1

February 9 th , 201 6 Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Ave, SE Washington, DC 20590

RE: Anthony

Verbsky / T

- Cubed Home Inspection and Arial Filming LLC Hi my name is Anthony

Verbsky and I am writing to request and exemption from the requirements of title 14 of the code of federal regulations so that Ican operate my an Unmanned Aircraft System (Tarot X8 System). I will specifically address the following sub

- sections of Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). 61.113(a) 61.113(b) 91.7(a) 91.121 91.151(b) 91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2) 91.417(a) & (b)

Anthony Verbsky President / Owner 6800 S. Pennsylvania St. Centennial, CO 720

- 985

- 1986 tcubedhomeinspection@gmail.com2 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing3 **SUMMARY** T

- Cubed Home Inspection and Arial Filming LLC seeks exemption from the requirements of 14 C.F.R. 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (Tarot X8 System) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit T

- Cubed Home Inspections and Arial Filming LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of primarily construction sites, residential and commercial real estate, community devolopements, and agricultural projects and associated cites.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** T

- Cubed Home Inspection and Arial Filming LLC is primarily a home inspection business for the real estate market, which is additionally b eing sought out by

clients to film events and activities which are not part of the real estate market. We will primarily use the drone to conduct inspection of areas of the home that can not be reached safely, like a roof of a 2

- 3 story home. The objective of T

- Cubed Home Inspection and Arial Filming LLC in conjenction with our Unmanned Aircraft System (Tarot X8 System) Aerial Operations is to provide a very detailed and simultaneously

saf e visual inspection or visual capture of an activity or event. Iwill provide a short list of our current services that we would like to offer to our clients:

• Construction Inspections

• Real

- estate Inspections

• Home Buyer Inspections

• Home Seller Inspections

• Warranty Inspections

• Time lapse photography and 3D video footage for Real

- estate Developer Projects and Communities

• Time lapse photography and 3D video footage of large scale projects like football stadiums and associated partners properties during the construction

• Video footage capture for agriculture related needs

Personal Information: I currently teach advanced mathematics at both the high school and college level and will start inspecting homes this summer. My students and I have been building drones for 3 years and understand every component and how they interact with each other. Our main mission was to mathematically recreate the flight path of the drone , and after we completed that task we moved into propulsion studies and will start a battery usage vs payload project in the fall. We routinely record video and take arial pictures for outdoor school events and because of this we have created safety protocal to protect ourselves and our community. One of our new missions is to make drones safer for people like me who want to use drones commericially, so we are developing more formal safty protocals and creating avenues to share these ideas. Additionally, we are creating a very detailed step by step video series on how to build the “fully loaded” Tarot X8 Drone and Filming System. Each and every component and its associated use and4

interaction with other components will be discussed in its entirety. I have safely trained over 50 students over a 3 year period on how to build, diagonose mulfunctions, repair, and fly the DJI F450 Quadcopter and the DJI F550 Hexcopters, which are identical to my Tarot X8 System exc ept for the camera system and the Tarot X8 frame. I have the support of my school, district and community and because of this support we have access to the whole campus which gives us a very large and safe practice space. Over that last three years I have had the opportunity to log in over 100 hours of flight time with Quadcopters, Hexacopters and Octocopters. We understand what it means to overprop and underprop. We understand what happens when it is overweight and you swich from manual mode to ATTI mode and then hit the Thottle lock switch. We understand the importance of calibration of ALL components that require calibration . We understand what it means to push a drone to its extreme performance limits. Why do we know this? We have crashed hard, and may I add repeatedly! But, we have learned from our controled experiements and mistakes and with each year and each class less mistakes are made and more saftely proticals are set to protect us from making the same mistake and prevent other potential mistakes. Previous to my teaching career I built over 100 houses and associated decks , finished over 50 basements from start to finish, and during this time in my life worked on many construction sites with associated cite superintendents. I have experience with worksite saftely protical and associated safety personal and fully understand the dangers and penalties associated with not following the rules set in place to protect the workers and people around them.
I feel confident that my unique experiences and skill sets will make me a good canidate to receive this exemption that I am seeking. I am also smart enough to still be nervous about flying a drone “near” the public and within the community, and I firmly believe that anyone who is not nervous does not understand the potential dangers that can be caused by one simple malfunction or human error.

**BACKGROUND** Unmanned Aircraft Systems: Tarot X8 System T

- Cubed Home Inspection and Arial Filming LLC seeks an exemption to operate Tarot X8 system for compensation or hire within the NAS. The Tarot X8 system is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a DJI Ground Control Station (GCS) with multiple control options. Control Option1: One person has the capability to simulateously f ly and record video with 1 axis gimbal control with no ability to control the camera functionality using one 12 channel Walkera Devo 12 tranmitter and reciever. Option 2: One person has the option to fly atuonomously within line of sight using an I

-P ad with the DJI Ground Control Application with preset flight path. Once the Tarot X8 is verified to be on course the operator can use the Walkera Devo 12S to simultaneously control all 3 axis of the gimbal, switch the camera between picture and video mode record, and most importantly c ontrol the optical RC zoom lens.5

Contol Option 3 (Prefered): Two person op eration using two Walkera Devo 12S transmitters. One transmitter controls the Tarot X8 and the other controls the Arris Gimbal and Sony Nex5 Camera.

This Tarot X8 S ystem is fully loaded with a current gross weight of 31 lbs, but has the ability to carry up to a gross weight of 45 lbs. The Tarot X8 has eight 15 inch propellers and a diagonal dimension of 58 inches. This model has upgraded motors and can support 18 inch propellers which would only be needed if one needed to reach the maximum 45 lb gross weight capabilities of this system. This system is designed to manually b e controled via the Walkera Devo 12S transmitter in ATTImode, which is bas ically the NAZA M V2 controling speed and altitude mixtures

. I will add a link at the end of this paragraph to more fully explain this process. This system is also designed to be controled via an I

-Pad and associated Gound Control Station Application on a preset flight path in GPS Mode . When setting the preset flight path one has the ability to control altitude and speed between dedicated points called ,way p oints. One has the option to use the full 100% potential of the Tarot X8 system with the same controling speed and altitude mixtures as ATTI mode , but I must add that any movement over 10 mph would be considered extreme for my a pplications. Additionally this system is controled by the NAZA M V2 control system and it can be programed to re strict altitude to for example 2 00 feet, and can restrict distance of Tarot X8 system from transmitter to for example 1000 feet. If one of these restrictions is met the Tarot X8 will return home and land regardless of being in Manual, GPS, or ATTI Mode. Extra Safty

Options:

 This system will run and safely land even if two motors fail ,which is my main reason for choosing this unit.
 If any abnormality

o ccurs during a flight I can just flip switch on the Walkera Devo 12S to activate FailSaf

e Mode , regardless of being in ATTI or GPS Mode, and it will return home and land.
 I choose not to let my Tarot X8 system to run in Manual Mode due to the its high performance capabilities by programming the Walkera Devo 12S not to allow access to Manual Mode.
 During ATTI mode , my traditional flight mode with Devo 12S nonautonomous control, when I choose to hover I can switch to ThottleLock which will allow the Tarot X8 to hover in place and all flight functions will be disabled except f or the thottle lever which can be adjusted if unit is slightly decending or acending. Then one can switch the ThottleLock off and return to normal flight.
 This Tarot X8 System has an added Walkera Telemetry S ensor with added voltage sensors, propeller rpm sensor, and GPS Module which integrates with the Walkera Devo 12S transmitter and Freeworld 10 inch HD display

. All information is displayed on screen during flight and sound warning alerts can be activated if preset limits are reached allowing the pilot to safely return Tarot X8 System home.6

 The NAZA M V2 control system on the Tarot X8 System has multiple battery warning settings options. The first layer of protection sets off an audible warning. The second layer of protection forces the Tarot X8 System to return home and land.
My Tarot X8 system that will be operated by T

- Cubed Home Inspection and Arial Filming LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.
**BASIS FOR PETITION** Petitioner, T

- Cubed Home Inspections and Arial Filming LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R.: 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the Tarot X8 , UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R : 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, T

- Cubed Home Inspections and Arial Inspections LLC operation of Tarot X8 System UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, T

- Cubed Home Inspe ctions and Arial Inspections LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only a pply to aircraft with an airworthiness certificate. T

- Cubed Home Inspections and Arial Inspections LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. T

- Cubed Home Inspections and Arial Inspections LLC Tarot X8 will be personally operated, inspected, and maintained by me, Anthony Verbsky, All modifications , preventive maintenance , and calibration on the UAS using the methods, techniques, software, applications and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, Tarot X8 Instruction Manual, NAZA V2 Instruction Manual, Arris X6 Gimbal Manual, Ground Control Station Manual, Walkera Devo 12 S Manual, Walera Telmetry

Manual). Furthermore, T

- Cubed Home Inspection and Arial Filming LLC will document and maintain all maintenance records for the Tarot X8 S ystem UAS. T

- Cubed Home Inspection and Arial Filming LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the Tarot X8 System UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, T

- Cubed Home Inspection and Arial Filming LLC submits that they will ensure that the Tarot X8 System UAS is in an airworthy condition, prior to every f light, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Lo g, Tarot X8 Instruction Manual, NAZA7

V2 Instruction Manual, Arris X6 Gimbal Manual, Ground Control Station Manual, Walkera Devo 12S T

- Cubed Home Insp ection and Arial Filming LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the Tarot X8 System UAS will not have a ty pical barometric altimeter onboard. However, altitude information of the Tarot X8 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with T

- Cubed Home Inspection and Arial Filming LLC operation of the Tarot X8 UAS within visual line of sight, at or below 2 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, T

- Cubed Home Inspection and Arial Filming LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. T

Cubed Home Inspection and Arial Filming LLC submits that safety will not be affected by operation of the Tarot X8 System UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery p ower to fly for a total duration of approximately 25 minutes

. B attery p ower indicators are also able to show exactly how much battery p ower is left, as well as how much time is needed to return safely b ack to point of takeoff

. Inaccordance with 14 C.F.R. § 11.81, T

- Cubed Home Inspection and Arial Filming LLC provides the following information in support of its petition for exemption:
**A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Anthony Verbsky President / Owner 6800 S. Pennsylvania St. Centennial, CO 720

- 985

- 1986 tcubedhomeinspection@gmail.com tcubedarialfilming@gmail.com8

**B. The**  **Specific Sections**  **Of 14**  **C.F.R. From**  **Which** T

- Cubed Home Inspection and Arial Filming **Seeks Exemption. 1.**  **The** T

- Cubed Home Inspection and Arial Filming LLC **Seeks Exemption**  **from The**  **Requirements Of Section 61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only

incidental to that business or employ ment; and (2 ) The aircraft does not carry passengers or property

for compensation or hire. **2.** T

- Cubed Home In spection and Arial Filming LLC **Seeks Exemption**  **From The**  **Requirements Of Section 91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3.** T

- Cubed Home In spection and Arial Filming LLC **Seeks Exemption**  **From The**  **Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may b e, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to
--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or9 (iii) Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4.** T

- Cubed Home Inspection and Arial Filming LLC **Seeks Exemption**  **From The**  **Requirements Of Section 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b ) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. **5.** T

- Cubed Home In spection and Arial Filming LLC **Seeks Exemption**  **From The**  **Requirement Of Section 91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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[.] **6.** T

- Cubed Home In spection and Arial Filming LLC **Seeks Exemption**  **From The**  **Requirements Of Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) Ithas been approved for return to service by ap erson authorized under § 43.7 of this chapter[.] **7.** T

- Cubed Home Inspection and Arial Filming LLC **Seeks Exemption**  **From The**  **Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or10 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8.** T

- Cubed Home In spection and Arial Filming LLC **Seeks Exemption**  **From The**  **Requirements Of Sections 91.417(a) And 91.417(b).** Section 91.417, entitle d Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The cur

rent inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.11 (vi) Copies of the forms prescribed by § 4 3.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**C. T**  **he Extent**  **Of Relief**  T

- Cubed Home Inspection and Arial Filming LLC **Seeks And**  **The Reason**  T

- Cubed Home Inspection and Arial Filming LLC **Seeks The Relief. 1.**  **Extent Of**  **Relief** T

- Cubed Home Inspection and Arial Filming LLC **Seeks And**  **The Reason**  T

- Cubed Home Inspection and Arial Filming LLC **Seeks Relief**  **From Section**  **61.113(a) And**  **(b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more fully below, T

- Cubed Home Inspection and Arial Filming LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Tarot X8 System UAS unless that PIC has met certain flight

-hour and currency requirements, demonstrating that the PIC is able to safely operate either the Tarot X8 S ystem UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.12

Further, T

- Cubed Home Inspection and Arial Filming LLC submits that all flights of the Tarot X8 System UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to T

- Cubed Home Inspection and Arial Filming LLC business; and (2) will not carry pas sengers or property

for compensation or hire.

**2. Extent Of Relief T** **- Cubed Home Inspection and Arial Filming**  **Seeks And The Reason T** **** **Cubed Home Inspection and Arial Filming Seeks Relief From Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow T

- Cubed Home Inspection and Arial Filming to determine that the Tarot X8 System UAS are in airworthy c ondition prior to every f light by ensuring that the UAS is in compliance with the operating documents (i.e., T

- Cubed Home Inspection and Arial Filming Aerial Operations Manual, Monthly M aintenance Lo g, and Tarot X8 System Instruction Manual). T

- Cubed Home Inspection and Arial Filming seeks the requested relief because the Tarot X8 System UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, T

- Cubed Home Inspection and Arial Filming will ensure that the Tarot X8 System UAS are in airworthy c ondition based upon its compliance with the operating documents (i.e., Monthly

M aintenance Lo g, and Tarot X8 System) prior to every f light, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief T** **- Cubed Home Inspection and Arial Filming**  **Seeks And The Reason T** **** **Cubed Home Inspection and Arial Filming Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may b e required to allow flight operations of the Tarot X8 System UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), T

- Cubed Home Inspection and Arial Filming seeks the requested relief because the Tarot X8 System UA’s altimeter may b e set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary

to comply

with the applicable conditions and limitations stated below. As more fully

s et forth herein, an equivalent level of safety will be maintained since the Tarot X8 System UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically

ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

-up display of the GCS.13

**4. Extent Of Relief T** **- Cubed Home Inspection and Arial Filming**  **Seeks And The Reason T** **** **Cubed Home Inspection and Arial Filming Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery p owered Tarot X8 System UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. T

- Cubed Home Inspection and Arial Filming seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery

p owered Tarot X8 System UAS will severely constrain the practicality o f any aerial video or still photo flight operations that T

- Cubed Home Inspection and Arial Filming proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the Tarot X8 System UAS , the Tarot X8 System operating documents, and T

- Cubed Home Inspection and Arial Filming propo sed operating limitations, ensure that T

- Cubed Home Inspection and Arial Filming will safely operate the battery p owered Tarot X8 System UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes

.
**5. Extent Of Relief T** **- Cubed Home Inspection and Arial Filming**  **Seeks And The Reason T** **** **Cubed Home**  **Inspection and**  **Arial Filming**  **Seeks Relief**  **From Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) &**  **(a)(2), And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, T

- Cubed Home Inspection and Arial Filming requests relief from these Sections becaus e the Tarot X8 System UAS do not require airworthiness certificates. As set forth more fully b elow, the Tarot X8 System UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, T

- Cubed Home Inspection and Arial Filming will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the T

- Cubed Home Inspection and Arial Filming Aerial Operations Manual, Monthly Maintenance Lo g, and Tarot X8 System Instruction Manual). Furthermore, T

- Cubed Home Inspection and Arial Filming will document and maintain all maintenance records for the Tarot X8 S ystem UAS

.

**D. The**  **Reasons Why**  **Granti ng**  **T -** **Cubed Home**  **Inspection and**  **Arial Filming**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest by allowing T

- Cubed Home Inspection and Arial Filming to safely, efficiently, and economically p erform aerial video and photography of construction, real estate, and properties in Illinois.14

Additionally, use of the Tarot X8 System UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of T

- Cubed Home Inspection and Arial Filming proposed operation of the Tarot X8 System UAS will be realized without implicating any privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The Tarot X8 System UAS are battery p owered and serve as a safe, efficient, and economical alternative to a unsafe practice of climbing onto roofs of homes. Itwill provide areal video and photos to the inspectors to insure the public gets a well overview of the home.
**2. The Public Will Benefit From The Safety And Efficiency Of The Tarot X8 System**  **UAS.** The DJI Phantom 3 UAS (weighing approximately 3 1 pounds at their maximum gross weight with diagonal dimension of 58 inches , and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air

. **3. Performing Aerial Video and Photography Operations With The Tarot X8 System**  **UAS Will Benefit The Economy.**  By operating the Tarot X8 System UAS, companies such as T

- Cubed Home Inspection and Arial Filming, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved Safety

f or the inspector will result in less medical accidents from inspectors falling from roofs ext. Resulting in worker compensation claims and other lawsuits from injuries.
**4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, T

- Cubed Home Inspection and Arial Filming proposed operation of the Tarot X8 System UAS will not implicate any

privacy i ssues. Specifically, the Tarot X8 System UAS will be operated only in compliance with operating documents (i.e., T

- Cubed Home Inspection and Arial Filming Aerial Operations Manual, Monthly Maintenance Log, and Tarot X8 System Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The**  **Reasons Why**  **Granting The**  **Exemption Would**  **Not Adversely**  **Affect Safety,**  **Or How**  **The Exe** **mption Would**  **Provide A**  **Level Of**  **Safety At**  **Least Equal**  **To That**  **Provided By The Rule From Which**  **T -** **Cubed Home Inspection and Arial Filming Seeks Exemption.** 15

**1. Reasons**  **Why The**  **Tarot X8**  **System UA** **S Meet**  **The Conditions**  **Of The**  **FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, T

- Cubed Home Inspection and Arial Filming operation of the Tarot X8 System UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority f or a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace sy stem, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, T

- Cubed Home Inspection and Arial Filming submits that the DJI Phantom 2 Vision, Plus UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the Tarot X8 System UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The Tarot X8 System**  **UAS Demonstrate Its Safe Characteristics.**  The Tarot X8 System UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.16

**3. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.7(a) Would**  **Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every f light, T

- Cubed Home Inspection and Arial Filming will ensure that the Tarot X8 System UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.121 Would**  **Not Adversely Affect Safety.**  The equivalent level of safety established by S ection 91.121 will be maintained because the altitude information of the Tarot X8 S ystem UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with T

Cubed Home Inspection and Arial Filming operation of the Tarot X8 System UAS within visual line of sight, at or below 2 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically e stablished by

the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 1111 2, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b) Would**  **Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety estab lished by 1 4 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Tarot X8 System UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, T

- Cubed Home Inspection and Arial Filming will ensure that it will safely operate the battery p owered Tarot X8 System UAS during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 25 minutes.17

Furthermore, safety will be ensured as the Tarot X8 System UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 3 3% remaining battery p ower, and again at approximately 1 0% remaining battery

p ower. At the critically low battery level, the Tarot X8 System UAS will descend and land automatically

.
**6. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) &**  **(a)(2), And**  **91.417(a) &**  **(b) Would**  **Not Adversely**  **Affect Safety.**  Ins eeking this exemption, T

- Cubed Home Inspection and Arial Filming submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by

S ections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because T

- Cubed Home Inspection and Arial Filming will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., T

- Cubed Home Inspection and Arial Filming Aerial Operations Manual, Monthly Maintenance Log, and Tarot X8 System **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Moder nization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , T

- Cubed Home Inspection and Arial Filming requests that the FAA prescribe special conditions for the intended operation of the Tarot X8 System UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety e quivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority f or such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special18

conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the Tarot X8 System UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**• A**  **Summary That**  **Can Be**  **Published In**  **The Federal**  **Register, stating:**  **The Rules From Which**  **T -** **Cubed Home Inspection and Arial Filming Seeks Exemption:** 

T

- Cubed Home Inspection and Arial Filming seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b). **A Brief Description Of The Nature Of The Exemption T**  **- Cubed Home Inspection and Arial**  **Filming Seeks:**  This exemption will permit T

- Cubed Home Inspection and Arial Filming to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of Colorado

. .

**• Any**  **Additional I** **nformation, Views,**  **Or Arguments**  **Available To**  **Support T** **** **Cubed Home Inspection and Arial Filming Request.** 
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary o f Transportation to determine if certain UAS may operate safely in the NAS. As such, T

- Cubed Home Inspection and Arial Filming request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets f orth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, T

- Cubed Home Inspection and Arial Filming will operate the Tarot X8 System UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

. **CONCLUSION**19

As set forth herein, T

- Cubed Home Inspection and Arial Filming 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 Tarot X8 System UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the Illinois. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing T

- Cubed Home Inspection and Arial Filming to safely, efficiently, and economically operate the Tarot X8 System UAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, T

- Cubed Home Inspection and Arial Filming respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the Tarot X8 S ystem UAS commercially f or the purpose of conducting aerial video and photography over certain areas of Illinois. Dated: February

10 th, 2016
Thanks for your consideration Anthony Verbsky President / Owner 6800 S. Pennsylvania St. Centennial, CO, 80122 720

- 985

- 1986 tcubedhomeinspection@gmail.com tcubedarialfilming@gmail.com

Appendices :
A) All instruction Manuals for Tarot X8 S ystem a. DJINAZA V2 Control System Manual b. DJIGround Station Manual c. Tarot X8 Frame and Electrical Manual d. Walkera Devo 12S transmitter and receiver e. Walkera Devo Telemetry Module and GPS sensor f. ARRIS Zhao Yun Pro 3

-Axis brushless Gimbal20

https://drive.google.com/file/d/0B

-AnuFLg4V5KZXV6WmVreDMyUkE/view?usp=sharing