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, LLC
the 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, LLC
1. 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 and 

helicopters, 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, LLC
to 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