December 21, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Act

To Whom It 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 as may be established by the FAA as 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 quality on TSI

construction projects. The proposed exemption would allow TSI to conduct commercial 

operations of sUAS meeting or exceeding all of the operational and safety requirements 

Congress has set forth in Section 333.

Mailing address and other contact information for applicant:

Tuttle Services, Inc.

Re: Small Unmanned Aircraft Operations

Scot Cox, Superintendent

880 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 21
14 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 Aircraft System:

TSI is petitioning for exemption to operate the DJI Phantom 3 Advanced sUAS by a licensed

private pilot.

Statutory Authority 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 44702-44716 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

・ Whether the sUAS operates within the visual line of sight of the operator

・ Whether 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 national 
airspace 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 the vertical and horizontal plane 

simultaneously. They will operate only in line of sight and will operate only within the sterile 

area. Such operations will ensure that the sUAS will "not create a hazard to users of the 

national airspace system or the public. 

Given the small size of the sUAS involved and the area within which 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 commercial operations of sUAS to 

commence. Also due to the small size of the sUAS and the low altitudes and limited areas in 

which TSI's sUAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 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 reduced 

environment impacts, the grant of the requested exemptions is in the public interest. 

Accordingly, TSI respectfully requests that the FAA grant the requested exemption.

Public Interest:

The use of sUAS can significantly promote safe and effective Construction Project inspection

and tracking. 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 inspection, in addition to providing 

facility security and emergency response reconnaissance. sUAS can also provide high 

resolution aerial imagery, elevation measurement, 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, sUAS could reduce the use of fixed-wing aircraft 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 manned aircraft, or supplementing such flights 

through sUAS operations, presents the potential for a safety increase for TSI's workers and the 

public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy 

used for aerial imaging and data collection over a Construction 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 

structure because the proposed operations represent a safety enhancement to the already safe 
protocols 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 will 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 body of the sUAS.

6. Maximum total flight time for each 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 should that occur prior to the 25 minute 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. The 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 meetings.

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 less 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 Waiver 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 and receive up-to-date information on

the particular sUAS to be operated should updates become available

18. Operations will be limited to TSI Projects. A ‘Sterile Area’ will be provided.

19. Operations will be limited to TSI projects and properties 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).

Description of Specific Regulations:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the DJI Phantom 3 plus under either or both of 

the following provisions: 21.191 Experimental certificates. Experimental certificates are issued 
for the following purposes: (a) Research and development. 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 compliance 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 requirements 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 as well. The aircraft will not carry

persons or property, will not carry fuel, and will only 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,

Page 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 the 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. We 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. Additionally, 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 "Unmanned 

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 operations 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 conduct 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 aircraft 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 91.9 
an approved 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 Action

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 actions 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 similarly 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 operations. The sUAS will never operate at altitude higher than 400' AGL and will 

be limited to the 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 operated. 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 planned flight operations. Compared to 

flight operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. proposed 

herein and flammable fuel, any risk associated with TSI's operations is far less than those 

presently presented with conventional 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: 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 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 20 minutes of powered flight. Given the limitations on the sUAS's proposed 

flight area and the location of its proposed operations within a predetermined area, TSI believes 

that 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 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 sUAS. An equivalent level of safety can be achieved 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 onboard monitoring system and PIC), 

whichever happens first. Because of the limited operating area under which sUAS flights will be 
conducted, 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, Alterations

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 should not apply to TSI. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating 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 400 feet AGL. The 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, should 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 commercially a small unmanned vehicle (10 lbs. or less) for aerial imaging 

and monitoring of Construction Projects.

Approval of exemptions allowing 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 risk 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

aircraft flights. The operation of sUAS, weighing less than 10 lbs., conducted in the strict 

conditions outlined above, will provide 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 ground 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 commercial operation of applicant's sUAS on

Construction Projects.

Sincerely,

Scot Cox, Superintendent

Tuttle Services, Inc.