December 16, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, SW Washington, DC 20591

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Si r or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Refo rm Act), and 14 C.F.R. Part 11. I, Brett A. Steele

, operator of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Tiny T Photography, for an exemptio n from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, 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 Section 333

.

I w ould like to formally submit for an exemption from the following:

• 14 CFR Part 21, subpart H

• 14 CFR 45.23(b)

• 14 CFR 61.113(a) and (b)

• 14 CFR 91.7(a)

• 14 CFR 91.9(b) (2)

• 14 CFR 91.103

• 14 CFR 91.109

• 14 CFR 91.119

• 14 CFR 91.121

• 14 CFR 91.151(a)

• 14 CFR 91.203(a) and (b)

• 14 CFR 91.205(b)

• 14 CFR 91.405(a)

• 14 CFR 91.407(a) (1)

• 14 CRR 91.409(a) (2)• 14 CFR 91.417 (a) and (b)

The formally requested exemption would permit Brett A. Steele to pursue his commercial interests in providing services to cli ents usi ng a UAS in the following operating manner :

• Aerial photography and/or video for public and/or private use including real estate and other related professional activities

• Aerial photography and/or video for public and/or private use including television, public events and newsgathering

• Aerial photography/video or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when local authorities or government has requested it by contract or donatio n

As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) safe. Approval of this exemption would increase public awaren ess of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 ( Trudeau), the FAA recently approved similar use of a PHANTOM 2 UAS. We will operate a DJI Phantom 3 Professional, which is comprised of an unmanned aircraft (UA or Phantom), an attached 4k camera and a transportable ground station.

The PHANTOM 3 is a qua d

- copter with a gross weight of 2.8 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. It will be operated over various rural and urban areas around Angola, IN, to en hance real estate listings, capture event areal video and photography, and related business operations.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, which ensures a level of safety at least equal to existing rules:

• Operate UAS below 300 feet and within a radius distance of 1000 feet from the controller to aid in direct line of sight visual observation;

• Obtain permission from the owner/controller of any vessels, vehicles and structures whe n operations may be conducted closer than 500 feet to any such vessels, vehicles or structures; we will conduct a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard;

• Operate the UAS f or 5

- 10 minutes per flight;

• Land UAS prior to the manufacturer’s recommended minimum level of battery power;

• Operate UAS during daylight hours only within visual line of sight (VLOS);• Use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;

• Conduct all operations under the flight safety protocols (including posting a warning sign reading: “Attention Aerial Photography in Progress

– Remain Back 150 feet”) contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance safety protocols;

• Contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information;

• Always obtain all necessary permissions prior to operation; have procedures in place to abort flights in the event of safety breaches or potential danger;

• Only operate in safe environments that are strictly controlled, are away from power lines, elevated lights, airports and densely populated areas (defined by areas depicted in “yellow” on VFR charts and through obtaining information regarding congested area s from the local Flight Standards District Office (FSDO);

• Conduct extensive preflight inspections and protocols, during which safety carries primary importance (reference PHANTOM Flying Flow Chart and User Manual).

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, cockpit or pilo t station on which to mark certain words or phrases. Further, the two

- inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, we can mark the UAS in the largest possi ble lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an airworthiness certificate, sinc e there is currently no certificate applicable to our operation, this regulation is inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections since they only apply to aircraft with an airworthiness certificate. However, as a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight m anual in the aircraft, however since there are no pilots or passengers on board the aircraft and given its size, this regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS g round station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civilaircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our UAS above the altitude of 300 feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight, maneuverabi lity, and speed of the UAS, an equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings, as it is inapplicable since the UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued

- per the operating documents, the UAV will be landed at the first alert. Also, our flights will last only 5

- 10 minutes each, an d the UAS has an automated function, which results in immediate landing when a low battery is detected. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended la nding and, assuming normal cruising speed, land the UA with 30% battery power remaining.

Community Interest

Aerial photography and videography for real estate and events are proven strategies to augment marketing efforts and rise business success. The in dustry is not new. However, until recently it was conducted through the use of costly manned aircraft, a unaffordable business activity for small companies. By granting this exemption I would be able to provide affordable services.

Additional , the small UAS will pose no danger to bystanders given its lack of combustible fuel and small size compared to larger manned aircraft. Furthermore , the operation of our UAS will minimize harm to the environment economic growth by providing information to companies a nd the public looking to relocate or build in the surrounding areas Tiny T Photography serves. Private and public events contracted by our business develop liveliness and add culture to the community and its citizens.

Summary

We will comply with all of the following conditions and limitations should this exemption be provided :
1) Operations will be limited to the following aircraft described in the operating documents, which is a quad

- rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 kno ts.

3) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL), All altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the visualline of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC will be designated before the flight an d will not transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made availa ble to the Administrator upon request. Any revisions to the operating documents will be presented to the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection re veals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the pref light inspection. All maintenance and alterations will be properly documented in the aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will und ergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the aircraft records.

9) The pre

- flight inspection section in the operating documents will account for all discrepancies, i.e. inoperable components, item s, or equipment, not already covered in the relevant sections of the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

11) We will carry out mai ntenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours, description of work accomplished, and the sign ature of the authorized person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of t he corrective action taken against discrepancies discovered between inspections.

14) UAS operations will be conducted by a PIC possessing at least a private pilot certificate and at least a current third

- class medical certificate. The PIC will also meet t he flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

15) Prior to operations conducted for the purpose of aerial videography/photography and for real estate listing videos and pu blic and private events and similar operations, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a

mu lti

- rotor UAS.

16) Prior to operations conducted for the purpose of aerial videography/photography and for realestate listing videos and public and private events and similar operations, the PIC will have accumulated and logged, in a manner consistent wi th 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in operations. The PIC will accomplish 3 take

- offs and landings in the preceding 90 days.

17) The PIC will not operate the UAS for the purpose of aeri al videography/photography and for real estate listing videos and public and private events and similar operations, unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner co nsistent with the operating documents, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and
structures.

18) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All oper ations will be conducted under visual meteorological conditions (VMC).

19) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart.

20) The UA will not be operated less than 5 00 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

21) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

23) The PIC will not begin a flight unless (consid ering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 30% battery power remaining.

24) We will obtain an Air Traffic Organization (ATO) issued Certificate of Wa iver or Authorization (COA) prior to conducting any operations, and also request a Notice to Air

- man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

25) Before conducting operations, the radio frequency spectr um used for operation and control of the UA will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

27) The UA will remain clear and yield the right of way to all manned aviation operations and activities at all times.

28) The UAS will not be operated by the PIC from any moving device or vehicle.29) The UA will not be operated over congested or densely populated areas.

30) Flight operations will be conducted at least 500 feet f rom all nonparticipating persons, vessels, vehicles, and structures unless:

a) Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. We will ensure that nonparticipating
p ersons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b) The aircraft is operated near vessels, vehicles or structur es where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c) Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

31) All operations will 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

. 32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

Accordingly, I respectfully request that the FAA grant the requested exemption with the information provided. Shall you have any further questions or need additional information, please contact me at the information below.

Thank you,

B rett A. Steele Owner Tiny T Photography 6132 E 100 N Angola, IN 46703 brett@tinytphotography.com (260) 316

- 5479