February 10, 2015

Kevin Weaver

Tuefur Films, LLC

1183 Bridge Street

Manchester, NH 03104

(603) 305 5172

Kevin@tuefurfilms.com

U.S. Department of

Transportation Docket

Management System

1200 New Jersey Ave,

SE Washington, DC

20590

Re: Section 333 of the FAA Reform Act of

2012 Dear Administrator,

Tuefur films, LLC, herein referred to as (the petitioner), am writing pursuant to the FAA

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to

request that the petitioner, Tuefur Films LLC, an owner and operator of small unmanned

aircraft system (sUAS), petition for exemption from the Federal Aviation Regulations listed

below and any regulation as required by the FAA that is deemed necessary in order to

conduct commercial UAS operations as described.

The requested exemption would permit the petitioner to pursue, safe, professional, for profit

services to private and public entities within the State of New Hampshire and adjoining

states utilizing a small unmanned aircraft system (sUAS) for aerial still and video data

capture for, but not limited to the following purpose:

1. Aerial photography and/or video for public and/or private use including

real estate, architecture, land surveying, engineering and other related

professional activities.

2. Aerial video and/or photography for public and/or private use including

television, public events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under

contract with the owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search

and rescue operations in cases of an emergency or natural disaster only when the

local authorities or government has requested it.
The proposed services are offered with the intent of enhancing the development and safe

operation of unmanned aircraft systems. The use of UAS could fulfill a service to consumers

and small entities that would otherwise not exist due to the risks and costs involved with

manned aircraft.

The UAS’s to be utilized during the operations are a highly successful consumer grade small

rotorcraft in the quad copter and octo copter configuration manufactured by DJI and have

the manufactures model designation Phantom 3, Inspire 1, and Spreading Wings S1000.

These UAS’s utilize an internal inertial measuring unit (IMU) with integrated barometric

sensor augmented with global positioning system (GPS) to maintain its geospatial

orientation and position. They are controlled primarily through an FCC certified radio

control (RC) unit. Real time video and telemetry information is transmitted back to a ground

control station allowing the operator and/or PIC to monitor battery level, GPS signal

strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle.

They have failsafe modes of operation for either loss of RC or GPS signal. Altitude can be

limited by the onboard flight controller and maximum altitude can be preprogrammed by the

PIC. Battery life limits flight times to approximately 15­25 minutes. The onboard flight

controller will warn the pilot via telemetry and external lighting cues before reaching a low

battery state. An automatic termination of flight and landing will be initiated when the

battery reaches a predetermined low state.

In addition to the requirements already set forth by C.F.R. Title 14 and the applicable

FAR, The petitioner will,

(1) Only operate the DJI Phantom 3, DJI Inspire 1, or DJI Spreading Wings S1000 when

weighing less than 55 pounds including payload.

(2) Not use this equipment for purposes of closed­set motion picture and filming.

(3) Operate at speeds not exceeding 100 miles per hour or maximum operating speed

recommended by the aircraft manufacturer.

(4) Operate at an altitude no greater than 400 feet (AGL) above the ground.

(5) Only operate its UA in direct visual line of sight of the pilot and observer without use

of a visual aid other than corrective lenses.

(6) Utilize a visual observer (VO) for all UA operations.

(7) Operate with due vigilance and known practiced see and avoid scanning techniques to

avoid any conflicts with manned or other UAS aircraft that may enter the UAS

operating area. The UAS flight will be immediately terminated if a potential conflict

may exist.

(8) Maintain and ispect the UAS to ensure that that it is in a condition for safe operation

befor each flight.

(9) Terminate flight when any unsafe condition exists.
(10) Follow UAS manufacturer's maintenance, overhaul, replacement, inspection, and life

limits for the aircraft.

(11) Comply with all manufacturer's safety bulletins.

(12) Ensure that the PIC holds 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 will also

meet the flight review requirements specified in14 CFR § 61.56 in an aircraft in which the

PIC is rated on his or her pilot certificate.

(13)Ensure that the PIC demonstrates the ability to safely operate the UAS in a manner

consistent with how the UAS will be operated under this exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from persons,

vessels, vehicles and structures.

(14)Ensure that UAS operations are not conducted during night.

(15)Ensure that the UA does not operate within 5 nautical miles of an airport reference

point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for

airports not denoted with an ARP, the center of the airport symbol as denoted on the

current FAA­published aeronautical chart, unless a letter of agreement with that airport’s

management is obtained or otherwise permitted by a COA issued.

(16)Ensure that the The UA is not operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

(17)Ensure that if the UAS loses communications or loses its GPS signal, the UA will

return to a pre­determined location within the private or controlled­access property.

(18)Ensure that a flight does not begin unless (considering wind and forecast weather

conditions) there is enough available power for the UA to conduct the intended

operation and to operate after that for at least 5 minutes or with the reserve power

recommended by the manufacturer if greater.

(19)Ensure that all operations are conducted in accordance with an Air Traffic

Organization (ATO)­issued Certificate of Waiver or Authorization (COA).

(20)Ensure that all aircraft operated in accordance with this exemption will be identified by

serial number, registered in accordance with 14 CFR part 47, and have identification

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will

be as large as practicable.

(21) Ensure that the proper documentation of the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating, and be

made available to the Administrator or any law enforcement official upon request.
(22)Ensure that the UA will remain clear and give way to all manned aviation operations

and activities at all times.

(23) Ensure that the UAS is not operated by the PIC from any moving device or vehicle.

(24)Ensure that all Flight operations are conducted at least 500 feet from all

nonparticipating persons, vessels, vehicles, and structures.

(25)Ensure that all operations shall be conducted over private or controlled­access property

with permission from the property owner/controller or authorized representative.

(26) Ensure that any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA is

reported to the FAA's UAS Integration Office (AFS−80) within 24 hours.

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)&(b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

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)

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 of the 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 small UAS. In all cases, an analysis of these criteria demonstrates that the small

UAS operated without an airworthiness certificate, in the restricted environment and under

the conditions proposed 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 small UAS 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 and designated area. Unlike other civil aircraft, operations under

this exemption will be tightly controlled and monitored by both the operator and under the

requirements and in compliance with local public safety requirements. These safety

enhancements 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.

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

credible threat to national security posed by the small UAS, 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 light­sport 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.

Identification (N­Number) Markings will be marked as large as practicable.

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

Pursuant to 14 CFR 61.113 (a)&(b), no person who holds a private pilot certificate may act as a

pilot in command of an aircraft that is carrying passengers or property for compensation or hire.

Because our small UAS’s do not carry any pilots or passengers nor property, the proposed

operations can achieve the equivalent level of safety of current operations by requiring the PIC

operating the aircraft to have a private pilot’s certificate rather than a commercial pilot’s certificate

to operate the UAS, therefore I am seeking an exemption to 14 CFR 61.113(a)&(b). The risks

attendant to the operation of small UAS is far less than the risk levels inherent in the commercial

activities outlined in 14 CFR 61. I feel the operation and limitations set forth will equate to the safe

operation of the small UAS.

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 for maintenance and use of safety checklists prior to each

flight an equivalent level of safety will be provided.

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 ... (2)

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 small UAS, 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 small UAS will have immediate access to it.
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. The OPERATOR 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. §91.109: Flight Instruction.

Section 91.103 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. Small UAS and remotely piloted aircraft, by their design do not have fully

functional dual controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of aircraft

and for flight instruction in experimental aircraft. The equivalent level of safety provided by

the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and

speed of the aircraft.

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 helicopters 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 is for a small UAS that is a helicopter and the exemption requests

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated

platform from which filming is planned, an exemption may be needed to allow such

operations. As set forth herein, the small UAS will never operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the small

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

permission of the property owner or local officials. Because of the advance notice to the

property owner and participants in the filming activity, all affected individuals will be aware

of the planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable

fuel, any risk associated with these operations is far less than those presently presented with

conventional aircraft operating at or below 500 AGL. In addition, the low­altitude operations

of the small UAS will ensure separation between these small 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 available before departure.” As the small UAS 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 safety check list

and live flight data monitoring, 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 small UAS provides approximately 25 minutes of

powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS

flights would be limited to approximately 10 minutes in length. Given the limitations on the

small 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 twilight VFR conditions is

reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the

scope of prior exemptions. 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 engender the type of risks that

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

Additionally, limiting small UAS 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 20 minutes or 20% of battery power— whichever

happens first. This restriction would be more than adequate to return the small UAS to its

planned landing zone from anywhere in its limited operating area.

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:

(1) An appropriate and current airworthiness certificate. . . .

(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.

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an

onboard pilot. As such, there is no ability or place to carry certification and registration

documents or to display them on the small UAS.

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

control point where the pilot flying the small UAS will have immediate access to them; to the

extent they are applicable to the small UAS.

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. The petitioner will complete all authorized

component replacements at the petitioner’s base of operations or in the field as required. The

manufacturer or authorized repair center will complete any maintenance or repairs that

cannot be completed by the petitioner. An equivalent level of safety will be achieved

because the UAS is very limited in size and will carry a small payload and operate only in

restricted areas for a limited period of time. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 feet AGL. The operator will

ensure that the UAS 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.

An equivalent level of safety will be achieved because maintenance and inspections will

be performed in accordance with the UAS Manufacturer's User Manual. The operator will

ensure that the UAS is in working order prior to initiating flight and perform required

maintenance as needed.

Thank you for your consideration of this request. If there are any areas that have not been

addressed, please contact the petitioner for supplemental information.

Sincerely,

Kevin Weaver

Tuefur Films, LLC

1183 Bridge Street

Manchester, NH 03104

(603) 305 5172

Kevin@tuefurfilms.com