## Total Air Group Section 333 Exemption Petition

Dear Sir/Madam, Referencing the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, Total Air Group (a.k.a. TAG), an owner and operator of small unmanned aircraft systems (sUASs), requests to be exempted from the Federal Aviation Regulations (FARs) listed below so that it may safely and legally operate small ultra lightweight unmanned aircraft systems (sUASs) in the national airspace (NAS) regulated by the Federal Aviation Administration (FAA). Following exemption and approval by the FAA, TAG wi ll be responsible for the Pilot in Command (PIC) of a professionally built, camera - equipped DJI Phantom 2 Vision + sUAS for the following applications : creating of real

- estate listing videos, educational videos, property inspections for private and public entities including federal, state, and local agencies, provided that such operations are conducted within and under the conditions outlined or as may be established by the FAA as required by Section 333. Granting exemption to TAG would permit the above sp ecified operation s of ultra lightweight sUASs in the NAS with limited, tightly controlled, predetermined flight plans which would always co nsider the safety of the mission, property and persons in the area. Granting a request for TAG complies with the Secretary of Transportation’s (FAA Administrator’s) instructions to integrate sUASs into the national airspace system, as well as to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Secti on 333(c) of the Reform Act

. TAG will ensure enhanced public safety by conducting operations in compliance with the specific safety protocols and regulations established by the FAA and listed in the following document

. I ntegrating sUASs into the NAS will i ncrease awareness to the benefits of the sUAS industry. Increased awareness and education will emphasize the positive role the sUAS industry can play in local communities while increasing safety. **1) Contact information:**  Total Air Group, a.k.a. TAG 2465 Win chester Rd, Hangar 14 Memphis, TN 38116 901

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-9707 **2) The Specific Sections of Title 14 of the Code of Federal Regulations From Which Total Air Group**  **Requests Exemption are:** 14 C.F.R. 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.119 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) (2) 14 C.F.R. 417 (a) & (b)**3) The Extent of reli**  **ef Total Air Group Seeks and the Reason Seeking Such Relief:**

This exemption application is submitted on behalf of TAG in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent TAG com mercial and other flight operations within the NAS. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. TAG will be operating ultra lig htweight sUASs that meet the definition of “small unmanned aircraft” as defined in Section 331

. **14 C.F.R. Part 21, Subpart H:** Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, 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, 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 convention al aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions as stated in this document . The sUAS to be operated hereunder is 55 lbs. or less fully loaded, carries neither a pilot nor passenger, carries no explosive mate rials or flammable liquid fuels

. All operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with l ocal public safety requirements to provide secur ity for the area. The same criteria demonstrates that there is no credible threat to national security posed by the sUAS due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to car ry a substantial external load. **14 C.F.R. § 45.23 (b). Marking of the Aircraft** . The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport category aircraft o r 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", "restrict ed", "light

-sport", "experimental", or "provisional", as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experim ental” can be placed. Given the size of the sUAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where anyone working with the sUAS will see the identification of the sUAS marked as “Experimental”.**14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.** Sections 61.113

(a) & (b) limit private pilots to non

-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to demonstrate t hat he/she has been sufficiently trained by company personnel and found competent to operate the sUAS in a manner that is consistent with the manufacturer’s manual and safety procedures. TAG will maintain flight logs of all PICs it employs, and provide the m for inspection upon request to the FAA regarding the logs and records of these PICs. The PIC designated for any operation will hold valid Driver’s License. The risks associated with the operation of the sUAS are so minute in comparison with commercial op erations contemplated by Part 61 that allowing operations of the sUAS by a PIC meeting the standards of Total Air Group exceeds the present level of safety achieved by 14 C.F.R. § 61.113 (a) & (b). The sUAS is a remotely controlled aircraft and does not ca rry anyone on board. The area of operation is controlled and all flights are planned and coordinated in advance. Currently there are no pilot licenses that are specific for UAS operators, and no current FAA sanctioned pilot license of any type requires tra ining with, and knowledge of, UAS equipment greater than the requirements TAG uses to certify its PICs. Therefore, the requirement of any available FAA sanctioned pilot license to operate a sUAS does not make a PIC a more competent operator than one meetin g the requirements of Total Air Group

. **14 C.F.R. § 91.7 (a): Civil aircraft airworthiness.** This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should th e exemption be granted, no FAA regulatory standard will exist for determining airworthiness. An equivalent level of safety will be provided by following the manufacturer’s recommendation for maintenance and pre

-flight inspection of the sUAS will be conducted prior to each flight to ensure safe operation

. **14 C.F.R. § 91.9 (b ) (2): Civil Aircraft Flight Manual in the Aircraft.**  Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is a vailable in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Given the small size of the sUAS, it has no ability or place to carry such a flight manual on th e aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the PI C flying the sUAS will have immediate access to it. **14 C.F.R. § 91.103: Preflight action** 
**.** This regulation requires each pilot in command to take certain actions before flight to ensure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, potential existing hazards, and aircraft perfo rmance data before beginning the flight. **14 C.F.R. § 91.109: F**  **light instruction** . Section 91.109 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. The sUASs are remotely piloted aircraf t and by their design do not have fully functional dual controls. Flight control is accomplished through the use of a remote control 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 spee d of the aircraft.**14 C.F.R. § 91.119: Minimum safe altitudes**  Section 91.119 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 operatin g 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 5 00 feet AGL, an exemption may be needed to allow such operations. TAG wil l never operate the sUAS at higher than 5 00 feet AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 5 00 feet AGL, the s UAS will not be operated more th an 100 feet above the highest point on the structure. It will be operated in a controlled environment where buildings and people will not be exposed to operations without their consent. The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or representative

. The property owner or representative and all affected individuals will be aware of the planned fli ght operations. Compared to flight operations with conventional aircraft weighting far more than the maximum 55 lbs. and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional airc raft

. In addition, the low

- altitude operations of the sUAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. § 91.121 Altimeter Settings**

. This regulation re quires 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.” T he sUAS does not have a barometr ic altimeter but uses a GPS altitude read out instead so an exemption may be needed. An equivalent level of safety will be achieved by the operator via live flight data monitoring and 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** Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under V FR 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 no more than 20 minutes of powered flight. 14 C.F.R. § 91.151, sUAS flights would not be possible due to the reserve requirement being greater than the maximum flight time . This particular sUAS is equipped with a failsafe mode that activates when the battery reaches a critical level of 15%. At this point, it will automatically descend and land. Due to its size and operational limitations, it does not pose a threat to safety for persons or property below. TAG will terminate flight operations at a battery level of no less than 20% in order to land the sUAS under the control of the PIC. **14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration** . Th e regulation provides: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airwort hiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs no more than 55 lbs. and is operated by remote control. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control poin t where the pilot flying the sUAS will have immediate access to them; to the extent they are applicable to the sUAS.**14 C.F.R. § 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance Inspections** . These regulations

require that an aircraft operato r 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...,” an d 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 and inspections will be done in accordanc e with the sUAS Manufacturer's Manual, and will be performed by employees of Total Air Group following the guidelines and practices provided by the sUAS m anufacturer. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for small periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 5 00 feet AGL. The PIC will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. T he PIC will be the one most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the e quivalent level of safety.
**4 . Reasons Why**  **Total Air Group Exemption Will Not Adversely Affect Safety Or How The Exemption**  **Will Provide a Level of Safety At Least Equal To Existing Rule:** TAG requests the exemption apply to civil aircraft that have the characteristics and that operate with the limitations as listed. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations are conducted in limited a reas with predetermined flight paths and under the permission of the property owner(s) or property representative. The conditions which TAG agrees to maintain when conducting commercial operations under an FAA issued exemption include:

 The sUAS including any payload will weigh no more than 55 lbs.

 Flights will be operated within line of sight of the pilot in command (PIC) or another observer

.  Maximum total flight time for each operational fligh t will be 20 minutes or 80% battery power.

 Flights will be operated at an altitude of no more than 500 feet AGL. If a structure being inspected or photograp hed has a height which exceeds 5 00 feet AGL, the s UAS will not exceed 100 feet in height above the highest point on that structure.

 Minimum crew for each operati on will consist of the sUAS PIC. A second observer will be used if it is determined by the PIC that a potential risk exists that would necessitate an additional margin of safety

.  sUAS Pilot will be the Pilot in Command (PIC). The PIC w i ll have demonstrated competency in maneuvering and safe operation of the aircraft as well as situational awareness and preflight planning

.  TAG will maintain sUAS flight logs of all PICs it employs

.  All personnel involved with each flight will be given a preflight briefing to include the nature of the flight, expected outcome, and any safety information deemed pertinent by the PIC

.  PIC and o bserver will be trained in the operation of the specific sUAS equipment used by TAG and receive up -to

- date informatio n on the particular sUAS to be operated.

 The PIC designated for any operation will have a valid Driver’s License.
 PIC and observer will at all times be able to communicate by phone, voice, or radio.

 Written and/or oral permission from the property owners or representatives will be obtained.

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

 If the sUAS loses com munication with the PIC or loses its GPS signal, the sUAS will have the capability to return to a pre

- determined location and land by itself

.This exemption application is submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of

the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule making required under Section 332 of the Reform Act. I n making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: 1) The UAS’s size, weight, speed, and operat ional capability; 2) Operation of the UAS in close proximity to airports and populated areas 3) Operation of the UAS within visual line of sight of the operator 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.” Id. § 333 (c) The Federal Aviation Act grants the FAA the authority to issue exemptions. This statutory authority by its terms in clu des exempting civil aircraft, which includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

-44716 of this title if the Administrator finds the exemption in the public interest. Total Air Group operates a sUAS quadcopter rotorcraft, weigh ing 5 0 lbs. or less including payload. It operate s, under normal conditions at a speed of no more than 15 meters per second and has the capability to hover, and move in the vertical and horiz ontal plane simultaneously. It will operate only in line of sight and will operate only within a predetermined area under the permission of the property owner(s) or repre sentative. Each operation will ensure that the sUASs will “not create a hazard to users of the national airspace system or the public” as per the Reform Act Section 333 (b). G iven the small size of the sUAS involved and the restricted environment where it will operate, the applicant falls within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs

. A lso due to the size of the sUAS and the restricted a reas in whi ch it will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, the equivalent level of safety surrounding the proposed op erations, the significant public benefit and enhanced safety, the grant of the requested exemptions is in the public interest. For these reasons, Total Air Group respectfully requests that the FAA grant the requested exemption

. **5. How granting Total Air G**  **roup Exemption will Benefit Public as a Whole** 
**.** When operated responsibly, unmanned aircraft systems pose significantly less threat to persons and property than traditional manned aircraft due to their size, operational limitations, and lack of combustible material onboard. Congress has already made known that it is in the public’s best interest to integrate commercially flown sUASs into the NAS. The economic potential of the se types of operations is limited only by the imagination . Further development of th e sUAS industry is dependent upon safe integration into the NAS. TAG intends to operate re s ponsibly and lead by example in this developing industry in order to maintain the safest national airspace system in the world

.

**6. T** **he following summary is provided for publication in the Federal Register** 
**.**Total Air Group, a.k.a. TAG, seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14

C.F.R 45.23 (b); 14 C.F.R. § 61.113 (a) & (b); 91.7 (a); 91.9 (b)(2); 91.103 (b); 91.109; 91.119; 91. 121; 91.151(a); 91.203 (a) and (b); 91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.409 (a)(2) and 91.417 (a) & (b) in order to operate commercia lly a small unmanned vehicle (55 lbs. or less) in commercial operations. TAG is seeking 333 exemption for the foll owing purposes, but not limited to creating of real

-estate listing videos, educational videos, property inspections for private and public entities including federal, state, and local agencies. The sUASs will carry no passengers or crew and, therefore, wil l not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighing less than 55 lbs., conducted in the parameters listed above, will provide an equivalent level of safety supporting the grant of the exemptions req uested 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 controlled environment resulting. The result is safer than conve ntional operations conducted with conventional aircraft operating in close proximity to the ground and people. All flights will occur over private or controlled access property with the property owner’s or its representative’s prior consent and knowledge. All flights will occur in accordance with any federal, state, or local laws regarding privacy. 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 and 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 the sUAS equipment

. **7 . Request for operations outside of the United**  **States:** Tot al Air Group has no intention of operating a sUAS outside the United States.



## sUAS DescriptionManufacturer: DJI Industries

Model: Phantom 2 Vision +
AIRCRAFT SPECS Supported Battery: DJI 5200mAh LiPo Battery Weight (Battery & Propellers included) 1242g Hover Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m Max Yaw Angular Velocity 200°/s Max Tiltable Angle 35° Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s Max Flight Speed 15m/s (Not Recommended) Diagonal motor

- motor distance 350mm
RANGE EXTENDER SPECS Operating Frequency 2412

- 2462MHz Communication Distance (open area) 500

- 700m Transmitter Power 20dBm Power Consumption 2W
REMOTE CONTROL SPECS Operating Frequency 5.728 GHz - 5.85 GHz Communication Distance (open area) CE Compliance: 400m; FCC Compliance: 800m Receiver Sensitivity (1%PER)

-93dBm Transmitter Power CE Compliance: 25mW; FCC Compliance: 100mW Working Voltage 120 mA@3.7V Built

- in LiPo Battery Working Current/Capacity 3.7V, 2000mAh