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Zachary A. Rogal T: 1+936-520-6501

tcapllc@yahoo.com December 5th, 2015

U. S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE, Washington, DC 20590

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

from: 14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 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 CFR 91.151 (a); 14

CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R.

Part 11, Third Coast Aerial Photography, LLC, operator of Small Unmanned Aircraft Systems (“sUASs”)

equipped to conduct aerial videography and photography for the private and commercial real estate, 

communication tower and photogrammetry industries, hereby applies for an exemption from the listed

Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, 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.

As described more fully below, the requested exemption would permit the operation of small, unmanned

and relatively inexpensive sUAS under controlled conditions in the NAS that is 1) limited 2) predetermined

3) controlled as to access. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s (the FAAAdministrator’s) responsibilities to “...establish requirements for the

safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Third Coast Aerial Photography, LLC

Zachary A. Rogal

Jonathan E. Whistler

Phone: 936-520-6501

Email: tcapllc@yahoo.com 

Address: 18702 Prince William Ln.

Houston, TX 77058
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Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 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 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through

(c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of

the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is

required to determine which types of sUASs do not create a hazard to users of the NAS or the public or

pose a threat to national security in light of the following:

• The sUAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas;

• Operation of the sUAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “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.” Id. §333(c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that

includes sUASs, 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. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a)

(1).

Third Coast Aerial Photography, LLC’s sUAS is a custom-built rotorcraft similar to DJI’s line of quad rotors,

weighing 55 or fewer lbs. including payload. The aircraft consists of a Tarot 650 frame, Naza-M V2 flight 

controller, 4 x Sunny Sky V2814-11 700kv brushless motors, and a Trunigy 6000 mah battery. It operates

under normal conditions at a speed of no more than 50 knots and has the capability to hover and move in

the vertical and horizontal plane simultaneously. It will operate only within visual line of sight and only within

a predetermined and closed off property area under the permission of the property owner or his/her

representative. Such operations will insure that the sUAS will “not create a hazard to users of the national
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airspace system or the public” as per the Reform Act Section 333 (b).

Given the small size of the sUAS involved and the restricted sterile environment within which they will

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which

Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to

commence immediately. Also due to the size of the sUAS and the restricted areas in which the relevant

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, reduction in environmental impacts, including reduced emissions associated

with allowing sUASs for movie and commercial videography operations, the grant of the requested

exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the

requested exemption without delay.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The applicant 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 are conducted on closed off property under the permission of the property owner or

property representative.

These limitations and conditions to which Third Coast Aerial Photography, LLC agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated

at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200

feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot, and the Visual Observer.

6. sUAS Pilot will be Pilot in Command (PIC). If the PIC deems another operator to be qualified

with the necessary skills to be PIC, that person can also be designated as PIC provided they

have a minimum of 40 hours of flight time with the sUAS.

7. Flights will be operated at a lateral distance of at least 50 feet from any inhabited structures,

buildings, vehicles, vessels, or people not associated with the operation or who have not signed

a waiver in advance of the operation.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s

production activities. It will be mandatory that all personnel involved with the operational duties 

of the flight within the boundaries of the safety perimeter be present for this briefing.

9. The operator will obtain the consent of all persons involved in the filming and ensure that only

consenting persons will be allowed within 100 feet of the flight operation, and this radius may 

be reduced to 30 feet based upon an equivalent level of safety determination. With the

advanced permission of the relevant FSDO, operations at closer range can be approved.

10. Pilot and observer will have been trained in operation of sUAS generally and received up-todate information on the particular sUAS to be operated.

11. The observer designated for any operation will have at least a class 2 medical

certificate.

12. Observer and pilot will at all times be able to communicate by voice, radio, and/or text.
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13. Written and/or oral permission from the relevant property holders or property representatives will

be obtained.

14. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

15. If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to

return to a pre-determined location within the Security Perimeter and land autonomously.

16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather,

or emergencies.

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 sUAS. In all cases, an

analysis of these criteria demonstrates that the sUAS 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 sUAS 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 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, to

provide security for the area of operation as is now done with conventional filming. The FAA will have

advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated

in connection with motion picture and television production, 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 sUAS, 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 light-sport 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," "light-sport," "experimental," or

"provisional," as applicable.

Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed.

Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” will be placed on

the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by

§45.29 (f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS

as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos.

10700, 8738, 10167 and 10167A.
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14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current

operations by requiring the PIC operating the aircraft to have no less than 40 hours of flight time with the

sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled

with no living thing on board. The area of operation is controlled and restricted, and all flights are planned

and coordinated in advance.

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 check lists prior to each flight, as set forth in Sections J, L and Q, 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 sUAS, 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 sUAS will have immediate access to it. The FAA has issued the following

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167,

10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to ensure the safety of

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be

needed. The PIC 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.

sUASs 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 FAAhas approved exemptions for flight training without fully functional dual controls

for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K &

9862A. 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 sUAS

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 sUAS will never operate at higher than 400 AGL with the exception
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that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds

400 feet AGL, the sUAS will not be operated more than 100' above the highest point on the structure. It will

however be operated in a restricted area with security perimeter, where buildings and people will not be

exposed to operations without their pre-obtained consent.

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. 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 weighing 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 the movie industry. In addition, the low-altitude

operations of the sUAS 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 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 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 sUAS provides approximately 35 minutes of powered flight. To meet the 30

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes

in length. Given the limitations on the sUAS’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. See

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151

(a)). 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 sUAS flights to 5 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 30 minutes or 25%

of battery power— whichever happens first. This restriction would be more than adequate to return the

sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

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
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entrance so that it is legible to passengers or crew.

The sUAS 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 sUAS.

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

where the pilot flying the sUAS will have immediate access to them; to the extent they are applicable to the

sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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. 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 small UASs

are very limited in size and will carry a small payload and operate only in restricted 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.

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

accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As

provided in the Operations Manual, the operator will ensure that the sUAS is in working order prior to

initiating flight and perform required maintenance needed.

Additional Views and Information

Of the applicants, Zachary Rogal is an Air Force trained and qualified RPA Sensor Operator with over 3000 

hours. The Chief Pilot, Jonathan Whistler, is an FAA certified single engine land Private Pilot with an 

Instrument rating. Jonathan Whistler is also an Air Force trained and qualified RPA Sensor Operator with 

over 3000 hours.

Privacy

All flights will occur over private or controlled access property with the property representative or owner’s

prior consent and knowledge. If required by the customer filming will be of people who have also

consented to being filmed or otherwise have agreed to be in the area where filming will take place.

All flights will occur in accordance with any state or local laws regarding privacy.

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 for the purposes of conducting aerial videography and

photography for private and commercial real estate, communication towers, and photogrammetry.

Sincerely,

Zachary A. Rogal,

Third Coast Aerial Photography LLC – Co-Founder/Co-Owner