### August 26, 2015

Exemption No. 12614 Regulatory Docket No. FAA

– 20 15

– 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 o ur 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 ai rcraft system (UAS) to conduct aerial photography and data acquisition

.

See Appendix A for the petition submitted to the FAA des cribing 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 R egister 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, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic 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 r equested relief from

14 CFR part 21

, C ertification 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 collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 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 Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmann ed 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 t o 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 (part iculate 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 f eet 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 len ses, 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 ;

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

must be des ignated 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

ope rations 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 u pon 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 la w 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 wh ich the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any U AS 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 inspect ion 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal

### 5

government. The PIC must also meet the flight revi ew 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). Flig hts for the purposes of training the operator’s PICs and VOs (traini ng, 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 perm itted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, 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 visua l 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 f or airports not denoted with an ARP, the center of the airport symbo l 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 exemptio n 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 o r when visibility is less than 3 statute miles from the PIC.

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

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the e vent 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 fo r 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 cond ucted 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

num ber, 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 enforcem ent 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

tha t 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 nonparticipa ting 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 control led

- access property with permission from the prop erty 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 vert ical boundaries of the operational area as defined by the applicable COA must be reported

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

### 7

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

containe d 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 a rea 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 f or 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 th e person responsible for the on

- scene operation of
the UAS;

d. Make, model, and serial or N− Number of UAS to b e 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 , un less sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresFulvio Tonon, Ph.D., P.E. (Texas, Italy) Principal Engineer and President Tonon USA: Engineering, Meas urements 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 Avia tion Regulations (FARs) to allow commercial operation of sUAS for aerial photography and data acquisiti on, 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 re quirements 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, Meas urements, 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 91.121Tonon 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 documen ts 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-appro ved 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 thos e 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 specificat ions which will enable it to comply with FAA
requirements and ensure the safety of people and propert y. The Principal, Dr. Tonon: in order to achieve
flight proficiency, has been trained by FlyingEye, t he small aircraft manufacturer; in order to acquire
aeronautical knowledge, he has taken an EASA-appr oved PPL(H) ground training course and he has
passed the relevant EASA-appr oved exam; in order to acquire ae ronautical knowledge specialized to sUAS, he has taken an EASA-approved sUAS ground tr aining course and passed the relevant EASAapproved exam; he holds an EASA Class 2 medical certific ate 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 operat ed 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 F AA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the te rm is defined under §4010 1 of the Act, including sUASs, from the requirement that all civil aircra ft 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 US C §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 Secr etary 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 determina tion, 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 t hat 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-roto r 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, autho rized 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 en sure power is provided in all circumstances

 Two independent GNSS receivers (each re ceiving 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 (i ndependent 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 vert ical and horizontal plane simultaneously. The sUAS will operate only in the pilot’s or vi sual observer’s visual line of sight at all times. Such operations will

insure that the sUAS will “not create a hazard to us ers of the national airspace system or the public.” Reform Act Section 333(b).

Given the small size of the sUAS involved and t he 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 exempt ion, 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 procedur al 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 Refo rm Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certific ate, 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 envir onment 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 Ce rtificate 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 cert ain experimental, provisionally ce rtified 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 certif icate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experim ental” can be placed. Given the size of the sUAS, 2 inch le ttering 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 operat ing the aircraft to have at least the qualification described in the following. Unlike a conventional aircraft that carr ies 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 safe ty 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 bas is 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 ce rtificate 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 t he requirements for private and commercial pilots are not necessary for the types of operation s 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 airm an 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-c ountry be allowed to fly a sUAS in the United States. In particular, Tonon USA PICs will either hold an airline transpor t, 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 in struction and have pas sed the relevant

examination. d. Have taken an EASA-approved sUAS practice (f light proficiency) instruction on the sUAS to be piloted and have passed the relevant examination.

Requirements a-d are much more restrictive than the pr ovisions set forth in the FAA’s Small UAS Notice of Proposed Rulemaking under Section E, and therefor e requirements a-d ensure an even higher level of safety. Syllabi of the EASA-approve d courses taken by t he 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 medi cal certificate or a valid U.S. driver’s license issued by a state, the Di strict 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 civ il aircraft unless it is in airworthy condition.

As there will be no airworthiness ce rtificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining ai rworthiness. Given the size of the aircraft and the requirements contained in the User Guide for ma intenance and use of safety checklists prior to each flight an equivalent leve l 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 abilit y 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 ce rtain 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 t hat 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 tr ansmitter 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 abilit y 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 oper ation 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 pres cribed 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 giv en 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 indivi duals will be aware of the planned flight operations.Tonon USA Petition Petition for Exemption Filed under Section 333

Page 7 of 10 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 (V O)), vessels, vehicles and structures, unless:

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

debris in the event of an accident. The PIC w ill 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 sU AS, 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 t he 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 pres ent 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 instrum ent flight procedure, but not an operational

tower; or

 2 NM from an airport without a published instrum ent 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 t han 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 ri sk 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-al titude operations of the sUAS will ensure separation between these UAS operations and the op erations 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 onbo ard 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. Altit ude 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 fo r beginning a flight in VFR conditions. Our sUAS is limited to operations in controlled env ironments 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 CF R 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 fli ght 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 operat ing 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 opt imal current delivery. Battery chemistry does notTonon 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 mini mums 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 ai rcraft 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 ca rry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achiev ed 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 bet ween required inspections, except as provided in paragraph (c) of this section, have discrepanci es 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. Main tenance will be accomplished by Tonon USA or the UAS manufacturer pursuant to the User Guide. An equiva lent 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 ens ure that the sUAS is in working order prior to initiating flight, perform required maintenance and ke ep a log of any maintenance performed. Moreover, the Operator is the person most familiar with t he 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 ope rations 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 la rger, 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 reduce d 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 Cine Copter II, instead of manned aircraft, will greatly benefit the public by drastically reducing the le vels 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 approximat ely 20-30 gallons per hour of leaded aviation fuel. The CineCopter II, while reducing the carbon footprin t of photo and data acquisiti on, also r educes noise pollution as the sUAS is propelled by battery power ed electric motors rather than an internal combustion engine.

EQUIVALENT LEVEL OF SAFETY Tonon USA proposes that the exemption reque sted 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 opera tions represent a safety enhancement to the already safe protocols followed by aerial surv ey 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 alti tude 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 hour s and under visual meteorological conditions only. 8. When flying outside the "blanket" COA for flight s 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 op eration will consist of the sU AS pilot and visual observer. 10. The PIC will either hold an airline transpor t, 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 in struction and have pas sed the relevant

examination. d. Have taken an EASA-approved sUAS practice instruction on the airc raft 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 Colu mbia, Puerto Rico, a terri tory, 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 protec t 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 t he 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 ex emption would allow commercial operation of CineCopter II small Unmanned Aircraft Systems (s UASs) for aerial photo and data acquisition.

******* Satisfaction of the criteria provided in Secti on 333 of the Reform Act of 2012 – size, weight, speed, operating capabilities, proximity to airp orts and populated areas and operation within visual line of sight and national security – prov ide 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, Meas urements and Testing, LLC