flight
6 Page – TBM Exemption Request

training (See Regulatory 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 ensure 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. All 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

commercially. Based on aircraft simplicity and visual line of sight operations this 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, an 

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 if 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 paragraph (b)(1) of this

section, other reliable information appropriate to the aircraft, relating to
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aircraft performance under expected values of airport elevation and

runway slope, aircraft gross weight, and wind and temperature.

All TBM flights will be conducted 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 

source (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 functioning 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 student is connected by a trainer 

cable to another transmitter (master transmitter) controlled by the PIC instructor. The PIC 

Instructor is able to control the UAS with his or her transmitter then flip a switch to turn control 

over to the student and flip the switch again to reclaim control. In this way, the PIC Instructor 

can easily demonstrate how to fly the UAS or rescue the UAS if the student makes a poor 

aeronautical decision without passing the same transmitter back and forth 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 safe 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 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.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when 

it can be operated "without hazard 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 provide the intended operations, the Phantom 2 Vision+ will be operated below 100 feet

AGL. Additionally, the UAS will maintain a lateral distance of at least 500 feet from inhabited 

structures, buildings, vehicles, and remain in constant visual line of sight.

14 C.F.R. § 91.121: Altimeter Settings
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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 setting of a station along the route and within 100 nautical miles of the aircraft.”

TBM seeks an exemption because the Phantom 2 Vision+ does not have a barometric 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 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 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 aircraft: Certifications required

Under the proposal TBM would not be operating the UAS with an airworthiness certificate as 

requested under the exemption for Part 21 Subpart H. The exemption for this section is 

required as TBM would not be able to display the airworthiness certificate in accordance 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 reference to 14 CFR Part 43. 

14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft

inspected as prescribed in subpart E of this part and shall between required inspections...have 

discrepancies repaired as prescribed in part 43 of this chapter"). 

An exemption is requested as these sections requires 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 

on 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 Pilot 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 Certification

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 observations. 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

These are the checklists for start-up, operation and shut down. These include all required 

activities for a safe flight.

Appendix G: TBM Phantom Inventory Checklist

This includes all the components required to take into 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 Phantom. These are the 

checklists for start-up, operation and shut down. These include all required activities for a safe 

flight. 

Appendix I: TBM DJI Phantom Training Procedures

This outlines the training standards for the TBM trainers.

Appendix J: DJI Phantom Quick Start Guide

This outlines the pilot procedures and standards as written by DJI.