Thomas F. Tauslcey 1882 S. Parker Rd. Denver, CO 80231 303-475-9293 ttauskey@f,

, mail.com

August 7, 2015
U. S. Department of Transportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Ave., SE Washington, DC 20590

Re: Application for Exemption Pursuaiit To Section 333 of the FAA Reform Act of 2012 from the following Federal Aviation Regulations ("FAR's") 14 CFR § 21, subpart H, 14 CFR §45.23 (b); 14 CFR §§ 61.23 (a) and (c); 61.101(c)(4) and (5); 61.113(a); 61.315(a); 14 CFR §§ 91.7(a); 91.9 (b) (2); 91.103; 91.109(c); 91.119(c); 91.121; 91.151(a)(1);

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2) and 91.417(a) and (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernizatioiz and Reform Act of 2012 (Reform Act) and 14 CFR Part 11, Thomas F. Tauskey ("Applicant") requests certaiii limited exemptions from the captioned FAR's in order to own and operate small Unmanned Aircraft Systems (UAS) equipped to conduct commercial aerial photography and videography and for aerial data collection, inspection of structures and documentation of personal and real property so long as such operations are conducted within the conditions outlined lierein or as may otherwise be provided under FAR's.

The Reform Act gives the Secretary of Transportation authority to dctei

- minc if' certain UAS may operate safely in the national airspace system (NAS) before completion of the FAA's plan and rulemaking to integrate UAS into the NAS. The Reform Act directs the Secretary to consider which types of UAS as a result of their size, weight, speed, operational capability, proxiinity to airports and populated areas, and operation within Visual Line of Sight (VLOS) do not create a 1lazard to users of the national airspace or a threat to national security. If the Secretary determines such aircraft niay operate safely in the NAS the Secretary "sliall establish requirements for the safe operation of such aircraft."

The granting of this exemption request will benefit residential and commercial real estate, construction, agricultural and other industries by authorizing highly controlled UAS operations at or below 400 feet above ground level (AGL), within Visual Line of Sight (VLOS) by the Applicant who holds FAA Conimercial Pilot certificate 1925911 or at times by another Pilot in Conunand (PIC) determined by the Applicant to be qualified and compliant with all FAR's.Application for Exemption — Thoinas F. Tauskey

August 7, 2015 Page 2 of 4

Operations under the requested exemption would be limited to fliglits under VLOS, during daylight liours over privately owned property upon obtaiiiing appropriate consent from owners and other interested parties. All UAS equipment operated under this applicatioil would weigh less than 10 pounds including the payload, will operate at no more than 30 knots and have the capability to liover, and move vertically and horizontally sinzultaneously. It is anticipated that all operations would be conducted with the assistance of a Visual Observer who by maintaining the Subject UAS in VLOS and by verbal communication will assist the PIC to ensure in the area to be over-flown and surrounding are aiid remain clear of issues to safety.

All flight operations conducted under the requested exemptions will be by an FAA certificated pilot in conformance with all applicable FAR's and so that operation of the Subject UAS will not create a hazard to users of the National Airspace System ("NAS"), the public, property owners, or operators. The grant of this exemption request is in the public interest, would not create a hazard to users of the NAS or the public or pose a tlireat to national security.

The UAS proposed to be operated under the requested exemption will be a DJI Phantom 2 Vision+ (°`Subject UAS) whicli carries neither pilot, passenger, flammable liquids nor explosive materials and is controlled by radio communications over on a frequency wliich complies with regulations of the Federal Communications Commission (FCC). By reference a copy of the User Manual (V 1.8) for the Subject UAS is iiitended as Attachment "A" to this application and can be viewed online at: http://download.dii-innovations.com /downloads/phantom-2-vision/en/Phantom

- 2_Ilision_User_ Manual v1.8 en.hclf.

Given the size, weiglit, speed, aiid liniited operating area associated with operation of the Subject UAS and the restricted environment and conditions proposed, operations will be at least as safe, or safer, than a conventional aircraft operating with an airwortliiness certificate witliout said restrictions. The Subject UAS does not llave a cockpit, cabin, or pilot station and the size of aircraft identification and restriction markings will necessarily be reduced to be smaller than the required minimum. Such markings (e.g. "Experimental" and the FAA assigned "N" number) will, liowever, be as clearly discernible as possible and will otherwise comply with FAR's.

Following are references to certain FAR's followed by a brief explanation of why operation of the Subject UAS cannot comply with the same and why the proposed operations would nevertheless be safe and qualified under Section 333:

14 CFR 21, Subpart H and 14 CFR 91.7(a): As no airworthiness certificate has been issued for the Subject UAS the FAA regulatory standard for determining airwortliiness has not been met. However, prior exemptions have been granted to other applicants intending to operate the identical or substantially similar models of this aircraft . As noted below, by use of appropriate maintenance, pre-flight and operational practices in connectioil with each flight a level of safety equivalent to certifcated aircraft will be attained. The "Phatitom Pilot TrainingApplication for Exemption — Thomas F. Tauskey

August 7, 2015 Page 3 of 4

Guide" provided by the aircraft manufacturer by reference is incorporated as Attachment "B" to this application. The provisions therein will be iiicorporated into all operations and so will ensure safe operation of the Subject UAS. The complete pilot training guide can be viewed online at. http://download.dii-innovations.com/downloads/phantom 2 vision plus/en/ Phantom 2 Vision Plus Pilot_Training_Guide_ vl.l_en.pdf.

14 CFR 91.9 (b) (2): The Subject UAS in not capable of carrying a fligllt manual on the aircraft, however an equivalent level of safety will be maintained by keeping the flight manual at ground control point where the PIC will have invnediate access.

14 CFR 91.103: An FAA approved fligllt manual will not be provided for the Subject UAS so an exemption from this regulatioii is requested. Normal procedures to be followed will include but not be limited to; review of weatlier conditions, physical conditions at and surrounding the intended flight area, battery life requirements as related to the location of intended flight and takeoff and landing points and distances. All suggested safety and operational practices ancl protocols set out in the User Manual (Attachment A) will be followed.

14 CFR 91.109: The Subject UAS does not 11ave fully functional dual controls. Flight control is achieved tllrough the use of a control box linked to the aircraft via radio communication. A level of safety contemplated by this regulation will be achieved, however, because neither a pilot nor passenger will be oii the Subject UAS and by its liinited speed, size and range and operation over areas first cleared of persons on the ground.

14 CFR 91.121: The Subject UAS does not have a barometric altimeter buts a GPS based altitude read out provides an equivalent or higher level of safety since the PIC receives live fliglit data by radio telemetry which enables monitoring and confirming current altitude when considered with the elevation of launch site and as shown on GPS altitude iiidicator. The Subject UAS will not be operated at an altitude greater tlian 400 feet above ground level.

14 CFR 91.203 (a) and (b): Similar to 14 CFR 91.9 (b) (2), given the size and configuration, the UAS lias no ability to carry certificate and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequately stow sttch documents. An equivalent level of safety wili be achieved by keeping these documents, to the extent they are applicable to the UAS, at the ground control point wliere pilot has immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a)(1), 14 CFR 91.409 (a)(2), 14 CFR 91.417 (a) and (b): Given these sections apply to aircraft with an airworthiness certificate they do not apply to the Subject UAS. As a normal safety protocol the operator will perform preflight inspections and ensure UAS is in working condition before initiating each flight.Application for Cxeinption — Thomas F. Tauskey

August 7, 2015 Page4of4

In consideration of requested exemptions from FAR's, and i,l summary, the Applicant would restrict operation of the Subject UAS as follows:

1. Limit the gross weiglzt of the Subject UAS to less than 10 pounds. 2. Restrict the speed of the Subject UAS to the lesser of the maximum operating airspeed recommended by the inanufacturer or 100 miles per hour. 3. The maximum altitude of operation of the Subject UAS above ground level will not exceed 400 feet. 4. The Subject UAS will be operated within visual line of sight (VLOS) of the PIC at all
ttmes. 5. All operations will utilize a visual observer (VO) to assist the PIC in maintaining VLOS of the Subject UAS and situational awareness of potential hazards in the flight

area. 6. Prior to each flight the Applicant or a qualified and designated PIC will conduct a pre-flight inspection of the Subject UAS and confii

- ni it is a condition for safe flight. 7. Flight operations will not be conducted at night. 8. Flight operations will be conducted under Visual Meteorological Conditions (VMC) 9. No operations will be conducted within 5 nautical iniles of an airport. 10. Operations will be conducted to allow a reserve of available power of five (5) minutes or the reserve recommended by the manufacturer wliicliever is greater.

Accordingly, the stated and intencled uses of the Subject UAS and the operational controls and limitations noted above will provide benefts to the public, property owners and other interested parties as consumers of photographs, video and such other data and information all of which can be safely obtained by use of the Subject UAS in the above manner.

Because safe operation of the Subject UAS is so ensured and because the above operations and exetnptions are reasonable and substantially siirnilar to those previously granted other similarly situated applicants, this request is in the public interest and compatible with integration of civil unmanned aircraft systems (UAS) into the national airspace, a stated goal of the 2012 Reform Act.

Thank you for your consideration of this applicatioil foi - wllich approval is requested.
R pectfull s mttted,


# ~~~~ ~ Thomas 1. Tauskey

Attachment "A" DJI Phantom 2 Vision+ User Manual (see hyperlink in text on page 2) 

### Attachment "B" DJI Phantom 2 Vision+ Pilot Training Guide (see liyperlink in text on page 3)

TFT: Lexar:2015: Drones