':.): ; October27, 2015

"'.'f: ' • ·, .j I U.S. Dept. ofTransportation, DocketOpe'rations · West Building Ground Floor, Room w12-140 1200 NewJersey Avenue, SE., Washington, DC 20590 VIA FAX (202) 493-2251 & U.S. MAIL MTP Operating Company 1670 Honoapiilani Hwy Wailuku, HI 96793 albertboyce@gmail.com

Re: Exemption Request under Section 333 ofthe FAA Reform Actand Part 11 ofthe Federal Aviation Regulations Dear Siror Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, MTP Operating Company, LLC, seeks an exemption from Federal Aviation Regulations ("FARs") detailed below forthe following described Unmanned Aerial System called in this application the ME System, which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew: THE UNMANNED AIRCRAFT (UA): • A lightweight (3.3 kg grossweightwith all on-board equipment), battery operated 6-motor rotorcraft in the form ofa quadcopterthattakes offand lands vertically, manufactured by DJI, Model S900, that includesthe following equipment in flight; • An on-board flight computerwith GPS navigation and location ability that receives signals forflight controls from a ground-based transmitter/controller; • An on-board camera capable ofcapturing imagery in the form offull color, high definition still photos and video; • An on-board telemetry system that deliversflight data from the on-board flight computerto the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and direction backto its launch site; • A 2.4GHz on-board radio transmitterthat transmits live video from the on-board camera plus all the flight data from the telemetry system described above; THE GROUND STATION -BASED PART OF THE SYSTEM: • A Pilot in Command (PIC) in operational control ofa flight operation from beginning to end and who controls the UAwhile in the air; • A 2.4GHz radio transmitter/controlleroperated by the PIC to control the UAwhile in flight; • A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen forthe PIC to view during flight; • A Visual Observer (VO) is a person who provides a second pair ofeyes to visually trackthe UAwhile in flight. The requested exemption would supportan application for a commercial Certificate ofAuthorization to use the above described ME System to support the rapid delivery offreshly-harvested specialty fruits and vegetables from land owned by applicant, to a kitchen owned by applicant, neveroperating over persons notdirectly involved with the ME system. The UA, powered by batteries, is smaller, lighterand more maneuverable than largeraircraft running on combustible fuel, it operates at loweraltitudeswith no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood ofdeath or serious bodily injury. With a small payload and maximum flighttime ofonly 18 minutes, this is offers no risk to national security. Page 1 of7

# ...... _______________

The UA is a safer, more environmentally friendly method to deliver produce from hilly fields and terrain that do not benefitfrom paved orgravel roads. Additionally, we requestthatwe be allowed to use oursystem to benefitfirst responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so. The ME Systemwill be operated in the field with both a PIC and aVO in accordancewith FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: a) No flightwill be madewith a UA Grossweight exceeding 55 pounds; b) All operations must occur in FAA Class G airspaceat no more than 400ftAGL, at an airspeed ofno more than 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). TheVO and PIC must be able to communicate by voice atall times during a flight operation; d) Operations will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a mannerconsistentwith 14 CFR 

### § 61.51 (b), a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at leastten hours logged as a UA pilotwith a similar UAtype; f) All required permitswill be obtained from state and local government priorto operation; g) The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at air shows; i) The ME Systemwill not be operated overany open-air assembly ofpeople; j) The ME Systemwill not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM ofan airport or heliport; I) Operationswill be restricted to day only and weather conditions equivalentto VFR; m) The PIC will briefthe VO and property owneraboutthe operation and risk before the firstflight at each new location; n) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain thatthe UA is in a condition safe for flight (seeAppendix A). The PIC and VOwill meetthe requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part oftheir initial training. We submitthatthe combination ofthe UA's lightweight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will have an equivalent orgreater level of safety than manned aircraft performing the same mission. The name and contact information ofthe applicant are:

_. MTP Operating Company, LLC Attn: Albert Boyce Ph: (209) 479-2896 Email: albertboyce@gmail.com The regulations from which the exemption is requested are listed below. Beside each regulation number is the page ofthe attached Addendum upon which each may be found together with our proposed equivalent level of safety for each regulation: 

### Page 2 of7

### -14 CFR Part 21

.................................. Addendum Page 1 -14 CFR 91.203

..................................Addendum Page 1 -14 CFR 45.23, 45.29

...........................Addendum Page 2 -14 CFR 91.9

...................................... Addendum Page 2 -14 CFR 61.113, 61.133

........................Addendum Page 2 -14 CFR 91.109, 91.119, 91.121

..............Addendum Page 3

- 14 CFR 91.151

................................... Addendum Page 3

- 14 CFR Subpart E (91.401
- 91.417)

......Addendum Page 3 -FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

...Addendum 1 Page 4 

### We are prepared to 

### modify or amend any part ofthis requestto

### satisfythe need foran equivalentlevel ofsafety. Please contact us atany time ifyou require additional information or claMfication. We lookforward toworking with your office.
Sincerely,

Albert Boyce
- Manager MTP Operating Company, LLC Addendum containing Exemption Requests and Equivalent Level of Safety Appendix A- Flight Manual Appendix B
- Owner's Manual for UA



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## \ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY MTP Operating Company, LLC, requests an exemption from the following regulations aswell as any additional regulations that may technically apply to the operation ofthe ME System:
14CFR Part21, Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued forthe ME System undereither or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crewtraining, we would expectthat an experimental certificate would permit our commercial purpose aswell. The aircraftwill not carry persons, will not carry fuel, and will only fly understrict operational requirements. Combined with the UA's lightweight, being constructed primarily ofcarbon fiber and plastic, we propose thatthe UAwill be at leastas safe, ifnot safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew." Ata maximum grossweight of3.3 kg., the UA is too small to carry documentation, does not have an entrance, and is notcapable ofcarrying passengers orcrew. To obtain an equivalent level ofsafety and meetthe intent of 91.203, we propose that documents deemed appropriate forthis aircraft by the FAAwill be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identify the aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23, which follows immediately afterthe proposed placard description below: EXPERIMENTAL Manufacturer: DJI Innovations, Inc. 950 E Baseline Ave. Ste. 210 Apache Junction AZ 85119 Model: S900 Iffound please contact: (808) 244-7643 Page

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### 714 CFR45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration numberassigned to it by the FAA. We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraftwhile it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, wewill display atthe ground station a high contrast flag or bannerthat contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraftwill operatewithin 3/4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin. 14CFR 91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume thatthe intent ofthis requirement isto ensure thatflight manual information is available to the aircrewwhile operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved UA Flight Manual (AppendixA) must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight. 14CFR61.113 Private pilot privileges and limitations:mand and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a private pilot certificate may act as pilot in command ofan aircraftforcompensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does notcarry passengers or property forcompensation or hire. Our proposed operations require that the PIC must either 1. Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours offlight experience in this type of UA, or 2. Meetthe requirements of8900.227 para 16(c)(2)(c) "Operationswithout a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilotwritten examination." Since there are currently no means available forthe pilot ofa UAS to gain the experience in an equivalent category and class in orderto apply for a commercial pilot's license, we propose to generate an equivalent level ofsafety by requiring our pilots to complete, ata minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilotwritten examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meetthe intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business. 14 CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flighttests The regulation states that "No person may operate a civil aircraftthat is being used forflight instruction unless that aircraft has fully functioning dual controls." The ME System ground-based control station consists ofa small hand-held radio transmitter and while itdoes notoffer a second set of"controls", both the student and instructor can, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel thatthis technique meets the intent 91.109 and provides an equivalent level ofsafety. 14 CFR 91.119 Minimum safe altitudes: General. 

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### 7The regulation states that oversparsely populated areas the aircraft cannot be operated closerthan 500 feetto any person, vessel, vehicle, orstructure. Since the aircraftwill be operating ata maximum of400 feetAGL, we cannot comply with this requirement. In orderto provide an equivalent level ofsafety wewill only fly over private property with a size ofat leasttwo acreswith the permission ofthe ownerofthe property flown over. The aircraftwill not be operated over congested areas oroverany open air assembly ofpersons. The property ownerwill be briefed on the expected route offlight and the associated risks to persons and property on the ground. The aircraftwill be operated ata low altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 

### 14CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimetersetting available within 100 NM ofthe aircraft. The UAwill always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflictwith other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA on-board computerto the display screen held by the PIC, providing a constantly updated AGL readout. 

### 14 CFR 91.151 Fuel requirements forflight in VFRconditions. The regulation provides that no person may begin a flight in an airplane underday-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly afterthat for at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The UA is battery operated and the maximum duration offlight from a single battery charge is 18 minuteswith a 20% reserve. Since the aircraftwill neverfly more than 

### % NM from the point of intended landing, a full battery charge at launch will ensure thatwe meet the reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and askfor an equivalent interpretation with the word "energy". 

### 14CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation providesthatthe operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraftand "be authorized to approve the aircraftfor return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC will ensure thatthe aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturerortheir designated repairfacility. The PIC will document work performed in accordancewith 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. 

### 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part

### 67 in orderto perform as a pilot orobserver. The UA maximum gross weight is 

### 6.5 pounds, it is constructed ofcarbon fiber and plastic and the PIC is noton board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VOto meetthe same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose thatthe minimum medical requirements forthe PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirementwill ensure thatthe PIC and VO can see and avoid airtraffic; a licensed driver is medically qualified to operate a much largervehicle.
Page 

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### APPENDIX A- FLIGHT MANUAL FLIGHT RESTRICTIONS 

### a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAA Class Gairspace at no more than 400' AGL, atan airspeed of no more than 50 knots and no furtherthan 3/4 NM from the PIC; c) All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate verbally at all times during aflight operation; d) Operationswill be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistentwith 14 

### CFR 

### § 61.51 

### (b), a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at leastten hours logged as a UA pilot with a similar UAtype; 

### f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated overany open-air assembly of people; j) 

### The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 

### 5 NM ofan airport or heliport; I) Operations will be restricted to day only and weather conditions equivalentto VFR; m) PIC will confirm that no people are below or nearthe directflight path to and from destination. n) The PIC will briefthe VO and property owner about the operation and risk before the first flight at each new location; o) No flight may be made without a successful Pre-Flight Inspection by the PIC before each operation to ascertain that the UA is in a condition safe forflight. PREFLIGHT CHECKLIST 

### 1. Remote controller, aircraft battery, and mobile device are fully charged. 

### 2. Propellers are mounted correctly and firmly. 3. 

### Micro-SO card has been inserted if necessary. 4. Gimbal is functioning as normal. 5. 

### Motors can start and are functioning as normal. 6. 

### DJI Pilot app connected to the aircraft. TO REGAIN CONTROL AFTER LOST RADIO CONTACT 

### If radio contact is lost and not restored within 

### 3 seconds, an automatic Return to Home feature is activated and will bring the UAV backto the PIC.

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