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.com
Submitted on 16 - Feb - 2016 

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

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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 Landing
Submitted on 16 - Feb - 2016 

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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 rescue 
Submitted on 16 - Feb - 2016 

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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 production1

, 

surface mining, closed set filming2

, 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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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 

Page 8 of 19

ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 has 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) 218-5499
Submitted on 16 - Feb - 2016 

Page 9 of 19

ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 

Page 10 of 19

ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 Limitations 
Submitted on 16 - Feb - 2016 

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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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, passenger carrying aircraft. 

An equivalent or greater level of safety is achieved by requiring UA pilots to operate 

under 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, the 
Submitted on 16 - Feb - 2016 

Page 13 of 19

ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 approximately 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 is 

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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ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 Interest
Submitted on 16 - Feb - 2016 

Page 16 of 19

ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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 Section 

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 

Page 17 of 19

ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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.pdf
Submitted on 16 - Feb - 2016 

Page 18 of 19

ProFlyZone, LLC 1150 N Loop 1604 W Suite 108-283 

San Antonio, TX 78248 

(210) 560-3566

www.ProFlyZone.com

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.pdf
Submitted 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.com 
16 - 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 14
16 - 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 

Private Pilot, 3505519 

trucktimmer@sbcglobal.net

(616) 218-5499

C. Persons Authorized

FAR 91.119 (c) is waived only with respect to those persons, vehicles and 

structures directly involved in the performance of the actual filming. The 

certificate holder shall ensure that no persons are allowed within 500 feet of the 

area except those consenting to be involved and necessary for the filming 

production. This provision may be reduced to no less than 200 feet if an 

equivalent level of safety can be achieved and the Administrator has approved it. 

For example, an equivalent level of safety may be determined by an ASI's 

evaluation of the filming production area to note terrain features, obstructions, 

buildings, etc. Such barriers may protect nonparticipating persons (observers, the 

public, news media, etc.) from debris in the event of an accident. 
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 of Activities

At least three (3) days prior to any scheduled filming will submit a written plan of 

activities to the local FSDO having jurisdiction over that area. The plan of 

activities should include the following: 

1. (1) Dates and times for all flights.

2. (2) Name and phone number of person responsible for the filming

production 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 control
16 - 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

• Aircraft parking and starting

• Taxi procedures

• Radio Communications

• Takeoff procedures

• Aviation activities to be conducted during the filming production event

• Approach and landing procedures

• Recall procedures

• Emergency procedures

• Risks to participating personnel

• How to control nonparticipating persons
16 - 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) 

Rotorcraft takeoff and landing areas will be protected in a manner that 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 obtain 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 but 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 Solo
16 - 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 permission 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)