Trentex

Brian Trent

3727 Highway 66 South

Rogersville, TN 37857

(423) 272‐9416

btrent@chartertn.net

March 12, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12‐140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for exemption under Section 333 from 14 CFR Part 21, Subpart H; 14 CFR

61.113 (a) and (b); 14 CFR 91.7(a); 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR

91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409

(a)(2); 14 CFR 91.417 (a) and (b)

Dear Sir or Madam:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act) and 14 CFR Part 11, Trentex (owner Brian Trent, and proposed PIC) hereby

applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow

commercial use of its Small Unmanned Aircraft Systems (SUASs), so long as such

operations are conducted within and under the conditions outlined herein or as may be

established by the FAA as required by Section 333.

An exemption is being requested because (1) existing regulations will burden Trentex (2)

Trentex can provide a level of safety that is equal (or greater than in many cases) to those

provided by existing rules, and (3) the request is in the public interest. The FAA’s authority

to issue exemptions from operating rules, and the Secretary’s authority granted by Section

333 of P.L. 112‐95, Special Rules for Certain Unmanned Aircraft Systems, provide an

opportunity to authorize certain SUAS operations in the National Airspace   System (NAS)

prior to implementation of the SUAS rule. This incremental step will allow Trentex to safely

and legally enter into the NAS.
As described in detail below, the requested exemption would permit Trentex to operate

SUASs under controlled conditions in airspace that is (1) limited (2) predetermined

(3) controlled as to access, and (4) would provide safety enhancements to the already safe

operations of those aircraft of similar size, weight, speed, and operating capability that have

been granted entry into the NAS via the rules in Academy of Model Aeronautics (AMA)

National Aircraft Safety Code.1  Approval of this exemption would thereby greatly enhance

safety and fulfill the Secretary of Transportation’s (the Secretary) responsibilities to

“...establish requirements for the safe operation of such aircraft systems in the national

airspace system” per Section 333 (c) of the Reform Act.

Trentex is requesting exemption from the following regulations:   

14 CFR Part 21, Subpart H

14 CFR 61.23 (a)

14 CFR 61.113 (a) and (b)

14 CFR 91.7(a)

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.405 (a)

14 CFR 91.407 (a)(1)

14 CFR 91.409 (a)(1)

14 CFR 91.409 (a)(2)

14 CFR 91.417 (a) and (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333 (a) through (c) of the Reform Act. This law directs the Secretary to consider whether

certain unmanned aircraft systems may operate safely in the NAS before completion of the

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

Secretary is required to determine which types of UASs do not create a hazard to users of

the NAS, to the public, or pose a threat to national security.

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an

unmanned aircraft system, as a result of its size, weight, speed, operational capability,

proximity to airports and populated areas, and operation within visual line of sight (VLOS)

does not create a hazard to users of the NAS or the public or pose a threat to national

1 See the attached “AmaSafetyCode.pdf” document.
security, and (2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under 49 USC 44704 is required for the operation of civil (non‐

governmental) UASs. Therefore, if the Secretary determines that such vehicles “may

operate safely in the national airspace system, the Secretary shall establish requirements

for the safe operation of such aircraft in the national airspace system”.2

Operation Overview

Trentex’s SUASs are quadcopters, weighing 5 or fewer lbs. (including payload). The SUASs

have the capability to hover and move in the vertical and horizontal planes simultaneously.

They will operate only in visual line of slight (VLOS) and will operate only in tightly controlled

and limited airspace. They are capable of operating at speeds of up to 29 knots, but will be

routinely operated at much lower speeds. They will routinely be operated below 200 feet

above ground level (AGL), and never about 400 feet AGL.

Trentex’s exemption request would permit its commercial operation of SUAS for aerial

photography and videography in tightly controlled and limited airspace. Aerial

photography and videography services will be offered to land surveyors, homeowners,

realtors, home builders, home contractors, and/or home inspectors for use in, but not

limited to, real estate marketing, safer inspections of home exteriors and route planning

for land survey crews. All operations will be conducted on private property and with the

written and/or oral permission of the property owner(s). Operations will always be

conducted in areas that are clear of all people, except the pilot in command (PIC) and the

PIC’s helper(s). Such operations will ensure that the SUAS will “not create a hazard to users

of the national airspace system or the public”.3

Aircraft

Trentex operates Phantom 2 Vision+4 (Phantom) SUASs manufactured by DJI, a well‐known

leader in quadcopter technology. DJI strives to bring new perspectives to aerial work and

help companies accomplish feats safer, faster, and with greater efficiency. They

2 Trentex interprets this provision to place the duty on the Secretary to not only process

applications for exemptions under section 333 of the Reform Act, but for the Secretary to

craft conditions for safe operations of SUAS, if it should be determined that the conditions

set forth herein do not fulfill the statutory requirements for approval. 3 Reform Act Section 333 (b) 4          http://www.dji.com/product/phantom‐2‐vision‐plus
have an unparalleled commitment to R&D, a culture of constant innovation, and a focus on

transforming complex technology into easy‐to‐use devices.

The standard Phantom quadcopter package includes the Phantom itself, camera, gimbal,

propulsion system, flight control system, 5.8 GHz remote controller, and 2.4 GHz Wi‐Fi

communication system. The remote uses a 5.8 GHz frequency to prevent interference with

the video/telemetry channel. This second channel allows for a constant connection with the

Phantom to monitor it via a smartphone or tablet that is attached to the remote controller.

The Phantom is about 1 foot square in size. It has a maximum ascent speed of 11 knots, a

maximum descent speed of 3 knots, and a maximum flight speed of 29 knots. While

operating within VLOS, the remote control has a range of 2,624 feet. The total weight

(including the payload) is 2.74 lbs. 5

The Phantom is equipped with a DJI Naza‐M V2 flight control system. This provides for

incredible ease of use and stability. Pilots can control the Phantom’s movements in many

directions – including pitch (forward and backward), roll (left and right), elevator (up and

down), and yaw (turn left or right). The flight control system can also provide Intelligent

Orientation Control (IOC), failsafe, battery level warnings, and show the aircraft’s current

heading, direction, and approximate distance from home on the on‐screen radar. The built‐

in GPS system aids in stabilizing the aircraft and automatically and safely returns it back to

its home point in any case where communication between the remote control and

quadcopter are lost.  Descent speed will be software limited to 1m/sec during this state.

The Inertial Measurement Unit (IMU) has a built‐in inertial sensor and a barometric

altimeter that measures both attitude (ATTI) and altitude. The inertial measurement tells

the Phantom how it’s tilted. And the gyros tell it if it’s rotating in any particular direction.

The Phantom’s compass read geomagnetic information and assist the Global Positioning

System (GPS) to accurately calculate the position and height of the aircraft. The vertical

hover accuracy is +/‐ 2.6 ft. The horizontal hover accuracy is +/‐ 8.2 ft.

The Phantom has LED flight indicators beneath each of its four rotor arms. The LEDs

illuminate to indicate the status of the flight control system and alert the PIC of any possible

issues.

5         http://www.dji.com/product/phantom‐2‐vision/spec
Such highly advanced capabilities will ensure that the SUASs can be safely operated and

“not create a hazard to users of the national airspace system or the public.”6

Equivalent Level of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace

system in the world and to minimize the risk to the NAS or to persons and property on the

ground, Trentex agrees to be bound by the following limitations and conditions when

conducting commercial operations under an FAA issued exemption:

A. For the purposes of ensuring SUASs will be operated within the standards that the

FAA has allowed in the AMA National Model Aircraft Safety Code:

1. SUASs will not be flown:

a. In a careless or reckless manner.

b. At a location where SUAS activities are prohibited.

2. SUAS pilots will:

a. Yield the right of way to all human‐carrying aircraft.

b. See and avoid all aircraft and a spotter must be used when appropriate7.

c. Not fly higher than 400 feet above ground level or within three (3) miles

of an airport without notifying the airport operator.

d. Not interfere with operations and traffic patterns at any airport, heliport

or seaplane base except where there is a mixed use agreement.

e. Not exceed a takeoff weight of 55 pounds (including payload).

6 Reform Act Section 333 (b)

7 AMA Document #540‐D
f. Ensure the aircraft is identified by affixing the owner’s contact

information to the outside of the SUAS.

g. Not operate SUASs while under the influence of alcohol or while using any

drug that could adversely affect the PIC’s ability to safely control the

model.

h. Not operate SUASs carrying pyrotechnic devices that explode or burn, or

any device which propels a projectile or drops any object that creates a

hazard to persons or property.

3. SUASs will not be flown unless:

a. The aircraft, control system and pilot skills have successfully

demonstrated all maneuvers intended or anticipated prior to the specific

event.

b. An inexperienced pilot is assisted by an experienced pilot.

4. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or

structures and shall avoid endangerment of life and property of others.

5. A successful radio equipment ground‐range check in accordance with

manufacturer’s recommendations will be completed before the first flight of a

new or repaired model aircraft.

6. SUASs must use the radio‐control frequencies currently allowed by the Federal

Communications Commission (FCC).

7. SUASs will not knowingly operate within three (3) miles of any pre‐existing flying

site without a frequency‐management agreement.8

8. Excluding takeoff and landing, no SUASs may be flown outdoors closer than 25

feet to any individual, except for the PIC and the PIC's helper(s) located at the

take‐off site.

8 AMA Documents #922 and #923
9. Under no circumstances may a pilot or other person touch a SUAS in flight while

it is still under power, except to divert it from striking an individual.

10. The PIC of the SUAS shall:

a. Maintain control during the entire flight, maintaining visual contact

without enhancement other than by corrective lenses prescribed for the

pilot.

b. Fly using the assistance of a camera or First‐Person View (FPV) only in

accordance with the procedures outlined in AMA Document #550.

c. Fly using the assistance of autopilot or stabilization system only in

accordance with the procedures outlined in AMA Document #560.

11. The flying area must be clear of all utility wires or poles and an SUAV will not be

flown closer than 50 feet to any above‐ground electric utility lines.

12. The flying area must be clear before the engine is started, except for PIC and the

PIC's helper(s).

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety

Code and in an effort to enhance the safety offered by the already safe operations

mentioned above, Trentex also agrees to be bound by the following limitations

and conditions:

1. Flights will be operated within VLOS of the PIC.

2. Maximum total flight time for each operational flight will be 25 minutes. Flights

will be terminated at 25% battery power reserve should that occur prior to the

25 minute limit.

3. The SUAS will only operate in tightly controlled and limited airspace.
4. A briefing will be conducted in regard to the planned SUAS operations prior to

each flight. It will be mandatory that all personnel who will be performing duties

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

5. The PIC and the PIC’s helper(s) will have been trained in operation of SUAS and

received up‐to‐date information on the particular SUAS to be operated.

6. The pilot and the PIC's helper(s) will at all times be able to communicate by

voice.

7. If the SUAS loses communications or loses its GPS signal, the SUAS will have

capability to return to a pre‐determined location within the security perimeter

and safely land.

8. The SUAS will have the capability to abort a flight in case of unpredicted

obstacles or emergencies.

9. All flights will be conducted on private property and with the written and/or

oral permission of the property owner(s) or responsible party.

10. Flights will always be conducted in areas that are clear of all people, except for

the PIC and the PIC's helper(s).

11. All flights will be conducted outdoors in visual meteorological conditions (VMC)

and never during severe weather conditions.

12. Flights will not occur in weather conditions that prevent the PIC from operating

within visual line‐of‐sight (VLOS) at all times or in weather conditions that

dramatically affect the UAS’s flight (e.g. high winds).

13. If an operation occurs in an area where people could inadvertently enter the

area, an operational border will be established with traffic cones. If it’s not

feasible to use traffic cones due to interference with the

photography/videography, the PIC's helper(s) will be responsible for keeping a

safe perimeter around the operation. The operation will cease immediately and

be rescheduled if it’s impossible to establish a safe perimeter around the

operation.
14. The PIC will be responsible for logging all flights to ensure the comprehensive

preventative maintenance plan can be followed, as described in the

“Preventative Maintenance” section below.

15. The SUAS will not be routinely operated in the proximity of any airports. In any

cases where the SUAS must be operated within three (3) miles of an airport, the

airport operator will be notified before the operation commences.

The operation of SUASs, weighing less than 5 lbs., conducted in the strict conditions as

outlined above, will provide an equivalent level of safety supporting the grant of

exemptions requested herein, including exempting the applicant from the requirements of

Part 21 and allowing commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly

controlled environment. As a result, they offer a much safer way to capture aerial

photography and videography. Furthermore, the proposed operations represent a safety

enhancement to the already safe operations that have been granted by the FAA for the

establishment of the AMA National Model Aircraft Safety Code.

Preflight Action Plan

The PIC will follow a comprehensive pre‐flight checklist to ensure that the SUAS is in a

condition for safe flight. This plan will be improved as needed in order to ensure all known

safety precautions and/or safety precautions suggested by the manufacturer are being

accounted for.

A. Pre‐flight Inspection

1. Check that the remote control, Phantom battery, range extender, and

smartphone/tablet are all fully charged.

2. Verify that the Phantom battery is not swollen or damaged in any way. Clean

the contact needles and pads if necessary.
3. Turn the motor shafts with your fingers and verify they are smooth without

excessive play or binding.

4. Verify that the propellers are mounted tight and correctly. Propellers with a

black top should be mounted on the mount shafts that are black. Propellers

with a silver top should be mounted on the mount shafts that are silver.

Each propeller should spin all the way down onto the motor shaft, then

tightened with the proper manufacturer supplied wrench.

5. Run finger along the edge of edge blade to check for any rough edges or

cracks.

6. Flex both side of the propellers’ blades to check for hairline cracks where the

blades connect in the center of the propeller.

7. Verify that the landing gear is secure (not cracked/broken/loose).

8. Verify that the compass and compass cable is firmly attached to the landing

gear.

9. Verify that the Micro‐SD card has been inserted and formatted.

10. Verify that the damping absorbers are not broken and/or worn.

11. Verify that the anti‐drop pins or ties are in place and locked.

12. Remove the Gimbal guard and camera lens cap.

13. Verify that the camera is secure and clean. Inspect the camera ribbon cables

for tears and/or signs of wear.

14. Verify that the smartphone/tablet’s GPS is enabled.

15. Set the smartphone/tablet to do‐not‐disturb mode to prevent distractions

while flying.
16. Set the smartphone/tablet to forget any Wi‐Fi networks in range in order to

prevent the Wi‐Fi connection from changing mid‐flight.

17. Verify that the smartphone/tablet’s audio is on to ensure the low battery

warning and other alarms can be heard.

B. Power Up

1. Verify that S1 and S2 are in the top position on the remote control.

2. Power on the equipment in the following sequential order:

a. Range Extender (“System” is blinking green; “Power” is solid green)

b. Remote Control (2 beeps to indicate it’s in FCC mode)

c. Insert and start the Phantom battery.

3. Watch the Phantom LED startup sequence for abnormal indications. The rear

LEDs should blink green for at least 10‐15 seconds to indicate that it locked

onto 6+ satellites and has marked the home point (for use by the failsafe

feature).

4. Calibrate the Phantom’s compass.

5. Place the Phantom on an open, flat ground with the battery indicators facing

towards the PIC at least 10 feet away.

C. DJI Vision Application

1. Connect the smartphone/tablet Wi‐Fi to the range extender.

2. Launch the “DJI Vision” application on the smartphone/tablet.
a. Verify that the Wi‐Fi connection is “Phantom‐#####” and is marked

with a green dot.

b. Verify the number of satellites is 6+.

c. Verify the Wi‐Fi signal strength.

d. Verify that the Phantom and range extender batteries are reporting a

full charge.

e. Verify that both the PIC’s and Phantom’s location is the same before

taking off to ensure the home point has been accurately marked.

f. Verify the location of the Phantom in the “Flight Radar”. If it’s not in

the correct position/direction and/or shows a distance of “N/A”, it did

not mark the home point.

g. Use the “Find my Phantom” feature to ensure the blue (home point

location) and red (Phantom location) dots are in the same location on

the screen.

D. Ready to Fly

1. Verify that the remote control antenna is perpendicular to the ground

(pointing skyward).

2. Verify that the front, flat face of the range extender is pointed toward the

Phantom.

3. Verify that the rear LEDs are still slowly blinking green and still connected to

6+ satellites.

4. Start the Phantom motors using the CSC command on the remote control.
5. Verify that the motors are functioning normally, are not making any unusual

noises, vibrations, and are all spinning at the same speed.

6. Verify that the area is still clear of obstructions, people, power lines, etc.

7. Take off and hover at about 6‐8 feet above the takeoff point to verify that the

Phantom has a solid GPS lock. If any abnormalities are noticed (drifting, flying

in circles, etc.), land immediately and repeat the “Pre‐flight Inspection” and

“Power Up” sequences.

8. Verify that the Phantom holds a steady position while yawing 360 degrees.

9. Verify that the Phantom response appropriately to all controls – yaw

left/right, pitch forward/backward, roll left/right, and throttle up/down.

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in order to ensure the

SUAS’s software is up‐to‐date, the batteries are in good health, and the aircraft itself is

always ready for safe flight. 9

Pilot in Command (PIC) Qualifications

The PIC will hold a third class medical certification. Furthermore, the PIC is employed by a

company that requires a security background check to maintain employment.

The PIC holds an Associates of Applied Science degree in Electronics and Control Systems.

Since the SUAS is controlled by a highly advanced computer system and runs on software

that must be configured, updated, and maintained, computer proficiency is a must to ensure

the SUAS is ready to be safely operated in the NAS.  The PIC owns a 22.86 acre private plot10

of land in rural east Tennessee.  It is 8.35 miles from the nearest airstrip and provides a safe

isolated area for flight testing.  The PIC has logged over 44 hours of flight time and over 100

take‐offs and landings without incident over this land.  The PIC has progressed thru the

manufacturers training manual advanced maneuvers and also even more precise tests

designed by the PIC.  The property has sufficient linear dimensions (2600’ max.) to test the

fail safe features and VLOS distances of the SUAS safely and periodically.

_____________________

9 See the “Preventative Maintenance Checklist” on page 41 of the attached

“PhantomGuide.pdf” document.    10 See the attached “Training Land Map” document.
It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed

wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, operating

at 400 feet AGL or lower, within strictly controlled pre‐approved airspace. Since there are  

no standards for either private or commercial SUAS pilot certificates, knowledge of airspace

regulations and dexterity in the control and operation of the SUAS acquired from actual

operation of the aircraft will be the most important factors in establishing an equivalent

level of safety. With that in mind, Trentex proposes that its PIC be required to do the

following prior to the first commercial operation:

1. Perform 20 flights or log 20 hours of flight time (the greater of the two) with the

Phantom.

2. Successfully learn and demonstrate all flight maneuvers in the “Phantom Pilot

Training Guide”.11

3. Study and be familiar with all sections of the “Phantom 2 Vision+ User Manual”.12

4. Study and be familiar with the “AMA Code of Conduct”.

Public Interest

Granting this exemption would benefit the public as a whole. SUASs offer a strong

equivalent level of safety, a reduction in environmental impacts, and are free from the

harmful emissions associated with the manned aircraft that are currently used for aerial

photography and videography. Due to the size of the SUAS and the tightly controlled and

limited airspace in which the SUAS will operate, approval of this application presents no risk

to the public. Furthermore, the public will be able to legally acquire aerial photography and

videography to help in, but not limited to, land surveying, advertising homes for sale,

advertising uninhabited home lots, use of photos and video as an aid when researching

homes for sale on the market, or safely accessing high and/or awkward areas of a home’s

exterior to assess damage that needs to be repaired.  The petitioner will be an ambassador

to the FAA’s difficult task of safely integrating SUAS into the NAS.  The petitioner will point

out to interested parties the correct procedures and requirements for obtaining legal

permission to embark on emerging business opportunities for the SUAS’ capabilities.

11 See the attached

“Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1.pdf”  

12 See the attached “PhantomUserManual.pdf” document.  
Privacy

Since the areas being photographed or filmed will be on private property, accessed only

after given written and/or oral consent by the property owner(s) or responsible parties,

and clear of all people, except for the PIC and the PIC's helper(s), approval of this

application presents no risk to the public privacy.

National Security

Due to the size of the SUAS and the tightly controlled and limited airspace in which the

SUAS will operate, approval of this application presents no risk to national security.  PIC

has passed a security background check for current employment.

Requested Exemptions

Trentex requests exemption from the following regulations since it’s not possible to fully

comply with them, and since attempting to follow them for the purposes of operating a

SUAS would be a burden:

Airworthiness Certificates

14 CFR Part 21, Subpart H

Subpart H 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 Trentex, 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 USC 44701 (f)) and

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the

requirement for an airworthiness certificate, upon consideration of the size, weight,

speed, operational capability, and proximity to airports and populated areas of the

particular SUAS. In all cases, an analysis of these criteria demonstrates that the

SUAS operated without an airworthiness certificate, in the restricted environment

and under the conditions proposed, will be at least as safe, or safer, than a

conventional aircraft operating with an airworthiness certificate without the

restrictions and conditions proposed.
Medical certificates

14 CFR 61.23 (a)

This regulation requires pilots of manned aircraft to hold a medical certificate. The

PIC intends to maintain a valid third class medical certificate.  Since risks associated

with the operation of the proposed SUAS are so diminished from the level of risk

associated with any manned aircraft; the SUAS is of a size, weight, speed, and

operational capabilities which makes it much safer than any manned aircraft; since

operations will occur in tightly controlled and limited airspace; and considering that

all operations will be on private property that is clear of all people, this should

satisfy the FAA safety requirement.  Even in the very rare case of a mishap, the

SUAS being flown will pose significantly less of a threat than manned helicopters

and fixed wing aircraft because the SUASs are a fraction of the size, a fraction of the

weight, will be flown at a fraction of the speed, carry no flammable fuel, and carry

no crew or passengers.  Furthermore, in a worst case scenario of PIC and crew being

totally incapacitated, the SUAS will merely hover until battery capacity reaches 25%

then land on its own.

Private pilot privileges and limitations: Pilot in command

14 CFR 61.113 (a) and (b)

These regulations limit private pilots to non‐commercial operations.  Because the

SUAS will not carry a pilot or passengers; due to the SUAS’s size, weight, speed, and

operational capabilities; and since operations will occur in tightly controlled and

limited airspace, the proposed operations can achieve the equivalent level of safety

of current operations that currently require a commercial pilot’s license.

Furthermore, since there are no standards for either private or commercial SUAS

pilot certificates, knowledge of airspace regulations and dexterity in the control and

operation of the SUAS acquired from actual operation of the aircraft will be the

most important factors in establishing an equivalent level of safety. It cannot be

assumed that a commercial pilot, approved to operate a manned helicopter or fixed

wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle,

operating at 400 feet AGL or lower, within strictly controlled pre‐approved airspace.

Flight instruction

14 CFR 91.109

This regulation provides that no person may operate a civil aircraft (except a

manned free balloon) that is being used for flight instruction unless that aircraft has

fully functioning dual controls.
SUASs and remotely piloted aircraft, by their design do not have fully functional dual

controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of

aircraft and for flight instruction in experimental aircraft. The 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.

Minimum safe altitudes

14 CFR 91.119(c)

This regulation requires an altitude of 500 feet above the surface, except over open

water or sparsely populated areas. In those cases, the aircraft may not be operated

closer than 500 feet to any person, vessel, vehicle, or structure.  This directly conflicts

the PIC’s objective to remain safe distances from other NAS traffic by staying below

the 400 foot AGL limit the petitioner seeks to operate his aircraft.  The petitioner will

maintain the 500 foot distance from individuals other than those closely involved in

the flight activities.

Altimetersettings

14 CFR 91.121

This regulation requires each person operating an aircraft to maintain cruising

altitude by reference to an altimeter that is set “...to the elevation of the departure

airport or an appropriate altimeter setting available before departure.” As the SUAS

may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of safety will be achieved by the

operator by confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

Fuel Requirements for Flight in VFR Conditions

14 CFR 91.151 (a)

This regulation prohibits an individual from beginning “a flight in an airplane under

VFR conditions unless (considering wind and forecast weather conditions) there is

enough fuel to fly to the first point of intended landing, and, assuming normal

cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At

night, to fly after that for at least 45 minutes.”

The battery powering the SUAS provides approximately 25 minutes of powered

flight. That would make it impossible to meet the 30 minute reserve requirement.

Given the limitations on the SUAS’s proposed flight area and the location of its
proposed operations within a predetermined area, a longer time frame for flight in

daylight or night VFR conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25%

of battery power (whichever occurs first). This restriction would be more than

adequate to return the SUAS to its planned landing zone from anywhere in its

limited operating area.

Maintenance Inspections

14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2);

14 CFR 91.417 (a) and (b)

These regulations require that an aircraft operator or owner “shall have that aircraft

inspected as prescribed in subpart E of this part and shall between required

inspections, except as provided in paragraph (c) of this section, have discrepancies

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or

maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply. Maintenance will be accomplished by the

operator pursuant to the aforementioned Phantom user manual and guide. An

equivalent level of safety will be achieved because these small SUASs are very

limited in size, will carry a small payload, and operate only in restricted areas for

limited periods of time. If mechanical issues arise, the SUAS can land immediately

and will be operating from no higher than 400 feet AGL. As outlined in the

aforementioned Pre‐flight Action Plan, the operator will ensure that the SUAS is in

working order prior to initiating flight and perform maintenance as required.

Moreover, the operator is the person most familiar with the aircraft and best suited

to maintain the aircraft in an airworthy condition to provide the equivalent level of

safety.

In accordance with 14 CFR Part 11, the following summary is provided for publication in the

Federal Register:

The applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart

H; 14 CFR 61.113 (a) and (b);14 CFR 91.7(a); 14 CFR 91.109; 14 CFR 91.119(c); 14

CFR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR

91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) to commercially

operate small unmanned aircraft systems (55 lbs. or less) in order to safely and

legally capture aerial photography and videography for use by homeowners,

realtors, land surveyors, home builders, home contractors, and/or home inspectors.
The operation of SUASs conducted in the strict conditions outlined above, will provide an

equivalent and/or greater level of safety supporting the grant of the exemptions requested

herein, including exempting the applicant from the requirements of Part 21 and allowing

commercial operations. These lightweight aircraft operate at slow speeds, close to the

ground, and in a sterile environment, and as a result, are far safer than existing operations

conducted with helicopters operating in close proximity to the ground, people, or other

buildings in the vicinity.

Given the small size of the SUASs involved, the slow speed at which they must be operated

in order to capture photos and videos, and the restricted environment within which they

will operate, the Phantom demonstrates that it can be operated within an equivalent level

of safety in which Congress envisioned that the FAA must, by exemption, allow commercial

operations of SUASs to commence immediately. Also, due to the size of the SUASs and the

restricted areas in which the relevant SUASs will operate, approval of this application

presents no threat to national security. Given the clear direction in Section 333 of the

Reform Act, the authority contained in the Federal Aviation Act, the strong equivalent level

of safety surrounding the proposed operations, the significant public benefit – including

enhanced safety, reduction in environmental impacts, no emissions, ability to legally obtain

aerial photography and videography services – the grant of the requested exemptions is in

the public interest. Accordingly, Trentex respectfully requests that the FAA grant the

requested exemption without delay.

Satisfaction of the criteria provided in Section 333 of the Reform Act – size, weight, speed,

operating capability, proximity to airports and populated areas, operation within the visual

line of sight, public safety, and national security – provide more than adequate justification

to grant Trentex the requested exemption, allowing for commercial operations as described

herewith.

Sincerely,

  Brian Trent

Founder, Trentex   

Enclosures (5)