July 20, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE., Washington, DC 20590

Re: Petition of TonkaFishing, LLC (Nicholas Cox) for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform Act") and 14 C.F.R. Part 11, TonkaFishing, LLC. ("TonkaFishing") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below, to allow commercial filming, cinematography and videography, and augmented real estate listing imagery, using small unmanned aerial vehicles (i.e., "small unmanned aircraft" or “UAS”) . TonkaFishing and it’s owner Nicholas Cox, seek to operate a DJI Phantom 3 Professional in commercially regulated airspace regulated by the Federal Aviation Administration (“FAA”).

TonkaFishing requests that the FA review this petition pursuant to it’s “summary grant” process as the FAA has already granted exemptions in all material respects to this potions to use the DJI Phantom 3 for aerial data collection. See FAA Grant of Exemptions Nos. 11062, 11109, 11112, 11213

Description of Petitioner:

TonkaFishing intends to use the DJI Phantom 3 Professional small UAS for basic aerial film and photography to be used for marketing and advertising creative work. TonkaFishing’s flight operations will be conducted in a controlled area such as grasslands, prairies, lakes and woodlands, or neighborhoods away from spectators, and persons not involved with the creative work. In addition, the filming will be conducted during daylight, at low altitudes within the visual line of sight of the operator. TonkaFishing is owned by Nicholas Cox, who will be the operator of the small UAS (“PIC”). Currently, similar lightweight small UAS’s are legally operated by unmonitored amateur hobbyists with no safety controls in place to prevent issue.

Description of Small UAS:

DJI Phantom 3 Professional is a quad rotor Small Unmanned Aircraft or UAS. The entire aerial device weighs in at 2.82192 pounds, considerably less than 952-992-0299 nick@tonkafishing.com

4570 Dorchester Road Mound, Minnesota
55364 

### TONKAFISHING, LLCthe 55 pound limit defining an Unmanned Aircraft. The Phantom 3 offers complete control with the use of a remote control a Pilot App via an iPhone,

or iPad to a FPV other various levels of control. The device utilizes GPS and sensors to provide features such as “return to home” and a map overview of location. TonkaFishing intends on only using this device within the visual sight line of the operator (“VLOS”), and at altitudes less than 400 feet above ground level (“AGL). Before each flight the Phantom 3 will be inspected to ensure that is in a condition for safe operation. Planned flight will remain at least 500 feet from all non participating persons, vessels, vehicles or structures unless the owner/controller of any vessels vehicles or structures has granted permission for operating closer to those objects and TonkaFishing / Nicholas Cox has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. Anytime operation of the small UAS takes place on private property, permission will be obtained prior to operation.

Description of Exemption Request:

TonkaFishing and its operator (Nicholas Cox), request exemption to use a UAS for aerial data collection (imagery {photography, video).

The specific sections of Title 14 of the Code of Federal Regulations from which TonkaFishing requests exemptions are:

14 CFR 21; 14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b);

14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and,

14 CFR 417 (a) & (b).

Petition and Extent of Release (w/Reasons)

I request an exemption from

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS

61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

The Extent Of Relief that Nicholas Cox seeks 

### TONKAFISHING, LLC1. Extent of Relief that Nicholas Cox seeks regarding Section 61.113 (a) and (b) Private Pilot Privileges and Limitations Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in Command holding a current Private Pilots Certificate to operate the TonkaFishing Phantom 3. The flight would be complimented by a Visual Observer who, along with the pilot, will maintain Visual Line of Sight with the Phantom 3 at all times. All operations conducted will be incidental to Nicholas Cox 's business. The Phantom 3 is not able to carry passengers.

2. Extent of Relief that Nicholas Cox seeks in regards to Section 91.7(a) Civil Aircraft Airworthiness Relief from Section 91.7(a) is requested to allow Nicholas Cox to determine airworthiness of the Phantom 3. As part of this determination the following will be adhered to:

a. Prior to the Phantom 3's flight the PIC will inspect the UA to ensure it is in a condition that will be conducive for a safe flight. The ground control station will be included in the above inspection.

b. Nicholas Cox will follow the DJI Phantom 3’s aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirements.

c. Nicholas Cox will comply with all DJI manufacturer Safety Bulletins.

3. Extent of Relief that Nicholas Cox seeks in regards to Section 91.119 Minimum Safe Altitudes General relief from 91.119 is requested to allow Nicholas Cox to operate the Phantom 3 at altitudes not to exceed 400’ AGL over property. Nicholas Cox will adhere to the following in order to maintain an acceptable level of safety associated with operations over private property:
(a) Nicholas Cox will display signs in the immediate vicinity of operations stating: “Aerial Photography In Progress. Use Caution.”

(b) Nicholas Cox will not allow the Phantom 3 to operate at a speed greater than 35 mph (16 m/s).

(c) Nicholas Cox will be fully trained on the Phantom 3 by adhering to the recommendations contained within the Phantom 3’s operating manual.

(d) Nicholas Cox will be familiar with and able to manually institute the Phantom 3’s Return to Home (RTH) feature. This feature aborts a flight operation and automatically returns the UAS to a predetermined GPS safe point.

(e) Nicholas Cox will not operate over private property without first finding a suitable alternate landing spot on the property. 

### TONKAFISHING, LLC(f) Nicholas Cox will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

(g) Nicholas Cox will utilize a two man flight team consisting of the Pilot in Command (PIC) and a Visual Observer (VO). This team will maintain visual line of sight with the Phantom 3 at all times and remain within hearing of one another.

(h) Nicholas Cox will not permit flight around vessels, vehicles and structures without permission from the owner.

4. Extent of Relief that Nicholas Cox seeks in regards to Section 91.121 Altimeter Settings. Relief from 91.121 is requested because the Phantom 3 utilizes electronic GPS with a barometric sensor. In order to maintain an equal level of safety that 91.121 requires, the PIC of the Nicholas Cox's UAS will abort the flight in the events that the UA loses communications with the GPS signal.

5. Extent of Relief that Nicholas Cox seeks in regards to Section 91.151(b) Fuel Requirements for Flight in VFR Conditions. Relief from 91.151(b) is requested to the extent that allows Nicholas Cox to operate the Phantom 3 up to a point (considering wind and forecast weather conditions) that there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 30% battery power remaining.

6. Extent of Relief that Nicholas Cox seeks in regards to Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), and (a)(2), 91.417(a) and (b) These are all associated a with Airworthiness certificate. Relief from 91.405(a), 91.407(a) (1), and (a)(2), And 91.417(a) and (b) is requested to the extent that allows Nicholas Cox to operate the Phantom 3 Quad-Copter as necessary. These sections are all related to airworthiness certificates of aircraft. There is not currently an airworthiness certificate for small UAS’s. Nicholas Cox would comply in full to any conditions and limitations that the Administrator would place in order to receive an approved Grant of Exemption.

Public Interest

Aerial videography for real estate marketing, and the outdoors industry has been around for a long time through manned fixed wing aircraft andhelicopters, but for small business owners, it’s expense has been costprohibitive. Granting this exemption to Nicholas Cox (TonkaFishing, LLC) would allow me to provide this service at a much lower cost. My UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to manned aircraft. The operation of my UAS will minimize ecological damage and promote economic growth by providing information 

### TONKAFISHING, LLCto companies, homeowners, and consumers looking to operate a business, relocate or build in the state of Minnesota.

Conclusion

As set forth herein, Nicholas Cox seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially within the FAA Commercially Regulated Airspace below 400’ AGL. The Administrator will be assisting small business by granting this petition. In accordance with the FAA Modernization and Reform Act of 2012, Nicholas Cox respectfully requests that the FAA Administrator grants this petition for exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS: 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Sincerely,

Nicholas Cox TonkaFishing, LLC 4570 Dorchester Road Mound, MN 55364 (952) 992-0299 nick@tonkafishing.com 

### TONKAFISHING, LLC