August 26, 2015

Exemption No. 12614

Regulatory Docket No. FAA–2015–2014

Mr. Fulvio Tonon

President

Tonon USA: Engineering, Measurements and Testing, LLC

538 West 21st Street, #27244

Houston, TX 77008

Dear Mr. Tonon:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 17, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Tonon USA: Engineering, Measurements and Testing, LLC (hereinafter petitioner 

or operator) for an exemption. The petitioner requested to operate an unmanned aircraft 

system (UAS) to conduct aerial photography and data acquisition.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a CineCopter II.
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Tonon USA: Engineering, Measurements and Testing, 

LLC is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 

61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

operate a UAS to perform aerial data collection. This exemption is subject to the conditions 

and limitations listed below.

Conditions and Limitations

In this grant of exemption, Tonon USA: Engineering, Measurements and Testing, LLC is 

hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the CineCopter II

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 
4

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
5

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
6

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
7

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Fulvio Tonon, Ph.D., P.E. (Texas, Italy) 

Principal Engineer and President 

Tonon USA: Engineering, Measurements and Testing, LLC 

538 W 21st St #27244 

Houston, TX 77008-3642 

Office and Cell: +1-512-200-3051 

E-mail: fulvio@tononeng.com 

Mat 17, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition via “summary grant process” for Exemption from 14 CFR Parts 61.113 (a) and (b) 14 CFR 

Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409(a) (1), 91.409 (a) (2), 

91.417 (a) and (b), according to Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to as Reform 

Act) and 14 CFR Part 11, Tonon USA, a small consultancy, hereby applies via “summary grant 

process” for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of sUAS for aerial photography and data acquisition, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

As detailed in this document, and the attached CineCopter II User Guide (herein referred to as User 

Guide) and Tonon USA Flight Operations Manual, the requested exemption would permit the operation of 

sUAS under controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to 

access, and 4) would provide safety enhancements to the already best practices safety protocols followed 

by Tonon USA. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) Reform Act. 

The name and address of the applicant is: 

Tonon USA: Engineering, Measurements, and Testing, LLC 

Attn. Fulvio Tonon 

538 W 21st St #27244 

Houston, TX 77008-3642 

Office and Cell: +1-512-200-3051 

E-mail: fulvio@tononeng.com

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 61.113(a) & (b) 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103 

14 CFR Part 61, Section 61.75: 

Exemptions/Rule Making 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 
Tonon USA Petition Petition for Exemption Filed under Section 333

Page 2 of 10

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a) 

14 CFR 407(a)(1) 

14 CFR 409(a)(2) 

14 CFR 417(a) & (b) 

Submitted separately as confidential documents under 14 CFR Section 11.35 (b) are: 

1. CineCopter II User Manual 

2. Tonon USA Flight Operations Manual 

3. Letter from ItalFly that: 

a. Certifies the EASA-approved PPL(H) ground course attendance by pilot Fulvio Tonon 

b. Provides the syllabus for the ground course 

4. Letter from FTOPadova that: 

a. Certifies the ENAC-approved sUAS ground course attendance by pilot Fulvio Tonon 

b. Provides the syllabus for the ground course 

These documents contain proprietary information that is not available to the public and are protected from 

release under the Freedom of Information Act 5 USC 552 et. seq. 

Thank you for your time and attention. We look forward to working with you at FAA. 

 
Tonon USA Petition Petition for Exemption Filed under Section 333

Page 3 of 10

DESCIPTION OF PETITIONER 

Tonon USA provides consulting in the areas of civil and mining engineering, including rock mass 

characterization, precision photogrammetric models for rock mass characterization and monitoring, 

underground engineering, and laboratory rock testing. The company wishes to use sUAS in order to 

acquire photographs and data from the air in those cases in which acquiring the same data from the 

ground may prove dangerous or very difficult (e.g., mountainous terrain and unstable slopes). Tonon USA 

has prepared an operations manual and specifications which will enable it to comply with FAA 

requirements and ensure the safety of people and property. The Principal, Dr. Tonon: in order to achieve 

flight proficiency, has been trained by FlyingEye, the small aircraft manufacturer; in order to acquire 

aeronautical knowledge, he has taken an EASA-approved PPL(H) ground training course and he has 

passed the relevant EASA-approved exam; in order to acquire aeronautical knowledge specialized to 

sUAS, he has taken an EASA-approved sUAS ground training course and passed the relevant EASAapproved exam; he holds an EASA Class 2 medical certificate and a Texas Driver’s License; he is a U.S. 

citizen. Dr. Tonon is the PIC and operations manager of “Laboratorio Rocce e Ricerca Tonon, s.r.l.”, an 

Italian company that was authorized by ENAC (Italian Civil Aviation Agency) to carry out UAS commercial 

operations. The company is woman-owned and is operated by members of the family that founded it, all 

of whom are both U.S. and Italian citizens. 
Tonon USA Petition Petition for Exemption Filed under Section 333

Page 4 of 10

AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including 

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. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC 

§44704; 14 CFR 91.203(a)(1). 

Section 333(b) of the Reform Act assist the Secretary in determining whether sUASs may operate in 

the national airspace system without creating a hazard to the user, the public, or a threat to national 

security. In making this determination, the Secretary must consider: 

 The sUAS’ size, weight, speed and operational capability; 

 Whether the sUAS operates within the visual line of sight of the operator; 

 Whether the sUAS operates outside of highly populated areas and away from close proximity 

 to airports. 

Reform Act 333(a). If the Secretary determines that a sUAS “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 CineCopter II operated by Tonon USA is an 8-rotor aircraft with a 11.15 kg (24.6 lb < 55 lb) MTOM. 

Because the CineCopter II holds a Type Certificate by the French GDAC (the French Civil Aviation 

Authority) the CineCopter II was, for example, authorized by ENAC (the Italian Civil Aviation Authority) 

without completing an experimental flight phase. The CineCopter II is completely redundant: 

 Up to 2 motors may fail without the aircraft becoming uncontrollable 

 Two independent batteries and feeding cables ensure power is provided in all circumstances 

 Two independent GNSS receivers (each receiving both GPS and GLONASS) ensure UAS 

location (hence speed) is known to the navigation boards (hence to the pilot) at all times 

 Two independent navigation boards ensure that the system is controllable in all circumstances, 

and it is provided with a flight termination device (independent of the radio transmitter) that may be used 

by the PIC to power down the aircraft in case of a fly-away. 

The CineCopter II has the ability to operate under normal conditions at a speed of no more than 38 KIAS 

and has the capability to hover and move in the vertical and horizontal plane simultaneously. The sUAS 

will operate only in the pilot’s or visual observer’s visual line of sight at all times. Such operations will 

insure that the sUAS will “not create a hazard to users of the national airspace system or the public.” 

Reform Act Section 333(b). 

Given the small size of the sUAS involved and the restricted environment within which it will 

operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to 

commence immediately. Also due to the small size of the UAS and the low altitudes in which our 

sUAS will operate, approval of the application presents no national security issue. 

DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR Part 21, Subpart H: Airworthiness certificates 

Subpart H, 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 Tonon USA, 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 USC §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, 
Tonon USA Petition Petition for Exemption Filed under Section 333

Page 5 of 10

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 conventional aircraft operating with an airworthiness certificate without the restrictions 

and conditions proposed. CineCopter II holds a Type Certificate by the French GDAC (the French Civil 

Aviation Authority), which is included in the Tonon USA Operations Manual. 

14 CFR 45.23(b): Marking of the aircraft 

This regulation requires that certain experimental, provisionally certified aircraft, or light-sport 

category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” 

“light-sport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. 

Even though the UAS 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 “Experimental” can be 

placed. Given the size of the sUAS, 2 inch lettering will be impossible. The sUAS bears the marks 

“FE4443076”. 

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command 

Sections 61.113(a) and (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 pilot operating the aircraft to have at least the qualification described in the 

following. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all 

flights are planned and coordinated in advance as set forth in the Operations Manual. The risks 

associated with the operation of the small UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as 

requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b). 

14 CFR Part 61, Section 61.75: Certificate issued on the basis of a foreign license 

A pilot may apply for an FAA certificate issued on the basis of a foreign license under the provisions of: 

 14 CFR Part 61, Section 61.75 

 special purpose pilot authorizations under Section 61.77 

 using a pilot certificate issued under Section 61.75 to apply for a commercial pilot certificate 

under Section 61.123 (h) 

 applying for an airline transport pilot certificate issued under Section 61.153 (d) (3) 

 applying for a certificate issued on the basis of a foreign license under the provisions of 14 CFR 

Part 63, Sections 63.23 and 63.42 

The FAA’s Small UAS Notice of Proposed Rulemaking under Section E states that “The FAA is proposing 

to issue a new type of certificate for UAS operators, rather than require a private or commercial pilot 

certificate with UAS type rating, because many of the requirements for private and commercial pilots are 

not necessary for the types of operations that would be permitted under this rule”, and it requires that the 

PIC pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center. Under 

Section E iv, “The FAA will issue the certificate to an airman eligible under § 107.61 if the airman submits 

an application including an airman knowledge test report showing that he or she passed the initial 

aeronautical knowledge test required for the certificate”. 

 

Until now, there are no FAA-approved sUAS training and testing centers. It is proposed that a pilot 

licensed to fly a sUAS in an EASA-country be allowed to fly a sUAS in the United States. In particular, 

Tonon USA PICs will either hold an airline transport, commercial, private, recreational, sport pilot 

certificate, or: 

a. Be licensed to fly a sUAS in an EASA-country 

b. Have taken an FAA or EASA PPL(H) ground instruction and have passed the relevant 

examination. 
Tonon USA Petition Petition for Exemption Filed under Section 333

Page 6 of 10

c. Have taken an EASA-approved sUAS ground instruction and have passed the relevant 

examination. 

d. Have taken an EASA-approved sUAS practice (flight proficiency) instruction on the sUAS 

to be piloted and have passed the relevant examination. 

Requirements a-d are much more restrictive than the provisions set forth in the FAA’s Small UAS Notice 

of Proposed Rulemaking under Section E, and therefore requirements a-d ensure an even higher level of 

safety. Syllabi of the EASA-approved courses taken by the current Tonon USA PIC are attached to this 

document; certificates of exams are in the Operations Manual. 

The PIC must also hold a current FAA or EASA airman medical certificate or a valid U.S. driver’s license 

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. These documents are included in the Operations Manual. 

14 CFR 91.7(a): Civil aircraft airworthiness 

The 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 this exemption be granted, 

no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and 

the requirements contained in the User Guide for maintenance and use of safety checklists prior to 

each flight an equivalent level of safety will be provided. 

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements 

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the 

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 User Manual at the ground control 

point where the pilot flying the sUAS will have immediate access to it. 

14 CFR 91.103: Preflight action 

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the User Guide, Operations Manual, and safety checklists. 

These actions will provide an equivalent level of safety. 

14 CFR 91.109: Flight instruction 

Section 91.103 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. 

By design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is accomplished through the use of a radio transmitter that communicates with the aircraft via 

radio communications. The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the 

controller and by the size and speed of the aircraft. 

14 CFR 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 operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption 

is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, 

which will operate at altitudes of no more than 400 feet above ground level (AGL), so an exemption may 

be needed to allow such operations. All operations will occur during daylight hours under Visual 

Meteorological Conditions (VMC) only. 

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 local officials. Because advance notice to the property owner and any onsite personnel, as well as 

the precautions outlined below, all affected individuals will be aware of the planned flight operations. 
Tonon USA Petition Petition for Exemption Filed under Section 333

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Flight operations will be conducted at least 500 feet from all non-participating persons (persons other 

than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless: 

2. Barriers or structures are present that sufficiently protect non-participating persons from 

debris in the event of an accident. The PIC will ensure that non-participating persons remain 

under such protection. If a situation arises where non-participating persons leave such 

protection and are within 500 feet of the sUAS, flight operations will cease immediately 

and/or; 

3. The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety assessment of 

the risk of operating closer to those objects and; 

4. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 

CFR 91.119(a). 

The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be 

conducted away from an airport or heliport as follows: 

 5 nautical miles (NM) from an airport having an operational control tower; or 

 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower; or 

 2 NM from an airport without a published instrument flight procedure or an operational tower; 

or 

 2 NM from a heliport with a published instrument flight procedure 

Flight operations closer to an airport or heliport than stated above require notification and approval from 

the local Flight Standards District Office and airport controller. When flying outside the "blanket" COA for

flights at or below 200 feet, Tonon USA will apply for a separate COA specific to the airspace required for

their operation. Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS 

proposed herein and carrying flammable fuel, any risk associated with our operations is far less 

than those presently presented with helicopters and other conventional aircraft operating at or 

below 500 feet AGL. In addition, the low-altitude operations of the sUAS will ensure 

separation between these UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

14 CFR 91.121: Altimeter Settings 

This regulation requires each person operating the 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.” An onboard air pressure sensor and software resolve height 

differences as small as one centimeter. Altitude is controlled by measuring air pressure and the z-axis 

accelerometer/GNSS values. The starting point is a relative height measurement calculated 

by the flight controller. Altitude above the starting point is displayed on the pilot's handheld radio 

transmitter by telemetry, and alarms can signal conditions of interest. 

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions 

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our 

sUAS is limited to operations in controlled environments and has a limited flight time, which 

require an exemption from 14 CFR 91.151(a). 

To meet the 30 minute reserve requirement in 14 CFR 91.151, sUAS flights would be severely limited. 

Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within 

a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. 

An equivalent level of safety can be achieved by ensuring 5 min battery reserve at landing, enough 

to ensure that the sUAS safely lands at the ground station. 

This restriction would be more than adequate to return the sUAS to its planned landing zone 

from anywhere in its limited operating area. Battery voltage under load is displayed on the pilot's 

handheld radio transmitter during flight. The CineCopter II uses 2 lithium polymer batteries of a multi-cell 

design, connected in parallel for redundancy and optimal current delivery. Battery chemistry does not 
Tonon USA Petition Petition for Exemption Filed under Section 333

Page 8 of 10

support adequate current discharge below about 3 v per cell. Circuitry in the onboard flight controller 

measures voltage and will start a failsafe procedure to land before summed minimums are reached. In 

the event that one or more cells fail, these minimums may be reached sooner than expected, due to 

rapid current drain against a smaller number of functioning cells. Tonon USA pilots are trained to monitor 

voltage and recognize abnormal discharge in flight and to land sooner if forced. 

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration 

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. 

Therefore, 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 point where the pilot flying the sUAS will have immediate access to them, to the extent 

they are applicable to the sUAS. 

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections 

These regulations require that an aircraft operator 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...,” and 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 to Tonon USA. Maintenance will be accomplished by Tonon USA or the UAS 

manufacturer pursuant to the User Guide. An equivalent level of safety will be achieved because 

these sUASs are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the User 

Guide and the Operations Manual, the Operator will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, 

the Operator is the person most familiar with the aircraft and best suited to maintain the aircraft in 

an airworthy condition to provide the equivalent level of safety. 

PUBLIC INTEREST 

Approval of exemptions allowing commercial operations of sUASs for precision aerial surveys 

enhances safety while reducing risk. Manned aircraft photo and data acquisition creates a 

greater risk because the craft are much larger, have combustible fuel, and carry onboard 

human pilot and personnel. In contrast, a sUAS weighing less than 25 pounds and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. 

The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. 

Conducting photo and data acquisition with the CineCopter II, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional photo and data acquisition flight operations. By using battery power and electric motors, the 

CineCopter II produces no air pollution and is a viable, environmentally conscious alternative to 

the cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized 

for photo and data acquisition, while burning approximately 20-30 gallons per hour of leaded aviation fuel. 

The CineCopter II, while reducing the carbon footprint of photo and data acquisition, also reduces noise 

pollution as the sUAS is propelled by battery powered electric motors rather than an internal 

combustion engine. 

EQUIVALENT LEVEL OF SAFETY 

Tonon USA proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate within the limitations listed herein. 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 represent a safety enhancement to the 

already safe protocols followed by aerial survey operations conducted with helicopters and 

other conventional aircraft. 
Tonon USA Petition Petition for Exemption Filed under Section 333

Page 9 of 10

Tonon USA will be bound by the following limitations when conducting its sUAS operations under an FAA 

issued exemption: 

1. The sUAS will weigh less than 55 pounds. 

2. Flights will be operated within line of sight of a pilot and observer. 

3. Flights will be terminated at 5 min power reserve. 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. Flight operations will be conducted away from an airport or heliport as follows:

 5 nautical miles (NM) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an operational

tower; or

 2 NM from an airport without a published instrument flight procedure or an operational

tower; or

 2  NM from a heliport with a published instrument flight procedure

6. Flight operations closer to an airport or heliport than stated above require notification and

approval from the local Flight Standards District Office and airport controller.

7. Flight operations will occur during daylight hours and under visual meteorological conditions only. 

8. When flying outside the "blanket" COA for flights at or below 200 feet, Tonon USA will apply for a 

separate COA specific to the airspace required for their operation. 

9. Minimum crew for each operation will consist of the sUAS pilot and visual observer. 

10. The PIC will either hold an airline transport, commercial, private, recreational, sport pilot 

certificate, or: 

a. Be licensed to fly a sUAS in an EASA-country 

b. Have taken an FAA or EASA PPL(H) ground instruction and have passed the relevant 

examination. 

c. Have taken an EASA-approved sUAS ground instruction and have passed the relevant 

examination. 

d. Have taken an EASA-approved sUAS practice instruction on the aircraft to be piloted and 

have passed the relevant examination. 

The PIC must also hold a current FAA or EASA airman medical certificate or a valid U.S. driver’s 

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the 

Federal government. 

11. The pilot and visual observer will have been trained in the operation of the sUAS. 

12. The pilot and visual observer will at all times be able to communicate by voice 

13. Written and/or oral permission from the relevant property holders will be obtained. 

14. Flight operations will be conducted at least 500 feet from all non-participating persons, 

vessels, vehicles and structures unless: 

a. Barriers or structures are present that sufficiently protect non-participating persons from 

debris in the event of an accident. The pilot will ensure that non-participating persons 

remain under such protection. If a situation arises where non-participating persons leave 

such protection and are within 500 feet of the sUAS, flight operations will cease 

immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety assessment of 

the risk of operating closer to those objects and; 

c. Operations near the pilot or visual observer do not present an undue hazard to the pilot or 

visual observer. 

15. If the sUAS loses communication or loses its GNSS signal, the sUAS will have the capability to 

return to a safe, pre-determined location and land. 

16. The sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies. 
Tonon USA Petition Petition for Exemption Filed under Section 333

Page 10 of 10

PRIVACY 

All operations shall be conducted over private or controlled‐access property with permission from the

property owner/controller or authorized representative. Permission from property owner/controller or

authorized representative will be obtained for each flight to be conducted. Images taken will be of

individuals who have also consented to being photographed or otherwise have agreed to be in the area

where aerial photography will take place. 

Federal Register Summary 

Dr. Fulvio Tonon, President and Principal Engineer, Tonon USA LLC, 538 W 21st St #27244 

Houston, TX 77008-3642, petitioned the FAA on behalf of Tonon USA, llc. for an exemption from part 21 

and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 

91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code 

of the Federal Regulations (14 CFR). The exemption would allow commercial operation of 

CineCopter II small Unmanned Aircraft Systems (sUASs) for aerial photo and data acquisition. 

******* 

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 Tonon USA’ sUAS for 

aerial photo and data acquisition. 

Sincerely, 

Fulvio Tonon, Ph.D., P.E. (Texas, Italy) 

Principal Engineer and President 

Tonon USA: Engineering, Measurements and Testing, LLC