ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283, San Antonio, TX 78248 www.ProFlyZone.com 210-560- 3566 Page 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION DOCKET MANAGEMENT SYSTEM 1200 NEW JERSEY AVE., SE WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:



### R Phoenix Farms LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF THE FAA REFORM ACT AND PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM TITLE 14 OF THE CODE OF FEDERAL REGULATIONS
SECTIONS C.F.R. Part 21, Subpart H; §§ 45.23; 61.113 (a) & (b); 91.7(a); 91.9 ; 91.103 (b); 91.109; 91.119 (c); 91.121; 91.151(a); 91.203 (a) & (b) 91.405 (a); 91.407(a) (1);

91.409 (a) (1) & (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112- 95)

PETITION FOR RELIEF REQUESTED FOR:



### R Phoenix Farms LLC 4665 142nd Ave Holland, MI 49423 doug@rphoenixfarms.com

BY:

R Phoenix Farms LLC's Consultant ProFlyZone, LLC 1150 N Loop 1604 W Suite #108- 283 San Antonio, TX 78258 www.ProFlyZone.com Support@ProFlyZone.comSubmitted on 16 - Feb - 2016

Page 2 of 19 ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 San Antonio, TX 78248 ( 210 ) 560-3566 www.ProFlyZone.com Table of Contents GLOSSARY OF ABBREVIATIONS

.................................................................................................................................. 3 Background

............................................................................................................................................................. 4 Summary

................................................................................................................................................................................ 4 Expeditious Summary Grant Approval Request

.................................................................................................... 4 Petitioner's Profile

............................................................................................................................................................. 5 Commercial Purpose(s)

................................................................................................................................................... 5 Commitment to Safety

...................................................................................................................................................... 6 R Phoenix Farms LLC's Proposed Flight Limitations

.......................................................................................... 7 Expertise & Experience

.................................................................................................................................................... 8 Pilot in Command

............................................................................................................................................................... 8 UAS Description(s)

............................................................................................................................................................ 9 Regulations from which the Exemption Relief is requested

............................................................. 10 Justification for Exemption Relief

................................................................................................................ 10 14 C.F.R. § 21, Subpart H: Airworthiness Certificates

....................................................................................... 10 14 C.F.R. § 45.23(b): Marking of the Aircraft

........................................................................................................ 11 14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations

.................................................... 11 14 C.F.R. § 91.109: Flight Instruction

....................................................................................................................... 12 14 C.F.R. § 91.103(b): Preflight Actions

.................................................................................................................. 12 14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

................................................................................................... 13 14 C.F.R. § 91.121: Altimeter Settings

...................................................................................................................... 13 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

.................................................... 14 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

.......................... 14 14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

.................................................................................................. 14
14 C.F.R. § 91.9(b): Civil aircraft flight manual, markings, and placard requirements.

...................... 15 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b) Maintenance Inspections

.. 15 Public Interest

..................................................................................................................................................... 15 Level of Safety

...................................................................................................................................................... 16 Summary

............................................................................................................................................................... 16
APPENDIX A

......................................................................................................................................................... 17
Drone Manual References

............................................................................................................................................. 17 Common Drone Manual References

......................................................................................................................... 18 APPENDIX B

......................................................................................................................................................... 19 Motion Picture and Television Flight Operations Manual

............................................................................... 19Submitted on 16 - Feb - 2016

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### GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Air Traffic Organization
AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration

FAR Federal Aviation Regulation
FOM Flight Operations Manuals
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) Section 333
SO Safety Observer
SOP Standard Operating Procedures
sUAS Small Unmanned Aircraft System
sUAV Small Unmanned Aircraft Vehicle
UA Unmanned Aircraft
UAS Unmanned Aircraft System
UAV Unmanned Aircraft Vehicle
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Take

- Off and LandingSubmitted on 16 - Feb - 2016

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## Background Summary

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, R Phoenix Farms LLC respectfully submits that the proposed operations detailed within this petition for exemption qualify for expedited approval under Section 333 of the Reform Act of 2012. The operations outlined herein, and in the Petitioner's manuals, clearly define UAS operations in the NAS that are under appropriately controlled conditions and within secure and sterile zones of operation. Further, the proposed operations pose no significant safety risk to persons or property on the ground, no risk to National Security, and would not constitute as an invasion of any persons reasonable expectation of privacy.
R Phoenix Farms LLC seeks to operate commercially available Unmanned Aircraft System ("UAS") for the purpose of a commercial enterprise as specified below. The requested exemption would permit the operation of a UAS under controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) would provide safety enhancements in the areas in which it will operate, which now depend upon conventional aircraft or risky human excursions at treacherous locations. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator'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.
Expeditious Summary Grant Approval Request
Additionally, pursuant to 14 CFR § 11.87, we request the FAA not to delay action based on the following: 1. This petition for exemption does not set precedent. Previous identical exemption requests have been approved.

2. The requested relief is identical to exemptions granted previously.
3. A delay in action on this petition would adversely affect pending requests for aerial imaging operations and result in lost opportunity and wages for participating crew, and a delay in the public benefit of granting this petition.Submitted on 16 - Feb - 2016

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### In addition, a competitive advantage for unapproved commercial sUAS operators exists and continues to grow every day.

Petitioner's Profile
The Petitioner, R Phoenix Farms LLC has provided the following information regarding intended use.
R Phoenix Farms LLC currently provides agricultural services such as harvesting and fertilizing services, provides and is experienced in soils erosion and sedimentation control regulations and installation. Additionally R Phoenix Farms LLC's owner is an experienced land surveyor in GPS topographic mapping for agricultural and construction projects. R Phoenix Farms LLC will be providing 1.) Agricultural services, scouting/filming/mapping crop lands for erosion, tiling, and swale conditions, weathered and problem areas. Also providing NIVD mapping services for crop health and fertilizer applications. 2.) Civil construction project progress evaluations, bid package site mapping, and soils erosion and sedimentation control monitoring and mapping. 3). Real estate video marketing services. R Phoenix Farms LLC will provide clients and property owners with safe drone operations through licensed pilot operations, our current company safety practices for equipment, operations, and PPE practices and through extensive and up to date drone safety practices and use for pilots, observers, and managers.
Commercial Purpose(s)

R Phoenix Farms LLC requests relief in order to conduct commercial operations including but not limited to bridge inspections, flare stack inspection, utility-power generation system inspections and patrolling, aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity support operations, Aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security of controlled environment of various sites, aerial video and live video feed to assist with search and rescueSubmitted on 16 - Feb - 2016

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### operations under the authority and support of local authority officials, aerial video and photography for public and private use including television, public events, and cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: including high schools, colleges, professional sports, open air events and fairs, research, risk management and assessment, motion picture production 1



### , surface mining, closed set filming 2 

### , disaster and catastrophe events, and/or similar clients/uses. Commitment to Safety
As part of its commitment to safety and innovation, R Phoenix Farms LLC is asking for this exemption in part, to reduce the risk of injury to its employees and contractors who participate in the proposed activities the petitioner requests, including but not limited to damage to agriculture, natural habitat, buildings and other structures within the United States.
Unmanned Aircraft Systems (UASs) operated by R Phoenix Farms LLC weigh less than 55 pounds, including all payload. They operate at speeds of less than 50 knots, can hover, and can move in multiple directions. R Phoenix Farms LLC will only operate its UASs in visual line of sight (VLOS) and will operate only within the sterile environment. Such operations will insure that the UAS will not create a hazard to users of the NAS or the public. Given the small size of the UASs and the restricted area that they will be operated, R Phoenix Farms LLC's UAS operations adhere to the Reform Act's safety requirements.
Additionally, due to the size of the UASs and the limited area in which they will operate, approval of this application presents no national safety concerns. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts in the outdoor setting these UASs will operate leaving no trace of activity behind, the grant of the requested exemption is in the public interest. Accordingly, R Phoenix Farms LLC respectfully requests that the FAA grant the requested exemption. The

1 Motion Picture and Television Flight Operations Manual is herein attached as Appendix B.

2 Motion Picture and Television Flight Operations Manual for closed set filming is herein attached as Appendix B.Submitted on 16 - Feb - 2016

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### operating limitations proposed by R Phoenix Farms LLC provide for a higher level of safety because operations further enhance safety of aerial photography and videography operations compared to using conventional aircraft.

R Phoenix Farms LLC 's Proposed Flight Limitations

1. The UASs will weigh less than 55 pounds

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

3. Maximum flight time for each flight will be 30 minutes or at 25% of battery power reserve, whichever comes first.

4. Flights will be operated at an altitude of no more than 400 feet AGL as indicated by onboard GPS system.

5. Minimum crew for each operation will consist of the UAS pilot and an observer.

6. A UAS pilot will be Pilot in Command (PIC).

7. A UAS pilot will be an FAA licensed airman with at least a sport pilot's certificate.

8. The UAS will only operate within a confined "sterile area. "

9. Establishment of a "Security Perimeter" for the flight operations area.

10. A briefing will be conducted for planned UAS operations prior to each day's flight.

11. All personnel performing duties within the boundaries of the safety perimeter are required to attend.

12. The operator will obtain consent of all persons involved in the flight operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation.

13. The pilot and observer must be trained in UA operations and received current information on the particular UAS to be operated.Submitted on 16 - Feb - 2016

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### 14. The observer and pilot will at all times be able to communicate by voice.

15. Written and/or oral permission from the relevant property holders will be obtained.

16. All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire or other managing governmental agencies.

17. The UAS will operate clear of clouds.

18. If the UAS loses communications, the UAS will and does have the capability to return to a pre-determined location within the Security Perimeter and land safely.

19. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
Expertise & Experience

David Timmer ha s been flying small hobby drones for just over two years without incident in non-commercial endeavors.

Due to R Phoenix Farms LLC's experience, Petitioner is extremely qualified and is considered an up and coming subject matter expert.

Pilot in Command

R Phoenix Farms LLC has identified the following individual(s) whom will be acting as pilot in command during drone operations.

David Timmer Private Pilot, 3505519 trucktimmer@sbcglobal.net (616) 218-5499Submitted on 16 - Feb - 2016

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### UAS Description(s)
The petitioner is seeking an exemption to commercially operate sUAV's makes and models as follows:

3DRobotics Solo

Each separately weighs 55 lbs. or less, with imaging payload and applicable equipment.
Equipment operation manuals for each sUAV are linked for your reference and are considered confidential information for each respective company's UAS.

Name and address of the Petitioner
R Phoenix Farms LLC 4665 142nd Ave Holland, MI 49423
Please direct any question or comment regarding this petition to Petitioner's Consultant:Submitted on 16 - Feb - 2016

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### ProFlyZone, LLC 1150 N Loop 1604 W Suite #108-283 San Antonio, TX 78258 www.ProFlyZone.com Support@ProFlyZone.com



## Regulations from which the Exemption Relief is requested R Phoenix Farms LLC seeks exemption from the requirements of: 14 C.F.R. Part 21, Subpart H 14 C.F.R. § 45.23 14 C.F.R. § 61.113 (a) & (b) 14 C.F.R. § 91.7 (a) 14 C.F.R. § 91.9 14 C.F.R. § 91.103 (b) 14 C.F.R. § 91.109 (b) 14 C.F.R. § 91.119 (c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151 (a) 14 C.F.R. § 91. 203 (a) & (b) 14 C.F.R. § 91.405 (a) 14 C.F.R. § 407 (a) (1) 14 C.F.R. § 409 (a) (1) & (2) 14 C.F.R. § 417 (a) & (b)



## Justification for Exemption Relief

14 C.F.R. § 21, Subpart H: Airworthiness Certificates
R Phoenix Farms LLC is seeking relief from this regulation which 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,Submitted on 16 - Feb - 2016

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### 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 limited 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 within a relatively small area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Pilot/"Operator" and the visual observer. These safety enhancements, which already apply to civil aircraft operated to conduct aerial videography and photography services, 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 threat to national security posed by the sUAS, due to its size, speed of operation, limited operational area, 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
R Phoenix Farms LLC is seeking relief from this regulation. 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 UAS will have no airworthiness certificate, an exemption may be needed as the UAS 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 FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.
14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and LimitationsSubmitted on 16 - Feb - 2016

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### R Phoenix Farms LLC is seeking relief from this regulation, as the requirement for a Commercial Pilot License with a second class medical would be an unnecessary burden on the operator with regard to obtaining and certifying UA pilots. The UAS will not carry a pilot or passengers, and the proposed operations can achieve the equivalent level of safety by requiring the pilot to possess a private pilot's license only. This level of knowledge and skill combined with the proposed operating procedures described in the operations manual (VLOS only, closed-set requirements, etc.) will more than adequately allow safe operation within the national airspace system, and with regard to persons or property on the ground. The additional knowledge and skill requirements for a Commercial Pilot's license do not add any level of safety with respect to closed set small UAS operations in the same manner they do with full scale, passenge r carrying aircraft.
An equivalent or greater level of safety is achieved by requiring UA pilots to operate

un der the restrictions of the Proposed Flight Limitations listed above.
14 C.F.R. § 91.109: Flight Instruction
R Phoenix Farms LLC is seeking relief from this regulation which 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 communication. 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.

An equivalent level of safety is 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. § 91.103(b): Preflight Actions
R Phoenix Farms LLC is seeking relief from this regulation which provides that for any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information... The information the PIC is required to review prior to flight operations, such as runway lengths and takeoff and landing distance data, do not apply to the operations of these UAS unmanned systems. Furthermore, theSubmitted on 16 - Feb - 2016

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### operations manual will not be kept on board the aircraft as noted by the petitioners request for relief from § 91.9(b) below.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.
R Phoenix Farms LLC is seeking relief from this regulation which 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 Above Ground Level (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, except for the limited conditions stated in the operations manual, the UAS will not operate at higher than 400 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 preobtained notification and consent when required.

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be made without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the flight 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 55 lbs. proposed herein and carrying flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations and horizontal separation from airports will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.
14 C.F.R. § 91.121: Altimeter Settings
R Phoenix Farms LLC is seeking relief from this regulation, as the UA will not have a barometric altimeter. Section 91.121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "... to an elevation of the departure airport or an appropriate altimeter setting available before departure." As a UAS may not have a barometric altimeter, but instead a GPS altitude, an exemption is needed.Submitted on 16 - Feb - 2016

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### An equivalent level of safety will be achieved by the operator, pursuant to the operations manual, 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
R Phoenix Farms LLC is seeking relief from the fuel requirements of this FAR as current battery technology allows the UA to fly for app ro ximately 15-30 minutes in normal conditions. As 91.151(a) requires a 30 minute reserve AFTER reaching the point of intended landing, there is no practical flight possible under this regulation.
An equivalent or greater level of safety exists as the exact battery level remaining is transmitted to the pilot via radio telemetry, and given that the operating area for the UA is in close proximity to the pilot (VLOS), an unsafe condition where the UA i s unable to return for landing due to low battery condition is easily avoidable. Additionally, should a defective battery prematurely deplete, the UA is configured to auto land above the point at which the flight controller detects low voltage. And, as part of the R Phoenix Farms LLC Proposed Flight Limitations, it is a requirement that any flight be terminated if telemetry is lost. Otherwise, a flight limit of 30 minutes or 25% battery remaining is prescribed.
14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration
R Phoenix Farms LLC is seeking relief from this regulation which requires that an airworthiness certificate be displayed in the cabin. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability to place or carry certification and registration documents or to display them on the sUAS. Each sUAS operated by R Phoenix Farms LLC will be registered with the FAA and all documentation carried by the PIC.
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. § 91.7(a): Civil aircraft airworthiness.Submitted on 16 - Feb - 2016

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### R Phoenix Farms LLC is seeking relief from this regulation which requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthiness of the UA. Given the size of the aircraft and the requirements that the Operator has agreed to as it relates to airworthiness, as contained in the manual.
An equivalent level of safety will be achieved by insuring compliance with the manuals prior to each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.
14 C.F.R. § 91.9(b): Civil aircraft flight manual, markings, and placard requirements.
R Phoenix Farms LLC is seeking relief from this regulation because the drone(s) cannot carry the approved Rotorcraft Flight Manual onboard. Furthermore, since these drones are unmanned, the flight crew members are located at the ground control station.
An equivalent level of safety will be achieved by insuring compliance with the manuals prior to each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b) Maintenance Inspections
R Phoenix Farms LLC is seeking relief from the above stated FAR's as the UA will not have an airworthiness certificate. Therefore there is no requirement to perform an inspection in order to maintain airworthiness as stated in drone operations manual to Part 43 for 100 hr. and annual inspections.
An equivalent level of safety will be achieved by insuring compliance with the manuals prior to each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.



## Public InterestSubmitted on 16 - Feb - 2016

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### R Phoenix Farms LLC believes that allowing commercial use of small, unmanned aircraft will enhance the safety of operations by reducing the risk associated with low altitude full-size aircraft operations. A manned, turbine powered helicopter operating in close proximity to personnel on the ground has a far greater risk of injury than a small, lightweight UA carrying no combustible fuel, especially when the UA is operating within the parameters of the R Phoenix Farms LLC Proposed Flight Limitations. Additionally, the safe integration of sUAS within the national airspace is a growing concern amongst pilots, the FAA, and general public. This exemption would provide a safe stepping-stone to a more robust set of future sUAS rules.



## Level of Safety An equivalent level of safety is provided for as outlined for each of the FAR's above for which relief is sought.



## Summary

R Phoenix Farms LLC seeks exemption from the following rules for the commercial operation of a small unmanned aerial system in order to conduct commercial operations for the purposes listed above. Photography and videography will be of people who have consented to being filmed or otherwise have agreed to be in the area where filming will take place. Satisfaction of the criteria provided in Sectio n 333 of the Reform Act of 2012 size, weight, speed, operating capabilities, proximity to airports and populated areas, 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 in accordance with the drone(s) operations manual.Submitted on 16 - Feb - 2016

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## APPENDIX A

Drone Manual References
R Phoenix Farms LLC maintain copies of all drone(s) operation manuals. The most up to date versions can be referenced by the URLs listed below.

3DRobotics Solo https://3drobotics.com/wp-content/uploads/2015/07/v4_07_07_15.pdfSubmitted on 16 - Feb - 2016

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### Common Drone Manual References DJI - Phantom 2 http://download.dji-innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.2_en.pdf

DJI - Phantom 3 http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.0_en.pdf

DJI - Inspire 1 http://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

DJI

– Spreading Wings S900 http://dl.djicdn.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf

DJI

– Spreading Wings S1000 http://download.dji-innovations.com/downloads/s1000/en/S1000_User_Manual_v1.00_en.pdf

DJI

– Matrics 100 http://download.dji-innovations.com/downloads/dev/Matrice/en/M100_User_Manual_v1.0_en.pdf

Blade 350 QX3 https://www.horizonhobby.com/pdf/BLH8100-Manual-EN.pdf

3DRobotics X8 https://3drobotics.com/wp-content/uploads/2014/03/RTF- X8 -Manual-V2.pdf

3DRobotics Iris https://3drobotics.com/wp-content/uploads/2014/04/IRIS-Operation-Manual-v6.pdf

3DRobotics Solo https://3drobotics.com/wp-content/uploads/2015/07/v4_07_07_15.pdf

SenseFly eBee https://www.sensefly.com/fileadmin/user_upload/sensefly/documents/manuals/Extende d_User_Manual_eBee_and_eBee_Ag_v16.pdf

Yuneec Q500 Typhon https://www.yuneec.com/download/manuals/typhoon_q500_instruction_manual_v2.1.pdf

DraganFlyer X4- ES http://www.cabezon.com/wp-content/uploads/UAV_Manuals/x4es-7x7-manual-v21.pdf

Trimble UX5 http://kmcgeo.com/Products/Gatewing/UX5AerialImagingUserGuide_100A.pdf

Microdrones MD4 https://www.microdrones.com/fileadmin/web/Images/produkte/md4-1000/md4-1000- flyer_EN.pdfSubmitted on 16 - Feb - 2016

Page 19 of 19 ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 San Antonio, TX 78248 ( 210 ) 560-3566 www.ProFlyZone.com 

## APPENDIX B

Motion Picture and Television Flight Operations Manual
The Motion Picture and Television Flight Operations Manual is contained within a separate attachment labeled R Phoenix Farms LLC 's Motion Picture and Television Flight Operations Manual that has been submitted with this document.16 - Feb - 2016 Version 1.0 1 

# Motion Picture and Television Flight Operation Manual

R Phoenix Farms LLC 4665 142nd Ave Holland, MI 49423 doug@rphoenixfarms.com16 - Feb - 2016 Version 1.0 2



## Table of Contents

1. Introduction

1. Purpose 4 2. Pilot/Operator Organization 4 3. Persons Authorized 4 4. Area of Operations 4 5. Plan of Activities 5 6. Permission to Operate 5 7. Security 6 8. Briefing of Pilot/Production Personnel 6 9. Certification/Airworthiness 7 10. Pilot Personnel/Minimum Requirements 7 11. Communications 8 12. Accident Notification 8 13. Recall/Stop Procedures 8 14. Aerobatic Competency 8 15. Special Provisions 9 

### 2. Company Organization

1. Chief Pilot 9 2. Pilot in Command 10
Appendix A: List of Approved Pilots 11
Appendix B: List of Approved Aircraft 11
Appendix C: Sample Permission Letter 12
Appendix D: Sample Revision Letter 13
Appendix E: COA (Certification of Waiver) Form 7711-2 1416 - Feb - 2016 Version 1.0 3



## Revision Control Page

Revision# Date Initials

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________16 - Feb - 2016 Version 1.0 4



## 1. Introduction

A. Purpose
This manual has been developed by R Phoenix Farms LLC
, hereafter referred to as " R Phoenix Farms LLC ", in conjunction with an application for a Certificate of Waiver of Authorization of the provisions of FAR 91.119 (b) and (c) for the purposes of filming. Operator pilots and other company personnel when applicable will comply with the policies, procedures and conditions of this manual, whenever motion picture or television flight operations are performed that require a Waiver of Authorization as mentioned above.



### B. Pilot/Operator Organization

David Timmer Priv ate Pilot, 3505519 truck timmer@sbcglobal.net (616) 218-5499



### C. Person s Authorized

FAR 91.119 (c) is waived o nly with re spe ct to those p erson s, vehicles and structu res directly in volved in t he p erformance o f t he actua l filming

. The certificate holder shall ensu re tha t no p ersons a re allowed w ith in 500 f eet o f the
area e xcept t hose c onsenting t o b e in volved a nd necessary f or the filming production

. This provision ma y b e re duced t o no le ss than 2 00 feet i f an equivalen t level o f safety ca n b e achieved and t he A dministrator has approved it

. For example, a n e quivalen t level o f safety m ay b e d etermined b y a n ASI's evaluation of t he filming p roduction a rea t o n ote t erra in features, o bstructions, building s, etc. S uch b arriers may p rote ct nonparticipating p ersons (observers, the publi c, news media
, etc.) from debris in t he e ven t of a n a ccident.16 - Feb - 2016 Version 1.0 5



### D. Area of Operations

R Phoenix Farms LLC 's approved area of operations will be the continental United States, including Alaska and Hawaii.



### E. Plan o f Activities

A t least t hree (3 ) days prior to a ny sch eduled filming will submit a w ritten plan of activ ities to t he lo cal FSDO having ju risdiction o ver that a rea

. The p lan o f activ ities shou ld include t he following:

1. (1) Dates and times for all flights. 2. (2) Name and phone number of person responsible for the filming pr oduction event. 3. (3) Name and phone number of person responsible for aircraft. 4. (4) Make, model, and serial or N-number of aircraft to be used and type of airworthiness certificate, including category. 5. (5) Name and certificate number of pilots involved in the filming production event, including any notation of external load endorsements or aerobatic competency, if required. 6. (6) A statement that the waiver holder has obtained permission from property owners and/or local officials to conduct the filming production event. The list of those who gave permission must be made available to the inspector upon request from the waiver holder. 7. (7) Signature of waiver holder or representative. 8. (8) A description of the flight activity including maps or diagrams of any area, city, town, county, and/or State over which filming will be conducted and the minimum altitudes essential to accomplish the operations.
The three (3) day notification equipments may be waived, however, the operator should contact the FSDO as soon as possible with this request and be prepared to explain in detail why the three (3) day notification is not practical. 

### F. Permission to Operate
Before any flight operations is conducted at less than 500 feet under the provisions of the certificate of waiver and this manual, the operator will obtain permission to conduct these operations from property owners and local officials as necessary or appropriate. Persons from whom permission may be required are listed below:
(1) Property owners (2) Law enforcement officials (3) Fire department officials (4) Local, State and Federal government (5) Air traffic control16 - Feb - 2016 Version 1.0 6

The personnel obtaining such permission will do so in writing whenever practical, however, verbal permission is acceptable otherwise. A standard permission form is provided in Appendix A and may be used when obtaining written permission. personnel will assure a sufficient number of those forms are available at the job site. Written permission forms will be maintained at the job site until flight operations are completed, and then turned into the chief pilot to be kept on file for a minimum of six (6) months. These forms will be made available for inspection by the FAA or other official personnel upon request. 

### G. Security
Prior to any flight operation the operator will coordinate with appropriate production personnel to devise a plan of securing the area(s) of operation from all unauthorized persons and vehicles. Provisions will be made to immediately discontinue operations should the area(s) become unsecured or for any other reason in the interest of safety. 

### H. Briefing of Pilot/Production Personnel
Prior to the start of any operation under the provisions of this manual, the pilot in command will conduct a briefing of all procedures to participating personnel of the risks involved, emergency procedures, and safeguards to be followed during the filming production event. Personnel will also be briefed on additional provisions that may be issued by the FSDO that has geographic responsibility for the operational area, including the location of boundaries or time limits. The briefing shall cover:
• Authorization for motion picture and television certificate of waiver and the attached special provisions
• Operations manual • Plan of activities • Ai rcraft parking and starting
• Taxi procedures • Radio Communications • Takeoff procedures
• Aviation activities to be conducted during the filming production event
• Approach and landing procedures • Recall pr ocedures • Emergency procedures

• Risks to participating personnel • How to control nonparticipating persons16 - Feb - 2016 Version 1.0 7



### I. Certification/Airworthiness
All aircraft used in operations requiring a waiver of FAR 91 .119 (b) and (c) for the purpose of filming will be properly certified and hold airworthiness certificates
, or have appropriate Section 333 Waivers for small unmanned aerial vehicles (sUAVs). However, restricted category aircraft cannot be used as the filming "vehicle" in motion picture and television filming. Also, aircraft in the experimental category must have an airworthiness certificate issued for the purpose of exhibition in order to be used in motion picture and television filming. The aircraft will be 100hr/annual inspection program. Other required tests and inspections (transponder, E.L.T., etc.) will be performed as per Part 91 when necessary. Each aircraft will have a flight log containing upcoming scheduled maintenance and inspections and the dates or times they must be performed. A section for discrepancies is also found in the flight log. The pilot in command will assure the aircraft to be flown is in airworthy condition and all required inspections and maintenance has been completed before each flight. 

### J. Pilot Personnel/Minimum Requirements
The pilot/operator shall establish and specify the minimum pilot requirements. Minimum requirements shall meet or exceed the following:

1. (1) A current U.S. pilot certificate with ratings appropriate to the category, class and type (if applicable) of aircraft to be used under the terms of the waiver. 2. (2) At least 500 hours logged as PIC and at least 20 hours logged as the PIC in the aircraft type or as applicable under a sUAV Section 333 Waiver. 3. (3) A minimum of 100 hours in the category and class of aircraft to be used or as applicable under a sUAV Section 333 Waiver. 4. (4) A minimum of 5 hours in the make and model aircraft to be used under the waiver. 5. (5) In the event that the 1,500-foot minimum standard contained in the 14 CFR 91.303(e) is to be waived, the pilot performing aerobatic maneuvers must hold FAA Form 8710-7, Statement of Acrobatic Competency, to perform the operations.
(6) In the event the operation to be conducted contains elements of an externalload operation, whether fixed or rotary wing operations, pilots used in the operation shall be qualified. This qualification may be obtained through a knowledge test (which may be oral and/written) and/or skill. The inspector or another company pilot approved by the geographically responsible FSDO who is qualified to carry loads externally will give the test(s) which are similar to part 133 requirements and cover the following subjects:

1. (a) Steps to be taken before starting operations, including a survey of the Flight area.16 - Feb - 2016 Version 1.0 8 2. (b) Proper method of loading, rigging, or attaching the external load. 3. (c) Aircraft performance capabilities under motion picture operating procedures and the aircraft flight manual. 4. (d) Proper instructions for flight and ground crew personnel. 5. (e) Aircraft flight manual, pilot operations handbook, or a rotorcraft-load combination flight manual and limitations, if appropriate.


### K. Communications
Prior to the start of any operation covered by this manual, the pilot in command will formulate a plan to provide communications capability to all participants during the actual operation and filming. Oral, visual or radio communications may be used as long as it is effective and is capable of keeping the participants continuously appraised of the current status of the operation.


### L. Accident Notification
Should an accident or incident requiring notification of the NTSB occur, the notification requirements of FAR Part 830 would be complied with

. 

### M. Recall/Stop Procedures
Radio communication, oral, visual or a combination will be utilized to keep the participants continuously apprised of the current status of operation. 

### N. Aerobatic Competency
If the filming operations require the issuance of FAA Form 8710-7, Statement of Aerobatic Competency, refer to Volume 5, Chapter 9, Issue/Renew/Rescind a Statement of Aerobatic Competency.16 - Feb - 2016 Version 1.0 9



### O. Special Provisions
The controls, procedures, and conditions set forth in the motion picture and television operations manual is the primary assurance that persons on the surface will not be jeopardized.
The aircraft and pilots used under this authorization and/or waiver will only be those specified in the motion picture and television operations manual ("Appendix A" page 11 ) or associated plan of activities. Each pilot's name and certificate number shall appear on each daily plan of activity. All civil aircraft and pilot(s) participating in the activity shall be available for FAA inspection before the scheduled event.
Each pilot- in -command conducting operations authorized under this certificate understands the conditions of issuance, and that it constitutes a waiver of FAR 91.119 (b) and (c) (see attached document under "Appendix E" page 14 )

Rotorcraf t takeoff and la nding a reas will be p rotected in a manner tha t will prevent unauthorized persons from entering the takeoff and landing area.

R Phoenix Farms LLC will ensure that the participating persons involved in the operations are thoroughly briefed on special procedures, communication, emergency procedures, and on the provisions of the authorization and/or waiver before beginning the activities. No person may participate in any event unless that person has received a briefing on the provisions of the waiver.


## 2. Company Organization

A. Chief Pilot
Duties and Responsibilities:

• Final word in the formulation of policy and procedures concerning this manual.
• Act as liaison between and the FAA on matter concerning this manual.
• Assure that each approved pilot is issued a copy of this manual and o btain a signed statement from each that they have read and understand its contents.
• Maintain a current copy of this manual at the main base of operations for .
• Responsible for assuring that all revisions to this manual are distributed and processed properly.16 - Feb - 2016 Version 1.0 10

• Must approve or disapprove each proposed job or operation performed by under the provisions of this manual.
• Assume the responsibilities of pilot in command when acting as such.
• The chief pilot may delegate functions to other personnel bu t retains responsibility.


### B. Pilot in Command
Duties and Responsibilities:

 Assure that aircraft to be flown is in airworthy condition and all inspections and required maintenance have been performed as per appropriate FAR's.

 Acquire permission from the chief pilot before any operation under the provisions of this manual.

 Be very knowledgeable of the contents of this manual and abide by the procedures, policies and conditions contained herein.

 Coordinate with movie and television personnel to formulate plans, routes, locations, etc. with safety of all persons involved in the primary concern.

 Maintain their copy of this manual in current condition and have it on site at any job or operation requiring the waiver.

 The pilot in command may delegate functions to other personnel, but retains responsibility.16 - Feb - 2016 Version 1.0 11



## Appendix A List of Approved Pilots

David Timmer Private Pilot, 3505519 trucktimmer@sbcglobal.net (616) 218-5499



## Appendix B List of Approved Aircraft

3DRobotics Solo16 - Feb - 2016 Version 1.0 12



## Appendix C
Permission Acquisition Form

In signing this form, I am giving the pilots of R Phoenix Farms LLC p ermission to operate their aircraft at less than 500 feet from property, or in some jurisdiction in which I am responsible for or affiliated with, for the purpose of film or television production.

Name: Title: Basis of Authority to Grant Permission: Location: Date of Operation:
Signature__________________________________ Date

__________________ Representative Receiving Permission

_______________________________________________________________16 - Feb - 2016 Version 1.0 13



## Appendix D

Revision Letter
Rev# Section Page Action Remarks Initials

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________ R Remove and Replace D Delete and Destroy N Insert New Page
Manual Serial# ___________________ Issued To ________________________
Revised By ___________________________Date _______________________

*This form must be returned to the Chief Pilot no later than ____

__________________16 - Feb - 2016 Version 1.0 14



## Appendix E (see attached form 7711-2)