February 12,2016

U.S. Department of Transportation

Docket Management System

1200 New |ersey Ave., SE

Washington, DC 20590

Request for Exemption under Section 333 of the FAA Modernization and Reform Actof 2072 and Part 11 of

the Federal Aviation Regulations.

Dear Sir or Madam:

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR

Part 11, I, Stephen T. Tardanico, dba TST Aerials, hereby apply for an exemption from Federal Aviation

Regulations to allow commercial operations of small unmanned aerial systems (sUASJ for the purpose of

acquiring aerial images, photography, videography, advertisement, aerial inspections, construction site

development and documentation, crop management private and municipal demonstration and training, real

estate marketing, and private events.

Name and Address of Petitioner:

Stephen T. Tardanico

dba TST Aerials

9 OId Main Street

Carver, MA 02330

508-866-6966 (home)

508-326-8037 fcell)

tsttruck@comcast net

The specific sections of 14 CFR from which I seek exemption are:

14 CFR Part2l subpart H

14 CFR 4s.23(b)

14 CFR 45.29

14 CFR 61.113[a) and [b)

14 CFR 91.7 (a)

14 cFR e1.e (b) (21

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119[c)

14 CFR 9t.121

14 CFR 91.151(a)

14 CFR 91".203 [a) and [b)

14 CFR 91.405(a)

14 CFR e1..a07@) (1)

14 CFR 91.40q (a) [1) and [2)

14 CFR 91".417[a) and (b)
The extent of relief and reasons I seek relief are:

14 CFR Part?l-, Subpart H: Airworthiness Certificates, 14 CFR 91.203 (a) (1)

Subpart H, Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by CFR 91.203 (a) tf).

Given the small size and limited operating area associated with the sUAS to be utilized by me, an exemption

from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333

of the Reform Act. The Federal Aviation Act (49 U.S.C.S44701 (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, weighg speed, operational capability, and proximity to airports and populated areas

of the particular sUAS.

The sUAS to be operated is less than 55 pounds fully loaded, carries neither a pilot nor passengers, carries no

explosive materials or flammable liquid fuels, and operates exclusively within a predefined area. Operating

the sUAS without an airworthiness certificate, in the restricted environment and under the conditions

proposed in this petition will be at least as safe, or safer, than a conventional aircraft ffixed wing or

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

14 CFR 45.23 (b) and 14 CFR 45.29: Marking of the Aircraft

Section 45.23 (b) states that "When marks include onlythe Roman capital letter "N" and the registration

number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted,"

"light-sport," "experimental," or "provisional," as applicable".

The sUAS has no entrance to a cabin, cockpit or pilot station on which the word "Experimental" can be placed.

Given the size of the sUAS, two-inch lettering is impractical. I seek an exemption from CFR 45.23.

I will ensure compliance with 45.29(fl to meet the intent of the regulation by displaying the unique FAA

registration number in the largest practicable lettering.

14 CFR 6L.L13 (a) & (b): Private Pilot Privileges and Limitations; Pilot in Command

Sections 61.113 [a) & [b) limits private pilots to non-commercial operations. Unlike a conventional aircraft

that carries the pilot and passengers, the sUAS is remotely controlled and carries no passengers. The area of

operation is controlled. An equivalent level ofsafety can be achieved by requiring the PIC operating the

aircraft to have a private pilot's license. The risks associated with the operation of the sUAS are so diminished

from the level of risk associated with commercial operations of conventional aircraft carrying combustible

fuel and passengers, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds

the present level of safety achieved by 14 C.F.R. 61.113 (a) & (b).

I am a private pilot and my certificate number is available upon request. Since there are currently no

applicable areas identified for sUAS in either the private or t}re commercial sector, I seek an exemption to

conduct commercial operations.

14 CFR 91.7(a)t 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. An equivalent level of safety will be provided by

my inspection of the sUAS prior to each flight and by complying with maintenance procedures outlined by the

manufacturer.

14 CFR 91.9 [b] (2]: Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (bJ (2) provides that no person may operate a U.S. registered civil aircraft-

[2) For which an Airplane or Rotorcraft Flight Manual is not required by 921.5 of this chapter, unless there is

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material,

markings, and placards, or any combination thereof.
The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at a ground control point where

I will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption

Nos. 8607, 8737,8738,9299,9299A,9565, 95658,1.0167,7A767A,1A6A2,32827, and 10700.

14 CFR 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA

approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level

of safety will be provided by making all preflight inspections of my sUAS as outlined in the owner's manual,

including reviewing weather, flight battery requirements, predetermined operating area, and aircraft

maintenance data before commencement of flight.

14 CFR 91.109: Ftight Insffuction

Section 91.109 (a) states 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.

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Therefore the

exemption is requested to train operators, build experience, and maintain proficiency. 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 The equivalent level of safety is provided by the fact that neither a pilot

nor passengers will be carried in the sUAS and by the size and speed of the aircraft.

14 CFR 91.1L92 Minimum SafeAltitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.L19 [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. As this exemption is for a sUAS that is a

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be

needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL. It

will however be operated in a safe and predetermined area. 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 of the advance notice to the

property owner, all affected individuals will be aware of the planned flight operations. Compared to flight

operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed herein and the

lack of flammable fuel, any risk associated with these operations is far less than those presently presented

with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the sUAS

will ensure separation between these sUAS operations and the operations of conventional aircraft that must

comply with Section 97.719.

14 CFR 9L.12Lr Altimeter Settings

This regulation requires each person operating an 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." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of safety will be achieved by me confirming the altitude of the

Iaunch site shown on the GPS altitude indicator before flight

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) 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

Ianding, 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."

The battery powering the sUAS typically provides less than 30 minutes of powered flight. To meet the 30

minute reserve requirement in 14 CFR 91.151would not be possible.

I will ensure that an equivalent level of safety will be achieved by limiting flights to 25o/o of remaining battery

power and that flights are completed with battery power remaining. This restriction will be more than

adequate to return the sUAS to the proposed landing zone from anywhere in its limited operating area and
does not promote the type of risks that Section 91.151(a) was intended to alleviate. Similar exemptions have

been granted to other operations, including Exemptions 2689F , 57 45, 10673, and 10808.

14 CFR 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in perlinent part:

(a) Except as provided in 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate.

[bJ No person may operate a civil aircraft unless the airworthiness cerrificate required by paragraph [a) of

this section or a special flight authorization issued under 91.7t5 is displayed at the cabin or cockpit entrance

so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, 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 all operating documents at the ground control point

where I will have immediate access to them. The FAA has issued numerous exemptions to this regulation.

14 CFR 91.405 (a);4O7 (a) (1); a09 [a) (Z); afi@) & [b): Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed

in Subpart E ofthis part and shall between required inspections, except as provided in paragraph [cJ ofthis

section, have discrepancies repaired as prescribed in Part 43 ofthis 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 the applicant Maintenance will be accomplished by me in accordance with manufacturer's

guidelines. An equivalent level of safety will be achieved because the sUAS is very limited in size and will

carry a small payload and operate only in predetermined 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. I will

ensure that the sUAS is in working order prior to initiating flight perform required maintenance, and keep a

Iog of all maintenance performed. Moreover, I am 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.

How my request would benefit the public as a whole:

My request for the commercial use of a sUAV would benefit the public as a whole in numerous ways. The

greatest benefit would be little to no carbon footprint left behind by the use of a sUAS, as compared to the

enormous amounts of fuel, oil and emissions that are associated with full scale aircraft. Another public benefit

would be the elimination of noise pollution, which can be annoying, and depending on proximity and decibels,

can be e)cremely frightening as well. The public would also benefit by the lack of damage caused by flying

dust and debris induced by rotor or prop wash and turbulence associated with low flying full scale aircraft.

The economic benefit to the public includes a cost effective answer for an otherwise expensive service,

allowing more money to be spent throughout the economy. The ever evolving use of the sUAS will continue to

provide public benefit as the technolory and applications continue to aspire to new heights.

Why my exemption would not adversely affect safety, and how it would provide a

level of safety at least equal to the existing rulei

My commercial operation of a sUAS will enhance safety by reducing risk. The size, weight, speed, and limited

operating areas of t}re sUAS significantly improves safety and reduces the risk of injury or property damage

and will be at least as safe, or safer than full scale aircraft carrying crew and fuel. AIso the use of a sUAS will

reduce the risk of slip and fall injuries during inspections involving height. The sUAS has a failsafe system that

insures any loss of signal of interference will return the sUAS to the predetermined landing point. Another

level of safety can be achieved by demonstrating, training, and informing the general public of know

"B4UFLY". To ensure safety I will comply with all applicable parts of 14 CFR as outlined in conditions and

limitations by the FAA, and adhere to the operations manual of the specific sUAS.
Summary;

My sUAS operation will be safely conducted to minimize risk by utilizing GPS technolory and programming

parameters of the specific area of operation. In the event of an emergenry, the sUAS will autonomously land

safely at a predetermined location via the failsafe mode.

AII preflight inspections, maintenance, and repairs will be conducted safely as per instructions as stated in the

user manual. All test flights conducted after any maintenance or repairs will be in a safe area no less than 500

feet from persons, structures, and personal property.

The radio frequency used will be 2.4 GHz, which has been proven to be extremely reliable. AIso 5.8 GHz will

be used to transmit live video feed as well as GPS telemetry and flight data pertaining to the safe operation of

the sUAS.

I am a private pilot holding a 3rd class medical and a DOT/CDL medical with no restrictions. I am a member

of the Academy of Model Aeronautics. I am a US citizen, and a veteran of the US Army. I pose no threat to the

security and safety of the NAS.

I have over 25 years of experience building repairing, programming, and flying RC airplanes, helicopters and

recently multirotor aircraft. This level of experience more than qualifies me to maintain the level of safety

required for the safe operation of my sUAS. My visual observer will be trained by me, and will be proficient

with all procedures necessary to conduct safe operation of my sUAS in the event of an emergency, or any

other unforeseen issue.

AII flights conducted for the specific services listed will be in a predetermined area clear of non participating

persons and property within the visual line of sight of me and my VO. All flights will be no higher than 400

feet AGL, at airspeeds not to exceed 87 knots or as recommended by the manufacturer, in VMC conditions, no

Iess than 3 statute miles visibility, no less than 500 feet below and no less than 2000 feet horizontal from

clouds. I will give way and maintain adequate separation from manned aircraft operations and activities,

which will exhibit a level of safety at least equivalent to that provided by the rule from which exemption is

sought.

Any accident or incident that results in injury or property damage will be reported to the FAA's UAS

Integration Office within 24 hours. Accidents will be reported to the NTSB as per instructions.

In the event a specific service is required within a 5 nautical mile radius of a local airport, a letter of

agreement will be obtained from the airport's managemen! and made available upon request.

The make and model of the aircraft for proposed operations are as follows:

DfI Phantom L, DfI Phantom 3 Pro, Df l Inspire 1 Pro, Df l Spreading Wings 51000, and Yuneec Q500. All

manuals and operating instructions for these aircraft are readily available on line.

Thank you for your consideration.

Respectfu lly submitted,

dba TST Aerials

9 Old Main Street

Carver, MA 02330

tsftruck@comqaSt.net

"/" n*ffulf{m steph& r. rarrianico