Attention:

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room w

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- 140 1200 New Jersey

Ave, SE Washington, D.C. 20590 RE: TC Aerial Media LLC Requests an Exemption From the Requirements of Title 14 of the Code of Federal Regulations part 21, sub. H, Section 91.7(a), Sections 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) , Section 91.9(b)(2) , Section 91.119 , Section 91.121 , Section 91.151(a) , Section 61. 3, and Section 45.2 3
TC Aerial Media LLC Travis Ruthig 13044 Vernon Ave. Savage, MN 55378 tcaerialmedia@gmail.com 952

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- 8803**PETITION FOR EXEMPTION FROM 14 CFR** 

**I. Introduction**  TC Aerial Media LLC (“TC Aerial”) seeks exemption from the requirements of 14 CFR part 21, sub. H, Section 91.7(a), Sections 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) , Section 91.9(b)(2) , Section 91.119 , Section 91.121 , Section 91.151(a) , Section 61. 3, and Section 45.2 3 , to operate an Unmann ed Aircraft Sy stem (“UAS”) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 for Aviation Unmanned to perform aerial photograph y and videography b y/ for Travis Ruthig , owner of TC Aerial Media LLC
. This exemption will permit TC Aerial to operate a UAS for the commercial purpose of conducting aerial video and photography

. The requested exemption would support an application for a commercial Certificate of Authorization to use the below

- described UAS to support production of promotional materials (video and/or still images) for real estate sales, travel and tourism in dustries, commercial businesses, and for p hotography and videograph y of social events, such as weddings . The UAS will not operate over persons not directly involved with the UAS. **I I**  **. TC Aerial’s**  **UAS** TC Aerial seeks an exemption to operate a UAS manufactured b y DJ I called the DJ I Inspire 1. T he DJ I Inspire 1 user manual is available to download or view here: http://www.dji.com/product/inspire

- 1/download

. TC Aerial will ensure that the UAS is maintained and in safe operational condition at all times. This UAS weights approximately 6.5 pounds, has a max imum speed of about 45 mph, and a diagonal distance between two p ropellers of about 22 inches. The radio frequency used to communicate between the radio controller (“RC”) and the UAS craft will alway s be 2.4GHz

. The UAS has the following specifications:

- A lightweight (approximately 6.5 lbs. with all onboard equipment) craft manufactured by DJI

– The Inspire 1 that contains all of the following equipment in flight; o An on

- board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground

- based transmitter/controller; o An on

- board camera capable of capturing imagery in the form of full color, high definition still photos and video; o An on

- board telemetry sy stem that delivers flight data from the on

- board flight computer to the on

-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site; ando A 2.4GHz on

- board radio transmitter that transmits live video from the on

- board camera plus all the flight data from the telemetry sy stem described above

.

- The ground station

- based part of the UAS has the following specifications: o A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UA S while in the air; occasionally a second operator that would be just controlling the camera of the UA S ; o A 2.4GHz radio transmitter/controller operated b y the PI C to control the UA S while in flight; A radio receiver receiving live video and flight data from the on

board camera and computer projects it all together onto a screen for the PIC to view during flight; o A Visual Observer (VO) is a person who provides a second pair of eyes to visual ly track the UA while in flight; and o A spotter can operate the camera from a secon d RC, although their controller only communicates with the PIC’s controller at 5.8GHz with no access to the flight controls

– only

camera controls

. **II I**  **. TC Aerial’s**  **PIC** TC Aerial has over 100 hours of flight on various UAS’s without incident. TC Aerial ha s built its own UAS’s from the ground up and has spent extensive time learning and perfecting UAS flight. Specific ally , with the DJIInspire 1, TC Aerial has over 20 hours of flight

– again without in cident. TC Aerial has no liens or judgments against it , and no arrests or felonies. **IV .**  **TC Aerial’s Intended Operations** TC Aerial will operate its UAS to produce promotional materials (video and/or still images) for real estate sales, travel and tourism in dustries, commercial businesses, and for p hotograph y an d videography of social events, such as weddings

. The safe operation to the National Air Space (“NAS ”) , persons, and/or property will be ensured b y alway s fl yi ng the UAS within line

- of

- sight. V isual contact with the UAS will be maintained at all times for the duration of the flight. The safety of the NAS, operators, and the public will also be ensured by never fl yi ng the UAS over 400 feet above ground

- level . The UAS will also never be flown directly above persons or within five miles of any airport. A spotter will be used during flights to help assist maintaining flight safety

. To assist in the safe operation of the UAS , the PIC will alway s have a visual of the battery life through the DJI GO flight application. Operation will alway s come to a halt once battery life reaches 30% life

– ensuring that there will never be a battery failure during flight. This application also has built in maximum altitude settings , which will never be higher than 400 feet AGL. The DJ I Inspire 1 also has the following safety f eatures: r eturn to home button and transmitter lost signal

– re turn to home. Pre
- flight inspections of the UAS will alway s include checking all batteries for condition in the UAS craft as well as the RC. In addition, the drone no fl y zone map will be checked before any and all flights (https://www.mapbox.com/drone/no

- fl y/ ) because no flights will ever occurinside of a no

- fl y zone. Also, the device battery that runs the flight application (DJ IG O) will also be checked and charged. Firmware of the smart batteries, the RC, and the UAS craft will alway s be up to date. The flight application will also alway s be the latest version. The propellers will alway s be inspected for nicks or cracks and before take

- off wi ll be secured and locked to the propeller motors. Flight area conditions will alway s be checked

– clear of obstacles/tress, no persons nearb y or in the flight path, no power lines or other obstacles overhead, and wind gusts less than 18 mph. Wind speeds and gusts greatly affect the small UAS and will alway s be factored in for safe fl yi ng. A flight log of all future flights will be kept to keep track of all operations. This will include time, date, location, and other notable conditions or occurrences durin g flight. **V .**  **The Public Will Benefit from the UAS** The UA S , powered b y batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby

reduce cur

rent risk levels and thereb y enhance safety and diminish the likelihood of death or serious bodil y injury . With a small payload and maximum flight time of only 18 minutes, this offers little or no risk to national security

. Low level oblique photos and vi deo from several angles are far more effective than ground based imagery

for displaying the characteristics of large, complex properties with several buildings and large trees. The alternati ve could be to charter a full

- sized helicopter for this purpose, which has proven more costly than many

potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the UA S will be valuable to and benefit man y buye rs and sellers of any real estate properties. The exemption requested by TC Aerial will greatly

assist the general public in that this ty pe of photograph y/videography would be beneficial to the consumers (giving them a better understanding of the product they may be consuming) and the market professionals (allowin g th em to showcase their product from another perspective). G iven the small size of the UAS involved and the procedures outlined above, its proposed operation poses no additional public safety concerns and thus the FAA, b y exemption, should allow commercial operations of this UAS. Also due to the size of the UAS and the restricted areas in which the UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333, the strong equivalent level of safe ty surrounding the proposed operations and the significant public benefit, including enhanced safety , reduction in environmental impacts, and including reduced emissions associated with allowing UAS for commercial use , granting the requested exemptions are in the public interest. **V I.**  **TC Aerial’s Requested Exemptions** Given the operations, technical specifications, and safety precautions described above, TC Aerial request exemptions from the following requirements of 14 CFR :Due to the limited size, weight, speed, and operating area associated with TC Aerial’s

UAS, an exemption from 14 CFR part 21, sub. H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L . 112

- 95 (Section 333). TC Aerial requests an exemption from Section 91.7(a) ( Civil aircraft airworthiness ) because TC Aerial’s UAS do es not require an airworthiness cer tificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, TC Aerial will ensure that the UAS is in airworthy condition based upon its compliance with the operating documents (prior to every flight, and further, determine that the UAS is in condi tion for safe flight, as stated in the conditions and limitations below. TC Aerial request s an exemption from Sections 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) ( Maintenance inspections ) because these requirements only appl y to aircraft w ith an airworthiness certificate. However, as a safety precaution TC Aerial will perform a preflight inspection of the UAS before each flight as outlined in the attached operating documents. TC Aerial requests an exemption from Section 91.9(b)(2) which requires an aircraf t flight manual in the aircraft. Because there are no pilots or passengers on board the aircraft and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved b y maintaining a safety/ flight manual with the UAS ground station. TC Aerial requests an exemption from Section 91.119 , which prescribes safe altitudes for the operation of civil aircraft

. TC Aerial will not operate its UAS above the altitude of 4 00 feet above ground level and will also only operat e in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an equivalent or higher level o f safety will be achieved. TC Aerial request s an exemption from Section 91.121 (Altimeter settings ) because it is inapplicable. TC Aerial’s UAS utilizes the on

- board altimeter telemetry that is relayed to the PIC through the DJ IG O application

. Also, the maximum flight altitude is set in the DJ IG O application at 400 feet AGL , so flight above that height is impossible. TC Aerial request s an exemption from Section 91.151(a) ( Fuel requirements for flight in VFR conditions). The UAS is 100% electric and two low battery alerts are issued

- per the operating documents , the UAS will be landed at the first alert. Also, flights will last a maximum of 18 minutes each, and the UAS has an automated function, which results in immediate landing when a low battery

is detec ted. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA S with 30% battery power remaining. TC Aerial requests an exemption from Section 61. 3 to the extent necessary to allow a PI C to operate a UAS without a pilot certificate. TC Aerial’s UAS is not a civil aircraft, and thus thissection does not appl y. TC Aerial submits that all flights of the UAS will be incidental to TC

Aerial’s business and will not carry passengers or propert y for compensation or hire. TC Aerial request s an exemption from Section 45.23 (Marking of the aircraft) because the UA S will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two - inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. **VII. Summary to Public in the Federal Register**  TC Aerial seeks exemption from the requirements of 14 C.F.R. part 21, sub. H, Section 91.7(a), Sections 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) , Section 91.9(b)(2) , Section 91.119 , Section 91.121 , Section 91.151(a) , Section 61. 3, and Section 45.2 3 . These exemptions w ill permit TC Aerial to commercially operate an Unmanned Aerial Sy stem (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **VIII. Summary of TC Aerial**  **’ s Exemption Request**  **and Justifications** TC Aerial will comply

with all of the following conditions and limitations should this exemption be granted. 1) Operations will be limited to the following aircraft described in the operating documents, which is a quad

- rotor aircraft weighing 6.5 pounds: DJ I Inspi re 1 Unmanned Aircraft Sy stem. 2) The UAS will not be flown at an indicated airspeed exceeding 45 mph. 3) The UA S will be operated at an altitude of no more than 400 feet AGL. 4) The UA S will be operated within visual line of sight (VLOS) of the PI C at al l times. 5 ) Prior to each flight, the PI C will inspect the UAS to ensure it is in a condition for safe flight. This includes the batteries of all of the components, the firmware of all of the components, and functional condition of all of the components. I f the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary mainten ance has been performed and the UAS is found to be in a condition for safe f light. All maintenance and alterations will be properl y documented in the aircraft records/flight logs. 6) The pre

- flight inspection section in the operating documents will account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant secti ons o f the operating documents. 7 ) The UA S will not operate within an y no - fl y zones. This will be checked against the drone no

- fl y zone map (https://www.mapbox.com/drone/no

- fl y/). 8 ) If a UA S loses communications or loses its GPS signal, it will return to a predetermined location (home) within the planned operating area and land. 9 ) The PI C will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA S with 30% battery power remaining. 10 ) The UA S will not be operated directl y overhead of an y person/s

.11 ) All operations will be conduc ted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be cond ucted. 12) The public will benefit from a safety stan dpoint, an environmental standpoint, and from an economic standpoint. Travis Ruthig TC Aerial Media LLC 13044 Vernon Ave. Savage, MN 55378 tcaerialmedia@gmail.com 952

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