UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory Docket No. _______________ **IN THE MA TTER OF THE PETITION FOR EXEMPTION OF:**  **THONE DRONE LLC FOR A**  **N EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**  **TITLE 14 OF THE CODE OF FEDERA L REGULA** **TIONS SECTIONS**  **45.23, 61.113(a) & (b), 91.7(a),**  **91.103, 91.109,**  **91.119**
**, 91.121, 91.151(**  **a ),**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A**  **ND 91.417(a) & (b)**
**, AS**  **WELL A S THE**  **RESTRICTED CA TEGORY**  **AI RWORTHINESS CERTIF**  **ICA TION STA**  **NDA RDS**  **SPECIFIED IN 14 C.F. R. § 21.185 TO OPERA** **TE COMMERCI AL**  **LY UNMA NNED**  **VEHICLE (55LBS OR LE SS).**  **CONCERNING COMMERCIA L**  **OPERA TION O**  **F UNMA**  **NNED AI**  **RCRAFT SYSTEMS PURSUA**  **NT TO SECTION 333 OF THE FAA**  **MODERNIZA TION A**  **ND REFORM A CT OF**  **2012 (PUBLIC LA**  **W 112**

**- 95)**  Submitted on 1 2 / 15/2015 Thone Drone LLC Terry S. Thone, President/Owner/Operator 309 E Lincoln Luverne, MN 56156 507

-449

-4646 info@ thonedrone.com

**TA BLE OF CONTENTS**  NAME AND MAILING ADDRESS

....................................................................... 2 GLOSSARY OF ABBREVIATIONS ............................................................................

. ... 2 BASIS FOR PETIT ION ..........................

............................................................... ........ . .. 3 THE SPECIFIC SECTIONS OF 14 CFR FROM W HICH, THONE DRONE LLC SEEKS EXEMPTION ................................................

..... ....................................... 5 EXTENT, REASON AND INTERESTS OF THE PETITIONER......

.................. ...... . .... 8 THE REASONS WH Y GRANTING THONE DRONE LLC’S REQUEST WO ULD BE IN THE PUBLIC INTEREST ...................................................................................1 1 THE REASONS WH Y GRANTING THE EXEMPTION WO ULD NOT ADVERSELY AFFECT SAFETY.....................................................................

............................... ....... 1 7 SUMMARY

.................................... ..... ............................ . ...... ............................... .......... 2 1 ADDITIONAL INFORMATION.........................................................................2 2 USER MANUAL LINKS

..................................................................................... ... .......... 2 2 PACKING C HECKLIST, PREFLIGHT CHECKLIST , FLIGHT CARD, POSTFLIGHT CHECKLIST AND ACCIDENT REPORT

..................... .......................................23**Name A nd**  **Ad dress Of The Petitioner.** 

The name and address of the Petitioner and point of contact is: Terry S. Thone c/o Thone Drone LLC 309 E Lincoln Luverne, MN 56156 Tel: (507) 449

-4646 Email: info@thonedrone.com

**GLOSSA RY OF**  **ABBREVIA TIONS**  AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CASA Civil Aviation Safety Association CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

**Intended Purchases** Unmanned Aircraft Systems: Presently considering the latter drones but wil l submit for amendment for future considerations. 1) DJI Inspire 2) Yuneec Tornado H920 3) DJI 1000+Thone Drone LLC seeks an exemption to operate UAV systems for compensation or

hire within the NAS. The fore mentioned UAV’s are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electroni c tablet,

smart phone and/or complete base station s

.

All UAs that will be operated by Thone Drone LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft

, as well as 14 C.F.R Part 47, **Aircraft Registration**  , and marked in accordance with 14 CFR Part 45, Identification and Registration Marking (§ 45.23)

.

**BA SIS FOR PETITION**  Petitioner, Thone Drone LLC, pursuant to the provisions of the Federal Aviation Regulations (14 CFR § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, **Special Rules for Certain Unmanned Aircraft Systems**

, hereby petitions the Administrator to commercially operate UASs in the National Airspace System (NAS) , and for an exemption from the requirements of 14 C.F.R §§ **21.185**
**,** 45.23(b), 61.113(a) & (b), 91.7(a)

, **91.103, 91.10**  **9, 91.119** 
**,** 91.121, 91.151( a ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**21.185**
**, 61.113(a) & (b), 91.7(a),**  **91.103, 91.10**  **9, 91.119** 
**, 91.121, 91.151(a), 91.405(a),**  **91.407(a)(1), 91.409(a)(1) & (a)(2),**  **AND 91.417(a) & (b),**

14 C.F.R. § 21.185. Thone Drone seeks relief from the airworthiness certificate requirements of the Federal Aviation Regulations and proposes to commercially operate the UAVs, without an airworthiness certificate, pursuant to specific operating limitations and a Safety Management System (“SMS”). Thone Drone seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 21.185 to the extent that the UAVs have not yet been type certificated by the FAA, may be operated as if they were a restricted category aircraft for a single, defined, special purpose operation

14 C.F.R. § 91.103: Preflight action

. This regulation requires each pilot in command to take ce rtain actions before flight to e nsure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in the Manual. 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. UAVs 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. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and b y the size and speed of the aircraft.In consideration of the speed, weight, size, and limited operating area associated with

the unmanned aircraft and its operation, Thone Drone LLC operation of UASs will meet the con ditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H.

The predefined UAS’s are remotely

- piloted multirotor crafts that usually fly at a speed of 12 mph. The petitioner states that the UAS’s carry neither a pilot nor passenger and will operate within visual line of sight (VLOS) of a trained pilot(PIC) and visual observer (spotter) onl y over uninhabited areas (e.g. fields, wind farms etc

. ) and away from airports (i.e. three nautical miles or more) and populated areas.

Accordingly, Thone Drone LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Thone Drone LLC submits that the requested relief is proper since an equivalent l evel of safety will be ensured. The pe titioner states that given the size, weight, speed, and limited operating area associated with the aircraft and its operation, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is

warra nted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 (Section 333).

Thone Drone LLC wi ll use experienced personnel or technicians to perform maintenance, alterations, or preventat i ve maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log and corresponding Instruction Manual s ).

Furthermore, Thone Drone LLC will docume nt and comply with all maintenance records for all owned and operated UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled **Private pilot privileges and limitations**  : Pilot in command(PIC) , is requested by Thone Drone LLC to the extent necessary to allow a Pilot in Command (PIC) holding a sport pilot or higher level certificate, as well as an airman medical certificate, and who has met the minimum flight

- hour requirements, that the PIC is able to safely operate the U ASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Thone Drone LLC seeks relief from Section 91.7(a), entitled **Civil aircraft airworthiness**  , because the UASs do not require an airworthiness certificate in accordance with 1 4 CFR Part 21, Subpart H. As such, Thone Drone LLC submits that they will ensure that the operated UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log and corresponding Instruction Manual), and that the aircraft are in a condition for safe flight.The petitioner further states that UAS operated without an airworthiness certificate in

the restricted environment and under the conditions and limitations proposed by the petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 14 CFR part 21, Subpart H and not subject to the proposed conditions and limitations.

Thone Drone LLC also seeks an exemption from the requirements of Section 91.121, entitled **Altimeter Settings** , as the UAs will not have a typical baromet ric altimeter onboard. However, altitude information of the UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio comm unications telemetry data link, which downlinks from the UA to the GCS for active moni toring of the flig ht path. This altitude information, combined with Thone Drone LLC’s operation of the Yuneec tornado h920 and DJI Inspire 1 UASs within visual line of s ight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Thone Drone LLC also states that the UAS have or will have a host of onboard safety systems, including: a self

- monitor function (diagnostic before takeoff); global positioning system (GPS) flight control system; lost link safety controls (hover, return to home and lan d); GPS warning/indicators; speed indicators.

Additionally, Thone Drone LLC seeks an exemption from the requirements of Section 91.151( a ), entitled **Fuel requirements** for flight in VFR conditions. Thone Drone LLC submits that safety will not be affected by operation of the UAs during daylight hours in v isual meteorological conditions (VMC) under visual flight rules (VFR), with enough b attery power to fly for a total duration of approximately 80% of battery life to the point of intended landing and, assuming normal cruising speed, to fly after that for the remaining 20% of battery life

. In accordance with 14 CFR § 11.81, Thone D rone LLC provides the following information in support of its petition for exemption: **Reg arding**  **Marking of the A ircraft**  **(§ 45.23)** the petitioner states that even though the UAS’s will have no airworthiness certificate, an exemption is warranted be cause it has no entrance to the cabin, cockpit, or pilot station on which the req uired marking can be displayed and the size limitations of the UAS’s. Given the size of the UAV, two

- inch lettering will be impossible. The word "experimental," may be placed on one of the rotor arms of each UAV, in compliance with §45.29 (f). The equivalent level of safe ty will be provided by having the UAVs marked on their rotor arm as required by §45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the UAV as "experimental,". The FAA has issued the following exemptions to t his regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

**The Specific Sections Of 14 CFR**  **From Which Thone Drone LLC Seeks Exemption.**  **1. Thone Drone LLC Seeks Exemption From The Requirements Of Section Part 21, Subpart H**  14 CFR Part 21, Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 CFR §91.203 (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. **2. Thone Drone LLC Seeks Exemption From The Requirements Of Section 61.113(a) A** **nd (b).** Section 61.113, entitled **Private pilot privileges and limitations** : Pilot in command

, S ub sections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compen sation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC 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. **3. Thone Drone LLC Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled **Civil aircraft airworthiness** , subsection (a), states the following: (a) No person may opera te a civil aircraft unless it is in an airworthy condition. **4. Thone Drone LLC Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled **Altimeter settings** , subsectio n (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by referen ce to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along th e route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported alti meter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropri ate altimeter setting available before departure. **5. Thone Drone LLC Seeks Exemption From The Requirements Of Section 91.151(**  **a ).**  Section 91.151, entitled **Fuel requirem ents for flight in VFR conditions** 

, subsection ( a ), states the following: 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 cruis ing 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 batteries powering most UAV’s commercially used provide approximately 2 5 to 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAV flights would be limited to approximately five (5) minutes in length. Given that this limitation would prohibit the flight of the UAV’s a longer time frame for flight in daylight or night VFR conditi ons is reasonable.**6. Thone Drone LLC Seeks Exemption From The Requirement Of Section**

**91.405(a).** Section 91.405, entitled **Maintenance required**, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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[.] **7. Thone Dro ne LLC Seeks Exemption From The Requirements Of Section**  **91.407(a)(1)** Section 91.407, entitled **Operation after maintenance**, preventive maintenance, Re

-building, or alteration , subsection (a) (1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter [.] **8. Thone Drone LLC Seeks Exemption From The Requirements Of Sec tions**  **91.409(a) (1) A** **nd 91.409(a)(2).** Section 91.409, entitled **Inspections** , subsection (a), states the following: (a) Except as provided in paragraph (c) of this se ction, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworth iness certificate in accordance with part 21 of this chapter. **9. Thone Drone LLC Seeks Exemption From The Requirements Of Sections 91.417(a) a**  **nd 91.417(b).** Section 91.417, entitled **m aintenance**  **inspection s**  , sub sections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the fo llowing records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and oth er required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor

, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administra tor) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate num ber of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airfram e, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection p rogram under which the aircraft and its appliances are maintained. (v) The current status of applicable ai rworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and rev ision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 4 3.9(d) of this chapter for each major alteration to the airframe and curre ntly installed engi nes, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for t he periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by ot her work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until t he defects are repaired and the aircraft is approved for return to service. (4) Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply

.

**EXTENT, REA SON**  **AND INTERESTS OF THE PETITIONER** Petitioner: Terry S. Thone., Owner/President of Thone Drone LLC , a Federally recognized LLC, with a Dun & Bradstreet #. It is my mission to provide my clients with expertise and knowledge in all aspects of picture, video & FLIR, as well as provide them with advanced technologies & solutions that will increase efficiency, productivity and effectiveness. Thone Drone LLC will provide clients with the highest quality digital content for use in the ir commercial, personal, and emergency related projects. Thone Drone LLC has 20 years of professional experience in photography, computers, server, networking and videography and has become recognized as an experienced operator in these fields

. Thone Drone LLC’s operator is in the process of achieving a pilot’s license. The objective of Thone Drone LLC’s aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, utilizing the FAA safety standards. Following are the targeted fields :

• Real Estate Videography and Photography • W edding Videography and Photography • Land survey & appraisals • Equipment Inspections • Roof Inspections • Construction sites before & after • Precision Agricul ture • Tower inspections • Search and Rescue Operations • Emergency operations (fire and police)

**1. Thone Drone LLC seeks exemption from the requirements of section part 21, subpart H** 

Given the size and limited operating area associated with the UAS to be utilized by Thone Drone LLC, an exemption from Part 21 Subpart H meets the requirements of an equiva lent 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 UAS. In all cases, an analysis of these criteria demonstrates that the 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 rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations.

**2 . Extent of relief Thone Drone LLC seeks and the r** **eason Thone Drone LLC seeks relief from**  **section 61.113(a) a nd (b).**  Relief from Section 61.113(a) and (b) entitled **Private pilot privileges and limitations** : Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight opera tions for compensation or hire. This relief is requested since t he limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as P IC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; an d (2) The aircraft does not carry passengers or property fo r compensation or hire. As set forth more fully below, Thone Drone LLC subm its that an equivalent level of safety will be maintained because no PIC will be allowed to operate the UAS unless that P IC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Thone Drone LLC submits that all flights of the proposed UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to T hone Drone LLC' business; and (2) will not carry passengers or property for compensation or hire. **3. Extent of relief Thone Drone LLC seeks and the r eason Thone Drone LLC**  **seeks relief from s**  **ection 91.7(a)**

. **Civil aircraft airworthiness** Relief from Section 91.7(a) entitled **c ivil aircraft airworthiness**  , is requested to the extent required to allow Thone Drone LLC to determine that th e proposed UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance w ith the operating documents (i .e., Aerial Operations Manual, Monthly Maintenance Log, and the proposed UAV’s Manual s ). Thone Drone LLC seeks the requested relief because th e proposed UASs do not require an airworthiness certifica te in accordance with 14 CFR Part 21, Subpart H. Therefore, Thone Drone LLC wil l ensure that the proposed UASs are in airworthy cond ition based upon its compliance with the operating documents (i.e., Monthly Mai ntenance Log, and instruction m anual s ) prio r to everyflight, and furt her, determine that the aircraft are in condition for safe flight, as stated in

the conditions and limitations below. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided. **4. Extent of relief Thone Drone LLC seeks and the r eason Thone Drone LLC**  **seeks relief from s**  **ection 91.121.** Relief from Section 91.121, entitled **Altimeter settings** , may be required to allow flight operations of the proposed UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications teleme try data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires t hat any alti tude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Thone Drone LLC seeks the requested relief because th e proposed UA’s altimeter may be set on the ground to zero feet AGL, rath er than the local barometric pressure or fiel d altitude, before each flight. Considering the limited altitude of the proposed operation s, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations

s tated below. As more fully set forth herein, an equ ivalent level of safety will be maintained since the proposed UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to ea ch flight, and provides the PIC with altitude information of the UA on t he heads

- up display of the GCS. **5. Extent Of Relief Thone Drone LLC Seeks A nd The Reason Thone Drone LLC**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled **Fuel requirements** for flight in VFR conditions, 

### ( a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first p oint 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. (b) No person may begin a flight in a rotorcraft under VFR conditions u nless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. Thone Drone LLC seeks the requ ested relief because w ithout an exemption from Section 91.151(b), the flight time dura tion of the battery powered UAs will severely co nstrain the practicality of any aerial video or still photo flight operations that Thon e Drone LLC proposes to conduct pursuant to this Petition. T he proposed UASs and Thone Drone LLC’s proposed operating limitations, ensure that Thone Drone LLC

, will safely operate the battery powered UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR). **6. Extent Of Relief Thone Drone LLC Seeks A nd The Reason Thone Drone LLC**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd**  **91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417 (a) & (b) only apply to aircraft with an airworthiness certificate, Thone Drone LLC requests relief from these s ections because the UASs do no t require airworthiness certificates. As set forth more fully below . The UASs meet the conditions of FMRA Secti on 333 for operation without an airworthiness certificate. Accordingly, Thone Drone LLC will use trainedtechnicians to perform maintenance, alterations, or preventive ma intenance on the

UASs using the methods, techniques, and practices prescribed in the U AS operating documents (i.e., the Thone Drone LLC Aerial Operations Manual, Monthly Maintenance Log, and proposed instruction m anual s ). Furthermore, Thone D rone LLC

, will document and maintain all maintenance records for the proposed UASs. **The Reasons Why Granting Thone Drone LLC Request Would Be In The Public**  **Interest Of**  **The Public A s A**  **Whole.** Granting the present Petition will further the public interest by allowing Thone D rone LLC, to safely , efficiently, and economically perform aerial video and photography of, real estate, wedding films, special events, precision agriculture, land survey & appraisal, construction sites, equipment & roof inspect ions and landscape over certain areas of the United States. Additionally, use of the proposed UASs will decrease congestion of the NAS, reduce pollution, and provide signi ficant benefits to the economy. Notably, the benefits of Thone Drone LLC’s proposed operation of the proposed UASs will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NA** **S.** The proposed UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount and size of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in t he NAS, congestion around airports caused by arriving and departing airc raft will be reduced. The proposed UAs do not require an airport to takeoff

or land. Likewise, a reduction of manned aircraft conducting aerial video and p hotography missions would result in fewer aircraft that must be handle d by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Publi c Will Benefit From The Safety A**  **nd Efficiency Of The**  **Yuneec tornado h920**  **and DJI Inspire 1 UA Ss.**  Conducting aerial acquisitions with the proposed UAS’s, instead of manned aircraft, will greatly benefit the pub lic by drastically reducing the levels of air a nd noise pollution generated during tra ditional aerial video and still photography flight operations. By using battery power and electric motors, the proposed UASs produce no air pollution, and is the most viable environmentally conscious alternative to th e cabin class, internal combustion engine aircraft that are typically utilized fo r aerial video and photography, that burn approximately 20

- 30 gallons per hour of leaded aviation fuel. The UAs red uce the carbon footprint of aerial acquisitions, also significantly reduce noise pollution, as the UAs a re propelled by battery powered electric motors, rather than an internal combustion engine. By using the proposed UAS’s to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight op erations, will be substantially reduced. Aside from the lack of manned aircraft, the UAs have considerably less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations.**3. Performing A erial Video and Photography**  **Operations With The UA Ss Will**  **Benefit The Economy.** In addition to being safe r and efficient, the UAS s are also an economical alternative to using man ned aircraft to conduct similar aerial operations. As such, operation of the UASs will allow United States based companies, like Thone Drone LLC, to remain competitive and contribute to growth of the U.S. e conomy. Specifically, with the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. **4. There A re No**  **Priv acy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Thone Drone LLC’s proposed operation of the UASs will not i nfringe on any privacy issues. Specifically, the UASs will be operated only in compl iance with operating documents (i.e., the Thone Drone LLC Aerial Operations Manual, Monthly Maintenance Log, and Ins truction Manual) which requires property owner involvement as well as local law enforcement notification , and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 CFR § 91.119 which establishes safe altitudes for operation of civil ai rcraft. Section 91.119(d) allowing 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 UAV that is a multi

- rotor VTOL and the exemption requests authority to operate at altitudes up to 400 ft. AGL, or not mo re than 200 ft. above an elevated platform from which operations are planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAV will never operate at higher than 400 ft . AGL. 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 UAVs as well as the location where they will be 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 affe cted individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk assoc iated with these operations is far less than those presently presented with conventional aircraft operating at or below 400 ft. AGL in the power generation industry. In addition, the low

- altitude operations of the UAVs will ensure separation between these small UAV operations and the operations of conventional aircraft that must comply with Section 91.119.

**E. The Reasons Why**

**Granting The Exemption Would Not A dv** **ersely A**  **ffect Safety, Or How The Exemption Would Provide A**  **Lev el Of Safety** 

**A t Least Equal To That**  **Provided By**

**The Rule From Which Thone Drone LLC Seeks Exemption. 1. Reasons Why**  **The UA** **s Meet The Conditions Of The FAA**  **Modernization and Re**  **form A ct of 2012 (FMRA** **) Section 333.**  In consideration of the size, weight, speed, and limited ope rating area associ ated with the unmanned aircraft and its operation, Thone Drone LLC’s operation of the UAS’s meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance wit h 14 CFR Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airwort hiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to n ational security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

-- In making the determinat

ion under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capabi lity, proximity to airports and populated areas, and operation within vis ual line of sight do not create a hazard to users of the national airspa ce system or the public or pose a threat to national security; and (2) wh ether a certificate of waiver, certificate of authorization, or airworthiness certification under se ction 44 704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft sy stems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems i

n the national airspace system. In seeking this exemption, Thone Drone LLC submits that the proposed UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the proposed UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The P**  **roposed UASs**  **Demonstrate Its Safe Characteristics.**  The proposed UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its siz e, weight, speed, and operational capability. **i. Technical Specifications O f The**  **P roposed**  **UA Ss.**  The technical specifications of the proposed UASs are set forth by the proposed Specifications and Data Sheet, attached hereto as Exhibit A and B

. **ii. The P**  **roposed UA** **Ss A uto**  **nomous Flight A nd**  **Nav igation Modes Enable The**  **UA Ss To Rema**  **in Within A Defined Operational**  **Ar ea.**  The proposed UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and naviga tional modes of the proposed UASs are provided below via internet hyperlinks. **iii. The UA** **Ss A re Designed For**  **Au tomatic Return To Home Point Or Hover In T**  **he Event Of Loss Of The Control**  **Link Or Navigation.**Wh en the Control Link is lost, the UAs will remain stationary, in flight, for 3 seconds or

more. If, after 3 seconds, the UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs w ill return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions for the UAS are set forth at User Manual. **iv. The GCS A nd Its Operation.**  A complete description of the operation and specifications of the GCS and flight control software is provided via the U ser Manuals and are attached

. **b. Flight Operations Of The UA** **Ss A re**  **Limited To The Line Of Sight Of A Certificated**  **Pilot in Command With A Safety**  **Observer.** Thone Drone LLC will only utilize certifi ed pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the UASs. Additionally, a safety observer will assist all pilots during flight time. **c. Flights Of The UA** **Ss Will Be Conducted Pursuant To Specific Operating**  **Limitations.** In seeking this exemp tion, Thone Drone LLC proposes to commercially operate UASs for th e special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption w ill be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight.

 Proposed operations of any other aircraft will require a new petition or a petition to ame nd this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitu de of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated w ithin visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to co mmunicate verbally at all times. Ele ctronic messaging or texting is not permitted during flight operations. The PIC must be d esignated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must

ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based ob stacles/obstructions and is not permitted to opera te the camera or other instruments. 9. The operating documents and the grant of exemptio n must be accessible during UASoperations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the condi tions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outli ned in its operat ing documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also prese nt updated and revise d documents if it petitions for extension or amendment to the gran t of exemption. If the operator determines th at any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if quest ions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been per formed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight

. All m aintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not a lready covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its mai ntenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in serv ice, descri ption of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comp ly with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate an d at least a current third class medical certificate. 18. The operator may not permit any PIC to operate unle ss the PIC meets the operator’s qualification criteria and demonstrates the ability to safely o perate the UAS in

a manner consistent with how the UAS will be operated under t he exemption, including evasive and emergency maneuvers and maintaining appropriate d istances from persons, vessels, vehicles and structures. PIC qualification flight hours must be loggedin a manner consistent with 14 CFR § 61.51(b). Flights for the purp oses of training the

operator’s PICs are permitted under the terms of the exemption. H owe ver, training operations may only be conducted during dedicated training sessions. Dur ing training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, a nd the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical mi les of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The lette r of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statu te miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruis ing speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Wa iver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 CFR part 47, an d have id entification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be

as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Com munications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned avi ation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle.31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operato r trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that

non

- pa rticipating persons remain under such protection. If a situation arises where

non

- participating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehi cles or struct ures where the owner/controller of such vessels, vehicles or structures has granted pe rmission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined tha t it does no t present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or e ssential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the app licable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 ho urs. Accidents must be reported to the National Transportation Safety Board (NTSB) pe r instructions contained on the NT SB W eb site: www.ntsb.gov

. **Reasons Why**

**A n Exemption From The Requirements Of Section 61.113(a) A** **nd (b) Would Not A** **dversely A**  **ffect Safety**

**.** Thone Drone LLC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UASs unles s that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Yuneec tornado h920 or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Thone Drone LLC’s proposed area of operations, and the operating limitatio ns set forth

- above; the parallel nature of priva te pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the UAS, Thone Drone LLC submits that t h e additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmansh ip skills necessary for Thone Drone LLC’s speci fic proposed flight operations. The FAA has previously granted relief from Sectio n 61.113(a) an d (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 110 66, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 1115 6, 11158, 11159, 11160, 11161). Thone Drone LLC will not allow any PIC to operate the UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or UAS training and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with th is e xemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,vehicles and structures. Specifically, the PIC must have accumulated and logged, in a

manner consistent with 14 CFR § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot opera ting the same make and model of UAS to be used for operations under the exem ption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and la ndings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Tho ne Dron e LLC’ proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that pri or to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at leas t 10 hou rs logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No . 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UA S pilot operating the same make and model of UAS to be used for operations und er the exemption. For clarification, the FAA considers these minimum hour requirements to be inclu sive rather than additive; i.e. 5 hours make and model time may be included in the 10 ho urs of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS roto rcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs a nd landings in the preceding 90 days (for currency purposes). The FAA finds tha t at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also fi nds that prior documented flight experience that was obtained in compliance with applicable regulations would sat isfy this requirem ent. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, profi ciency, and experience

- building flights the PIC is required to op erate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Thone Drone LLC will ensure safe operations by not allowing any PIC to operate the proposed UAS unless that PIC has demonstrated, by me eting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the proposed UAS in a manner consistent with the exemption, including evasive and emergency ma neuvers and maintaining appropriate distances from people, vessels,

ve hicles and structures. **3. Reasons Why**

**A n Exemption From The Requirements Of Section 91.7(a)**  **Would Not A dv** **ersely A ffect Safety** 

**.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Thone Drone LLC will ensure that the proposed UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has pre viously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11 080, 11109, 11110, 11112, 11136, 11138, 11150, 11153 , 11156, 11157, 11158, 11159, 11160, 11161).**4. Reasons Why A**  **n Exemption From The Requirements Of Section 91.121 Would Not**  **Ad versely** 

**A ffect Safety** 

**.** The equivalent level of safety established by Section 91.121 will be maintained because the altitude informa tion of the proposed UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Th one Drone LLC’ operation of the UAs wit hin visual line of sight, at or below 500 feet AGL, will ensure a level of safety eq uivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft.

Prior to eac h flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those p resented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 110 80, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why**

**A n Exemption From The Requirements Of Section 91.151(**  **a )**  **Would Not A dv** **e rsely A**  **ffect Safety**

**.** A grant of this exemption would ensure an equivalent level of safety established by 14 CFR Section 91.151( a ) as a result of (1) the technical specifications of the UASs; (2) the lim itations on the proposed flight operations; and (3) th e location of the proposed flight operations. Accordingly, Thone Drone LLC will ensure that it will safely operate the battery powered UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical sp ecifications of the DJI Yuneec h920 Tornado and DJI Inspire 1 UASs; the limitations on the p roposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 CFR Section 91.151( a ). Furthermore , safety will be ensured as the proposed UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the proposed UASs will desce nd and l and automatically. Significantly, previous exemptions grante d by the FAA concerning Section 91.151 establish that safety is not adversely affected whe n the technical characteristics and operating limitations of the UAS are considered. Relief has be en granted for manned aircraft to operate at less than the minimums prescrib ed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 111 09, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why**

**A n Exe**  **mption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),**  **An d 91.417(a) & (b) Would Not A** **dv ersely** **A ffect**  **Safety**

**.**In seeking this exemption, Thone Drone LLC submits that the equivalent level of

safety with regard to the regulatory maintenance and alte ration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)( 2), and 91.417(a) & (b) will be met because Thone Drone LLC will use trained tech nicians to perform maintenance, alterations, or preventi ve maintenance on the UASs usi ng the methods, techniques, and practices prescribed in the operating documents (i .e., the Thone Drone LLC Aerial Operations Manual, Monthly Maintenance Log, and Instruction Manual s ). Furthermore, Th one Drone LLC will document and maintain all maintenance records for the proposed UASs. Since the proposed UASs will be inspected as prescribed by the operating documents, Thone Drone L LC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409( a)( 1), and 91.409(a)(2). A copy of the proposed User Manuals are attached hereto as Exhibit C and D ; a copy of the UAS Maintenance LOG is attached hereto as Exhibit E

. Likewise, the exemption sought will not adversely affect safety because Thone Drone LLC wil l use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintai n an equivalent level of s afety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the proposed UASs will be pe rformed by trained technicians. Maintenance will be documented and maintained utilizi ng the monthly maintenance log. Significantly, previo us exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417 (a) & (b) establish that safety is not adversely affected when the technical characteristi cs and operating limitations of the UAS are considered. In consideration of Thone Drone LLC’s proposed operating limitations, the operating documents, and the technical aspects of the Yuneec tornado h920 and DJI Inspire 1 UAS’s, Thone Drone LLC submits that safety wi ll not be adversely affected by granting exemption from 14 CFR Sections 91.4 05(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previo usly granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemp tion Nos. 11062, 11063, 11064, 11065, 110 66, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA**

**Ma y**  **Prescribe A ny** 

**Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR § 21.16 entitled **Spec ial Conditions**  , Thone Drone LLC requests that the FAA prescribe special conditions for the intended operation of the DJI and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 CFR Part 21, Subpart H, and 14 C.F.R §§ 61. 113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth t he requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the au thority for such UAS to operate without airworthiness certification in accordanc e wit h any requirements that must be established for the safe operati on of the UAS in the NAS. Likewise, the Administrator may prescribesp ecial conditions pursuant to 14 CFR § 21.16, for operation of the Yuneec tornado

h920 and DJI Inspire 1 UASs, since t he airworthiness regulations of 14 CFR Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual d esign features of the aircraft. Section 21.16, entitled **Special Conditions** , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft , aircraft engine, or propeller because of a novel or unusual design feature of the aircraft , aircraft engine or propeller, he prescribes s pecial conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propelle r as the FAA finds necessary to establish a level of safety equivalent to that established in the regul ations. See 14 CFR § 21.16. Therefore, in accordance with FMRA Section 333 and 14 CFR § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the Yuneec tornado h920 and DJI Inspire 1 UASs, which contain such safe ty standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 CFR Part 21, Subpart H, and 14 C.F.R Sections 61 .113(a) & (b), 91.7(a), 91.121, 91. 151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**SUMMA RY**  Thone Drone LLC seeks exemption from the requirements of 14 C.F.R §§ 45.23 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21 and to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Thone Drone LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography fo r the latter : 1) real estate photography 2) wedding videography/special events 3) Tower inspection(cell, wind, water and power) 4) Civil inspection I.E. bridges etc 5) Agricultural inspection including grain elevators, land and crops 6) Construction sites including cranes 7) Ski lifts 8) Roof tops 9) Firefighting and Police reconnaissance (Rock county Fire Chief and Sheriff have been notified of the request for 333 exemption)

**A Brief Description Of The Nature O**  **f The Exemption Thone Drone LLC Seeks:**  This exemption will permit Thone Drone LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.**An y**  **Ad ditional Information, Views, Or A** **rguments A vailable To Support**  **Thone Drone LLC**  **’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Thone Drone LLC’s request for

exem ption may be granted pursuant to the authority of FMRA Section 333 and 14 CFR Part 11, as set forth above. FMRA Section 333 sets forth t he requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authori ty for such UAS to operate without airworthiness certification. As discussed in detail above, Thone Drone LLC will operate the UASs safely in the NAS, without cre ating a hazard to users of the NAS, or the public, or othe rwise pose a threat to national security. It is our intention to be cognizant of the FAA regulations in the controlled area we operate in and to be aware of visual and audio surroundings especially manned aircraft. Thone Drone LLC states the following conditions will be observed in support of its ability to provide at least an equal level of safety or no adverse safety effect to persons or property in the air or on the ground!



## B **elow to manuals for t** **he proposed UAS.**

**YUNEEC TORNA DO H920**  **Manufacturer’s User Manual** User manual can be found at: http://www.yuneec.com/download/manuals/TORNADO

- H920

- User

- Manual

-A5

- (NO

SONY7)

- 20151019.pdf



### DJI Inspire 1 Manufacturer’s User Manual User manual can be found at: https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf



### DJI S1000+ Manufacturer’s User Manual User manual can be found at: http://dl.djicdn.com/downloads/s1000_plus/en/S1000_Plus_User_Manual_v1.2_en.pdf

## The following are the included attachments.

1

- PACKING C HECKLIST...........

...... ..................... ..........................................1

2

- PREFLIGHT CHECKLIST ............................................................................2

3

- FLIGHT CARD ..........................................................................................3

4

- POSTFLIGHT CHECKLIST ...........................................................................4

5

- ACCIDENT REPORT ...................................................................................5



## Signature

Submitted on 12/ 15/2015 Thone Drone LLC Terry S. Thone, President/Owner/Operator 309 E Lincoln Luverne, MN 56156 507

-449

-4646 Email: info@ thonedrone.com