December 21, 2015

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

Re: Request for Issuance of Exemption Under Title 14 CFR, Section 333 of the FAA Reform Act

To W hom I t May Concern,

Pursuant to the Section 333 of the FAA Modernization Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Tuttle Services, Inc. (“TSI”) hereby applies for an exemption from the listed Federal Aviation Regulations ( “ FAR’s ” ) to allow commercial operation of its Small Unmanned Aircraft Systems (“ sUAS ”) for aerial imaging and safety and quality monitoring of construction projects. This so long as such operations are conducted within and under the conditions outlined herein or a s may be established by the FAA a s required by the section 333 of the Reform Act.
As detailed in this document , the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would enhance safety of workers and general public , and increase quali ty on TSI construction projects. The proposed exemption would allow TSI to conduct commercial operations of sUAS meeting or excee ding all of the operational and safety requirements Congress h as set forth in Section 333. **Mailing address and other contact information for applicant**  **:** Tuttle Services, Inc. Re: Small Unmanned Aircraft Operations Scot Cox , Superintendent
88 0 Shawnee Road, Lima, Ohio 45805 Ph: (419) 228

- 6262
Email: scotc@touchstonecpm.com

**Regulations from which the exemption is requested:**
14 C.F.R. Part 2114 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109
14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 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)
**Unmanned A ircraft Sy** **stem:** TSI is petitioning for exemption to operate the DJI Phantom 3 Advanced sUAS by a licensed private pilot. **Statutory**

**A uthority** 

**for Exemptions:** The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUAS , from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

-447 16 of this Title if the Administrator finds the exemption in the public interest.3 Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System ("NAS") without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

・ The sUAS's size, weight, speed, and operational capability

・ Wh ether the sUAS operates within the visual line of sight of the operator

・ Wh ether the sUAS operates outside of highly populated areas and away from close proximity to airports. If the Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the nationalairspace system. TSI’s proposed sUAS are multi

- rotor vehicles, weighing less than 10 lbs.

including payload. They will operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in th e vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only within th e sterile area. Such operations will ensure that the sUAS will "not create a hazard to users of the national airspace system or the public.
G iven the small size of the sUAS involved and the area within wh ich they will operate, TSI 's application falls within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow co mmercial operations of sUAS to commence. Also due to the small size of the s UAS and the low altitudes a nd limited areas in wh ich TSI 's sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Secti on 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety and re duced environment impa cts, the grant of the requested exemptions is in the publ ic interest. Accordingly, TSI respectfully requests that the FAA grant the requested exemption.

**Public Interest:** The use of sUAS can significantly promote safe an d effective Construction Project inspection and trackin g. For example, the use of sUAS can reduce the risk to workers while inspecting, surveying, or monitoring installation of work that requires ladders, scaffolds or other potentially hazardous means of elevated access. sUAS can inspect , photograph, video and collect data on inaccessible areas that otherwise would require worker inspe ction, in addition to providing facility security and emergency response reconnaissance. sUAS can also provide high resolution aerial imagery, elevation mea surement, mapping, and thermal imagery data. Reducing manned flight and human inspection of such sites through sUAS use for site imaging will reduce risk to workers and ground personnel and create an improved safety operating environment. Additionally, s UAS could reduce the use of fixed

-wing airc raft to monitor sites. The sUAS TSI proposes to fly in this application weigh less than 10 pounds, and carry no combustible material on board. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a sUAS on Construction Projects . Reducing the use of mann ed aircraft, or supplementing such flights through sUAS operations, presents the potential for a safety increase for TSI 's worke rs and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging an d data collection over a Constructi on Project . Operation of lightweight sUAS powered by rechargeable lithium ion batteries offers improved efficiencies as compared to the operation of other aircraft and vehicles that consume gasoline and present a significantly louder noise signature. The reduction of fixed

-wing aircraft to monitor Construction Projects also reduces the risk associated with human involvement and potential injury in aerial flyovers. **Equivalent level of safety :**  TSI proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory stru cture because the proposed operations represent a safety enhancement to the already safeprotocols followed at our Construction Projects and imaging and surveying operations

conducted with other conventional aircraft. TSI will be bound by the following limitations when conducting its sUAS operations under this FAA issued exemption: 1. The sUAS will weigh less than 10 pounds. 2. Flights will be operated within visual line of sight of a pilot and/or observer. 3. The sUAS wil l operate during daylight

- only times (official sunrise to official sunset, local time. 4. The sUAS will yield right

- of

-way to other aircraft at all times. 5. The sUAS will be registered with the FAA and will include appropriate markings and labels on the b ody of the sUAS. 6. Maximum total flight time for ea ch operational flight will be 25 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve sh ould that occur prior to the 25 m inute limit. 7. Flights will be operated at an altitude of no more than 400 feet AGL. 8. Minimum crew for each operation will consist of the trained sUAS Pilot who will keep the sUAS within his visual line of sight (VLOS) at all times and one visual observer (VO). The VO and PIC will be able to communicate verbally at all times. 9. The sUAS Pilot will be trained in flight, operations, and safety procedures . The PIC will be a licensed Private Pilot. 10. sUAS Pilot will be Pilot in Command (PIC). 11. T he sUAS will only operate within a confined "Sterile Area" to limit the ability of the sUAS to leave the Construction Project

. 12. Notification of flight operations to personnel at the facility will be made through posted signs and / or onsite Job Safety me etings. 13. Notification of flight operations to the operator of TSI 's manned aerial patrol flights prior to flight commencement. 14. The sUAS will not be operated at a distance from clouds less than 500' below or 2000' horizontal, or when visibility is l ess than 3 statute miles. 15. TSI will notify the FAA’s Air Traffic Organization (ATO) or local regulating authority of proposed flight plans. If necessary, the operator will obtain a Certificate of W aiver or Authorization (COA) from the FAA's Air Traffic Organization (ATO) prior to conducting any operations. 16. TSI will follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 17. Pilot will have been trained in operation of the sUAS an d receive up

-to

-date information on the particular sUAS to be operated should updates become available 18. Operations will b e limited to TSI Projects. A ‘Sterile Area’ will be provided

. 19. Operations will be limited to TSI projects and propert ies at which full Owner approval and authorization to leverage the sUAS has been granted. 20. If the sUAS loses communications or loses its GPS signal, it will have the capability to automatically and safely return to a pre

- coordinated, pre

- determined location within the Security Perimeter and land with a predictable, automated flight maneuver. 21 . The radio frequency spectrum used for operation and control of the UAS will comply with the rules and regulations of the Federal Communications Commission (FCC). **Des cription of Specific Regulations:**  **14 CFR Part 21, A irw**  **orthiness Certificates** This part establishes the procedures for the issuance of an airworthiness certificate. W hile the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be iss ued for the DJI Phantom 3 plus under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issuedfor the following purposes: **(a) Research and devel** **opment**

. 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 com pliance 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 requirem ents 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 a s well. The aircraft will not carry persons or property, will not carry fuel, and will on ly fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA 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, Pa ge 7 and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14 C.F.R. 45.23 (b)Display of Marks and 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 t he cabin, cockpit, or pilot station. The sUAV 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. W e 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 (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additional ly, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Un manned 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 Commercial Pilot privileges and limitations:**  The regulations provide that no person that holds a Private Pilot certificate may act as a 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 operati ons require that the PIC must hold at least a Private Pilot Certificate 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 con duct a business.
**14 C** 

**. F** 

**. R** 

**. 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 FAR’s, this regulation should be inapplicable
**14 C.F.R. 91.9 Civil airc**  **raft flight manual, marking, and placard requirements:** This regulation provides that no person may operate and aircraft unless a current, approved flight manual is in the aircraft. To obtain an equivalent level of safety and meet the intent of 91.9an app roved Flight Manual will be available for the crew at the ground station anytime the sUAS

is preparing for or in flight. **14 C.F.R. 91.103 Preflight A ction**  This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other action s in the Preflight Checklist in the DJI Phantom 3 Owner’s Manual. These actions will provide an equivalent level of safety.
**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. This exemption is for a multi

- rotor craft that flies simil arly to a helicopter, with vertical take

- off and vertical landing, which will operate at altitudes up to 400' AGL, so an exemption may be needed to allow such operation s. T he sUAS will never operate at altitude higher than 400' AGL and will be limited to t he area with the security perimeter, where buildings and people will not be exposed to operations without their notification as described herein. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is opera ted. Flights will be over TSI properties and projects at which third party access is controlled and Owner authorization is approved. Because of the advance notice to onsite personnel all affected individuals will be aware of the p lanned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than t he maximum 10 lbs. proposed herein and flammable fuel, any risk associated with TSI 's operations is far less than those presently presented with con ventional aircraft. In addition, the low

- altitude operations of the sUAS will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119
**14 C.F.R. 91.121: A** **ltimeter settings** This regul ation 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 sUAS 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 Addendum and Safety Check list, 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) outlines fuel requirements for beginning a flight in VFR conditions. TSI 's sUAS is limited to operations in sterile and controlled environments , and has a limited range and flight time which require an exemption from 14 C.F.R.91.151(a). The battery powering the sUAS provides over 2 0 minutes of powered flight. Given the limitations o n the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, TS I believes th at an exemption from 14 C.F.R. 91.151(a) falls within the scope of prior exemptions. Operating the sUAS, in a controlled area with les s than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the s ize and speed of the sUAS. An equivalent level of safety can be a chieved by limiting flights to 20 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onbo ard monitoring system and PIC), wh ichever happens first. Because of the limited operating area u nder which sUAS flights will becondu cted, this restriction will be more than adequate to ensure return of the sUAS to its

planned landing zone. **14 C.F.R. Subpart E (91.401**
**- 91.407): Maintenance, Preventive Maintenance, A** **lterations** 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 s hall 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 s ections should not apply to TSI . Maintenance will be accomplished by the operator pursua nt to the flight manual and operati ng handbook. An equivalent level of safety will be achieved because these sUAS are very limited in size and will carry a small payload and operate only in authorized areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 4 00 feet AGL. T he operator will ensure that the sUAS 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.

********** Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, s hould it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §§ 61.113( a) & (b);91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409; (a) (2) and 91.417 (a) & (b) to operate commercia lly a small unmanned vehicle (10 lbs. or less) for aerial imaging and mo nitoring of Construction Projects. Approval of exemptions allowin g commercial operations of sUAS to monitor, inspect and improve quality on Construction Projects will enhance safety by reducing risk. Conventional aerial monitoring by aircraft impacts the environment. In contrast, a sUAS weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that ri sk and environmental impact given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned a ircraft flights. The operation of sUAS , we ighing less than 10 lbs., conducted in the strict conditions outlined above, will provid e an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are safer than conventional operations conducted with fixed

-wing aircraft operating in close proximity to the gro und and people. **Privacy :**  All flights will occur over TSI Projects at which third party access is controlled, Owner notification and approval is granted, and onsite personnel will be notified of the sUAS flyover. Any images of individuals will have consented to being filmed, or otherwise agreed to be in the area where aerial photography will take place.

**********Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

—size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercia l operation of applica nt's sUAS on Construction Projects.
Sincerely,

Scot Cox, Superintendent Tuttle Services, Inc

.