August 31, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

I am writing concerning the FAA Modernization and Reform Act of 2012 (the "Reform Act") and the

procedures contained in 14 C.F.R. 11. Iam requesting that TCM 2 Ariel Photography owned and 

operated by Brian and Daniel McNally be exempted from the Federal Aviation Regulations ("FARs")

listed below so that TCM2 may operate its small unmanned aircraft/lightweight unmanned aircraft

systems "UAS" in commercial airspace regulated by the Federal Aviation Administration ("FAA").

Primary uses will be low altitude aerial photography and video footage for educational, agricultural,

research,promotional, entertainment, andmarketing purposes.

TCM2 and Brian and Daniel McNally have operated a UAS on many occasions non-commercially without

incident. 

The UAS utilizes battery power, not combustible fuels. Flight time ranges between five and twenty

minutes. The UAS has GPS functionality to hover in place as well as a return to home function in case of

loss of contact with the radio. It has an audible and visual warning system and will start to descend

slowly if battery power reaches 25%.

TCM 2 's exemption request would permit its operation of lightweight, unmanned (piloted by remote

control) and comparatively inexpensive UASs in tightly controlled and limited airspace. As stated

earlier, Brian and Daniel McNally have UAS flight experience and is willing to abide and comply with the

FAA's current and forthcoming regulations.

For the reasons stated below, TCM 2 respectfully request the grant of an exemption allowing it to

operate lightweight, remote controlled UASs.
1. Contact Information:

Brian McNally

133 1/2 Springfield Street

Palmer,MA 01069

413-297-755 

e-mail: bmcnally107@comcast.net 

2. The Specific Sections of Title 14 of the Code of Federal Regulations from Which We Request

Exemption is:

14CFR 21:

14 C.F.R. 45.23 (b):

14CFR 61m113 (a) & (b):

14C.F.R. 91, et seq.:

14 CFR 407 (a) (1):

14 CFR 409 (a) (2):

14 CFR 417 (a) & (b).

U.S Dep't of Trans.

3. The Extent of Relief TCM 2 Seeks and the Reason It Seeks Such Relief:

TCM 2 submits this application in accordance with the Reform Act, 112 P.L. 95§§ 331-

334, seeking relief from any currently applicable FARs operating in cinematic,

educational, promotional, agricultural, research, entertainment, and marketing 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. Our lightweight UAS meets

the definition of "small unmanned aircraft" as defined in Section 331and therefore the

integration of our lightweight UAS is expressly contemplated by the Reform Act. We

would like to operate our lightweight 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 UASs that may operate

Safely in our national airspace system. Considerations include:

• The weight, size, speed and overall capabilities of the UAS:

• Whether the UAS will be operated near airports or populated areas: and,

• Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for TCM 2.

Our UAS utilizes four counter-rotating propellers for extreme balance, control and stability. Itweighs

less than 5 pounds, including battery and all equipment. This small unmanned aircraft isdesigned to

primarily hover in place and operate at less than a 50 knot maximum speed. Itis capable of vertical and

horizontal operation but operate only within the line of sight of the remote control pilot.

Utilizing battery power and not combustible fuels, flights generally last between five and twenty

minutes. We do not operate the UAS with less than twenty five percent battery capacity. Safety
systems in place include a GPS mode that allows the UAS to hover in place or return to takeoff location if

communication with the radio control pilot is lost and then slowly descend the UAS at twenty five

percent battery capacity. TCM 2 does not operate the UAS near airports or near populated areas. To

date, we have only operated the UAS in a non-commercial manner.

Our operation of this small unmanned aircraft will not "create a hazard to users of the national airspace

system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of the UAS, combined with

its operation in cordoned off and well-controlled areas, this falls within Congress's contemplated safety

zone when it promulgated the Reform Act and the corresponding directive to integrate UASs into the

national airspace system. Indeed, our UAS will not pose any threat to the general public or national

security.

The FAA has the authority to issue the exemption sought by TCM 2 pursuant to the Federal Aviation

Act, 85 P.L. 726 (1958), as amended (the "Act").

4. How this Request Will Benefit the Public As A Whole:

Granting this exemption request will benefit the public by promoting education, research, and 

promotional ideas within the agricultural communities TCM 2 would like to use UAS to fly agricultural 

fields for scouting, educating, researching and promoting increased yields in crops and animal

production. The information gathered by these flights will be used to educate and promote better

agricultural and resource management. Promotional and educational videos, photos, and images will be

used to educate and train farmers to increase crop production and detect early problems within the

farming operation. An example would be a UAS flying (and filming) a 100 acre field of newly emerging

crops. By analyzing the imagery taken by the UAS an Agricultural specialist would be able to detect if the

crop needs more nutrients or if the field is being invaded by pests. Recommendations would be made

and the farmer who could then adjust accordingly so maximum crop production is achieved. 

Educational and promotional films would be made to show additional farmers the benefit of using an

UAS to help increase their own yields. This crop increase would benefit the public as a whole. Not only

would the farmer get higher income from increased production, but the public would get more food on

the grocery shelves at lower costs.

TCM 2 would also like to use UASs for cinematic and entertainment purposes. The videos and imagery

captured would be put together in films that offer entertainment to the general public

audience. Progression of the arts and sciences has been fundamental to our society since its inclusion in

the United States Constitution. Congress mandated the integration of UASs into our national airspace

system, in part, to achieve progression in this noteworthy and inevitable field. Permitting TCM 2 to

immediately fly within the United States furthers these goals.

5. Reasons Why TCM 2 Exemption Will Not Adversely Affect Safety Or How The Exemption Will

Provide a level of Safety At Least Equal To Existing Rule:

This exemption will not adversely affect safety. Since TCM 2 has experience with flying UASs,

we are quite aware (and follow) FAA safety protocols and airspace guidelines
In addition we submit the following to represent the safety techniques we uphold when flying our UAS:

• Our UAS weighs approximately 5 pounds complete with all mounted equipment and battery:

• We only operate our UAS below 400 feet:

• Our UAS only operates for 5-20 minutes per flight:

• We landour UASwhen itreaches 20% battery power:

• Our remote control pilot operates the UAS by line of sight:

• Our remote control pilot has video backup and GPS locator should he somehow lose Sight of the UAS:

• We staff each flight with a remote control pilot and spotter with communication systems

Enabling real time communication between them:

• Our UAS has GPS flight modes whereby it hovers, returns to takeoff position and then

Slowly lands if communication with the remote control pilot is lost or battery power

Is below 20%:

• We actively analyze electronic flight data and other sources of information to constantly

Update and enhance safety protocols:

• We conduct briefings prior to flight during which safety carries primary importance:

• We have procedures in place to abort flights in the event of safety breaches or potential

Danger.

 The Equipment we intend to use during flights includes DJI Phantom 3 Professional and 

3DR Solo with camera attached. Both are commercially available and are proven to be 

safe. 

It is important to note that absent the integration of commercial UASs into our national airspace 

system, helicopters and manned airplanes are the primary means of aerial motion picture and

agricultural imagery. While the safety record of such aircraft is remarkably astounding, it is far safer to

operate a battery powered lightweight UAS. The potential loss of life is diminished because UASs carry

no people on board and TCM 2 only operates them in specific areas away from mass populations. There

is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. The small

size and extreme maneuverability of our UAS allows our remote control pilot to avoid hazards. Given

their small size and weight, even when close enough to capture amazing images, our UAS needs not be

so close to the objects it is focused on. Accordingly, our UAS has operated and will continue to operate at 

and above current safety levels.
6. Summary:

A. 14C.F.R. 21and 14C>F>R> 91:Airworthiness certificates and Manuals.

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, weight and enclosed

operational area of TCM 2 UAS permits exemption from Part 21because TCM 2 UAS meets an

equivalent level of safety pursuant to Section333 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 UASs from the

airworthiness certificate requirement in consideration of the weight, size speed, maneuverability and

proximity to areas such as airports and dense populations. TCM 2 UAS meets or exceeds 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 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 UASs, this Regulation is inapplicable. An equivalent level of safety

will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued

exemptions to their regulation in Exemption Nos 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167,

10167A, 10602, 10700 and 32827.

14C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as TCM 2 utilizes electronic global

positioning systems and internal gyroscopes to provide spatial coordination.

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 such certifications and registrations at TCM 2.

B. 14C.F.R § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications.

TCM 2 UAS is, by definition, unmanned. It therefore does 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. Regardless, TCM 2 will mark its UAS in the largest possible letters/mnumbers as directed by the 

FAA. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738,

10167, 10167A and 10700.

C. 14C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14C.F.R.§§ 61.113 (a) &

(b) private pilots are limited to non-commercial operations. TCM 2can achieve an equivalent level of

safety as achieved by current regulations because TCM 2 UAS does not carry any pilots or passengers.

The risks attendant to the operation of TCM 2 UAS is far less than the risk levels inherent in the

commercial activities outlined in 14C.F.R.§ 61, et seq. Thus, allowing TCM 2 to operate its UAS
with a private pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. §

61.113 (a) & (b).

D. 14C.F.R. 91.119: Minimum Safe Altitudes.

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. TCM 2 will never operate at an altitude greater than

400 AGL. Given the size, weight, maneuverability and speed of TCM 2 UAS, an equivalent level of

safety will be achieved.

E. 14C.F.R. 91.405 (a) (2); 417 (a) & (b): Maintenance Inspections.

The above cited Regulations require, amongst other things, aircraft owners and operators to "have

aircraft inspected as prescribed in subpart E of this part and shall between required inspection, except

as provided in paragraph © of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter ...."

These Regulations only apply to aircraft with an airworthiness certificate. Therefore, they will not apply

to TCM 2 should its requested exemption be granted. TCM 2 conducts a maintenance program that

involves regular software updates and curative measures for any damaged hardware. Therefore, an

equivalent level of safety will be achieved.

F.Summary

TCM 2 and Brian and Daniel McNally seek an exemption from the following 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. § 91.7 (a); 14 C.F.R § 91.9 (b)(2); 14

C.F.R.§ 91.103(b); 14 C.F.R.§ 91.109; 14 C.F.R. § 91.119; 14C.F.R. § 91.121; C.F.R. § 91.151 (a); 14 C.F.R.

§§ 91.203(a) and (b); 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. §

91.409 (a)(2);and 14 C.F.R.§§ 91.417 (a) & (b) to commercially operate its lightweight unmanned aircraft

in agricultural, educational, promotional, research, and motion picture or photography operations.

Granting TCM 2 request for exemption will reduce current risk levels and thereby enhance safety.

Currently aerial agricultural and motion picture image filming rely primarily on the use of larger aircraft

running combustible fuel. TCM 2 aircraft does not contain potentially explosive fuel, is smaller, lighter

and more maneuverable than conventional aircraft TCM 2 UAS operates at lower altitudes and in

controlled airspace. There are no people on board TCM 2 UAS and therefore the likelihood of death or

serious bodily injury is significantly limited. TCM 2 operation of its UAS, weighing less than 5 pounds and

travelling at speeds lower than 50 knots will provide at least an equivalent level of safety as that achieved

under current FARs.

Accordingly, TCM 2 respectfully requests that the FAA grant its exemption request without delay.

The FAA has the authority to issue the exemption sought by TCM 2 pursuant to the Federal Aviation

Act, 85 P.L. 726(1958), as amended (the "Act").

In closing TCM 2 would like to state that by granting TCM 2 the exemption the FAA would be helping a

small business accomplish two important things that would benefit the general public. 1) the potential

increase of crop production for farmers... which in turn produces more food for the consumer at lower

prices. 2) Entertainment and educational value for all public audiences.

Respectfully submitted,

Brian McNally 

owner/operator

TCM 2

133 1/2 Springfield 

Street

Palmer, MA 01069