August 31, 2015

United States Department of Transportation Docket Management System 1200 NewJersey 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 belowso that TCM2 may operate its small unmanned aircraft/lightweight unmanned aircraft systems "UAS" in commercial airspace regulated bythe Federal Aviation Administration ("FAA").
Primary useswill be lowaltitude aerial photography and videofootage foreducational, agricultural, research, promotional, entertainment, and marketing 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: 14C.F.R. 45.23 (b): 14CFR 61m113 (a) & (b): 14C.F.R. 91, etseq.: 14CFR 407 (a) (1): 14CFR 409 (a) (2): 14 CFR 417 (a) & (b). U.S Dep'tofTrans. **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 relieffrom 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 331 and therefore the integration of our lightweight UAS is expressly contemplated by the Reform Act. We would like to operate our lightweight UAS priorto the time period bywhich 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 ofthe 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 ofthese items militates infavor of an exemption for TCM 2. Our UAS utilizesfourcounter

-rotating propellersforextreme balance, control and stability. Itweighs lessthan 5 pounds, including batteryand all equipment. This small unmanned aircraft isdesigned to primarily hover in place and operate at lessthan a 50 knot maximum speed. Itiscapable ofvertical and horizontal operation but operate only within the line ofsight ofthe 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. Safetysystems 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 ofthis small unmanned aircraft will not "create a hazard to users of the national airspace system orthe 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 byTCM 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 bythe UAS an Agricultural specialist would be able to detect ifthe crop needs more nutrients or ifthe 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 UASsfor 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 guidelinesIn 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 perflight:

• We land our UASwhen itreaches20% battery power:

• Our remote control pilot operates the UAS by line ofsight:

• Our remote control pilot has video backup and GPS locator should he somehow lose Sight ofthe 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 priortoflight duringwhich 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 awayfrom 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 isfocused on. Accordingly, our UAS has operated and will continue to operate at and above current safety levels.**6. Summary:** 

A. 14C.F.R. 21 and 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 ofTCM 2 UAS permits exemption from Part 21 because TCM 2 UAS meets an equivalent level ofsafety pursuant to Section333 ofthe 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 ofthe Reform Act. Both pieces of legislation permit the FAAto exempt UASs from the airworthiness certificate requirement in consideration of the weight, size speed, maneuverability and proximityto 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 bythe 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 ofthe UASs, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a manual atthe 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 ofthe Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. TCM 2 UAS is, by definition, unmanned. Ittherefore 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 inthe 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. Pursuantto 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 bycurrent regulations because TCM 2 UAS does not carry any pilots or passengers. The risks attendant to the operation of TCM 2 UAS isfar 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 UASwith 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 SafeAltitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. Itallows 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 ofTCM 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; 14C.F.R. § 91.119; 14C.F.R. § 91.121; C.F.R. § 91.151 (a); 14C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14C.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 byTCM 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 bygranting 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