George Tio

3012 Lexham Rd. Louisville, KY 40220
4/29/2015 U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave., SE Washington, DC 20590

**Re:** Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from **14 C.F.R. Parts 21 ; 45.23(b); 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9**  **(b)(2); 91.109(a); 91.119; 91.121; 91.151(a); 91.203(a) and ( b); 91.319 (a)(1); 91.405 (a); 91.407 (a)(1);**  **91.409 (a)(2) and 91.417 (a) & (b)**  Dear Sir or Madam, I, George Tio, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, George Tio, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, George Tio, may operate my small ultra light weight unmanned aircraft system (“UAS”) commercially in airspace regul ated by the Federal Aviation Administration (“FAA”). As described herein I, George Ti o , am an experienced RC multi

-copter enthusiast, in the state of Kentucky. I intend to use my AeroSky H100 and DJI F550 equipped with a GoPro camera for aerial photography/videography/cinematography. My small lightweight UAS is a cost effective and potentially safer option than utilizing the industry standard single engine plane or rotorcraft for aerial p hotography. If given the exemptions required to commercially fly a UAS, I will operate my UAS in a safe and effective manner while observing all guidelines set forth by the exemption

. Granting my, George Tio’s, request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for commercial photography. Further I, George Tio , will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below I, George Tio , respectfully request the grant of an exemption allowing me to operate ultra light weight, remote controlled UAS’s for commercial aerial photography/videography/cinematography.George Tio  2

**I. Contact Information:** George Tio 3012 Lexham Rd. Louisville, KY 40220 gearbrain@gmail.com

**II**

. **The Specific Sections of Title 14 of the Code of Federal Regulations From Which George Tio Requests Exemption are:**  14 C.F.R. 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 61.13 3 (a) 14 C.F.R. 91.7 (a) 14 C. F.R. 91.9 (b)(2) 14 C.F.R. 91.109 (a) 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) and (b) 14 C.F.R. 91.319 (a) (1) 14 C.F.R. 91.405 (a) 14 C.F.R. 91.407 (a)(1) 14 C.F.R. 91.409 (a)(2) 14 C.F.R. 91.417 (a) & (b) **III. The Extent of relief George Tio seeks and the Reason He Seeks Such Relief:**  I, George Tio, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, George Tio , contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My, George Tio ’s, ultra light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS i s expressly contemplated by the Reform Act. I would like to operate my ultra light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; W hether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption fo r me, George Tio. M y UAS utilizes four (4) counter

- rotating propellers for balance, control and stability. My UAS is equipped with GPS and auto return safety technology. W eig hing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, George Tio, consider safety as foremost with each flight. My UAS is designed to hover in place via GPS and operate in less than a 20 knot wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 10 KPH. Built in safety systems include a GPS mode thatGeorge Tio  3

allows my UAS to hover in place when radio controls are released. . W hen pilot communication is lost UAS is designed slowly descend to point of take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, cond itions and weather. Utilizing battery power rather than combustible fuels, flights generally last between three (3) to fifteen (15) minutes, with an altitude under one hundred fifty (150) feet AGL. I, George Tio, will operate my UAS with a fully charged battery and will ensure there is enough power to return to the original starting destination with 2 minutes reserve on a battery as tested lasting 22 minutes. **IV. Ho w George Tio’s Request Will Benefit the Public A**  **s A Whole:**  Aerial videography is traditiona lly achieved using small single engine aircraft equipped with large cameras. In order to achieve a clear picture, the pilot is tasked with performing ground reference maneuvers at around 1000ft AGL. By utilizing a UAS for this function, pilots reduce the risk of damages to persons or property in the event of an in flight emergency. Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act.
**V. Reasons Why**

**George Tio’s Exemption Will Not A dversely**  **A ffect Safety**  **Or How The Exemption Will Provide a Level of Safety A**  **t Least Equal To Existing Rule:**  I, George Tio, believe that by allowing this exemption, it will create the beginning framework fo r other UAS enthusiasts to operate their aircraft in a much more regulated and safer environment. By creating laws and regulations for commercial UAS use, it will legitimize the industry and create a clear path for safer aviation. Additionally, my UAS is equipped with fail safe programming that allows it to fly and return safely if the pilot were to become incapacitated, or the connection was lost.

**VI. A Summary** 

**T he FAA** 

**May Publish in the Federal Register:**  14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, we ight and enclosed operational area of my, George Tio ’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximi ty to areas such as airports and dense populations. My, George Tio ’s current and projected UAS's meet or exceed each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate wil l be applicable in the form contemplated by the FARs, this Regulation is i napplicable.George Tio  4

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regul ation is inapplicable. An equivalent level of safety will be achieved by maintaining safety/flight manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299 , 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction These regulations provide 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. UAS’s are remotely piloted aircraft and by design and do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with t he aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. Additionally, i n the absence of previous training requirements, George Tio is a seasoned UAS pilot having flown hobby grad UAS’s for a number of years without incident 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, George Tio. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal letterin g requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the mark ings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. § 61.113 ; 14 C.F.R. § 61.133 : Private Pilot Privileges and Limitations; PIC; Commercial Pilot Privileges and Limitations : P ursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire

. I, George Tio , can achieve an equivalent level of safety as achieved by current regulations because my UAS does not carry any pilots or passengers. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined i n 14 C.F.R. § 61, et seq. Thus, allowing me, George Tio , to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b) and 14 C.F.R §61.13 3 (a)

. 14 C.F.R. 91.119: Minimum Safe Altitudes.George Tio  5

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, George Tio , will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, we ight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” I George Tio will be operating a UAS u tilizing battery power rather than combustible fuels, flights generally last between three (3) to fifteen (15) minutes, with an altitude under one hundred fifty (150) feet AGL. I, George Tio, will operate my UAS with a fully ch arged battery and will ensure there is enough power to return to the original starting destination with 2 minutes reserve on a battery as tested lasting 22 minutes.
14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

**Douglas Trudeau, Realtor®, Tucson A Z**  **- Section 333 Exemption Petition** 
The above

-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, George Tio’s, UAS. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airwo rthiness Certificates, sets forth for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, George Tio ’s, UAS meets an equi valent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislati on permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C. F.R. 91.7(a) prohibits theGeorge Tio  6

operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulat ion in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.
**In summary , Geor** **ge Tio seeks an exemption from the follo wing**  **Regulations:** 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. §§ 61.13 3 (a) ; 14 C.F.R. § 91.7 (a); 14 C. F.R. § 91.9 (b)(2) ; 14 C.F.R. § 91.109 (a) ; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.319 (a) (1) ; 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2) and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, George Tio 's, sma ll unmanned vehicle/lightweight unmanned aircraft vehicle in thereby enhance safety. My UAS craft do not contain potentially
Thank you for your time and consideration in this matter. Regards, George Tio