Clive Tollman, Digipulse LLC , Irvine, CA

– Section 333 Exemption

Petition

May 21 , 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Dear Sir or Madam,

I, Clive Tollman

, owner of Digipulse, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R.11, to request that I, Clive Tollman

, owner of Digpulse LLC. , a Video Production Company, and owner/operator of 2 small unmanned

aircraft s , be exe mpted from the Federal Aviation Regulations (“FARs”) listed below so that I, Clive Tollman, may safely operate my unmanned aircraft system s (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

Applicant:

Clive Tollman Digipulse LLC 641 Wald, Irvine, CA 92618

949

- 233

- 0613 clive@digipulse.com

Regulations From Which The Exemption Is Requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.10314 CFR 91.109 14 CFR 91.119 (c)

14 CFR 91.121 14 CFR 91.203 (a) and (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) and (b)

Extent of Relief and Why:

14 CFR Part 21 subpart H

The UAS’s to be operated carry n either pilot nor passenger and carry no explosive materials or flammable liquids. Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, I request exception. In the

restricted environment and under the condit ions proposed operation will be at least as safe, or safer, than a conventional aircraft operating with an

airworthiness certificate without said restrictions.

14 CFR 45.23 (b) Due to the size of these UAS’s it does not have a cockpit, cabin, or pilot

sta tion on which to market certain words or phrases. Lettering would be very difficult to place on such a small aircraft and dimensions would need to be smaller than required minimum.

14 CFR 91.7 (a)

As there will be no airworthiness certificate for the air craft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size

of the aircrafts for maintenance and use of safety check list prior to each flight an equivalent level of safety will be provided.

14 CFR 91.9 (b) (2) Given the size and configuration, the UAS’s have no ability to carry a flight manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry flight manual. A n equivalent level of safety will be maintained by keeping the flight manual at ground con trol point where the pilot will have immediate access to it.14 CFR 91.103 As FAA approved flight manuals will not be provided for the aircraft an exemption will be needed. Normal procedures including but not limite d to; reviewing weather, flight battery requirement, landing and takeoff distances, along will all of those found in attachment "DJI Pilot Training" (See Appendix D) . An equivalent level of safety will be provided by preflight

protoco l to properly match th e machine.

14 CFR 91.109 UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved through the use of a control box that

communicates with the aircraft via radio communications. The equivalent

l evel of safety provided because neither a pilot nor passenger will be carried in the aircraft, and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b) I can achieve an equivalent level of safety as achieved by current regulations because my UAS ’s do not ca rry pilot nor passenger. While helpful, a pilots' license will not ensure remote control piloting skills.

14 CFR 91.121 The UAS may not have a barometric altimeter, but instead does have a GPS altitude read out. An equivalent level of safety is achieve d b y the operator receiving live flight data monitoring and confirming current altitude along

with altitude of launch site shown on GPS altitude indicator.

14 CFR 91.203 (a) and (b) Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS

h as no ability to carry certificate and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequately such documents.

An equivalent level of safety will be achieved by keeping these documents, to the extent they are applicable to the UAS, at the ground control point where 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 section s only apply to aircraft with an airwo rthiness certific ate,
these sections do not apply to this applicant. As a safety precaution, operator will perform preflight inspections and ensure UAS is in working condition before initiating each flight.These are in accordance with FAA Publication: Public Guidance for Petitions for Exemption Filed under Section 333 (Rev. 9/25/14). The petitioner submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent the petitioner from cont emplated Commercial

V ideography encompassing Aerial Video Marketing, Cinematography, Real
Estate, A cademic and other Video Production related flight operations within the national airspace system (NAS). The Reform Act in Section 332 provides for such in tegration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. The petitioner’s ultra light weight UAS’s meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of Petitioners ultra lightweight UAS’s is expressly contemplated by the Reform Act. Petitioner would like to operate his ultra lightweight UAS’s prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft.

I, Clive Tollman, have several years of USA experience as well as a Videography background and vested interest in the industry . I can provide direct experience and valuable information to develop requirements and protocols for formal regulat ion that can be administered regarding various applications related to UAS aerial video and photography.

The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include : The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of

these items reflects in favor of an exemption. Both my UASs utilize four (4)

counter

- rotating propellers for balance, control and stability. Our UAS’s are equipped with GPS and auto return safety technology. Weighing less than fifteen (15) pounds (far below the max. 55

- pound limit); including camera with gimbal. I always fly line of sight below 300ft away from populated

areas and A irports, Hospitals or Heliports. Prior and during every flight we adhere to strict pre flight and in flight protocols (see appendix C).Safety:

I, Clive Tollman, consider safety as foremost with each flight. Both my DJI Inspire 1 and DJI Phantom 2 V1 are designed to hover in place via GPS and operate per in flight protocol in less than a 13

- knot (15 mph) wind. Built in safety systems include a GPS mode t hat allows our UAS to hover in place when radio controls are released. With three modes to choose from, we

utilize the Safe Mode for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When pilo t communication is lost UAS is designed to slowly descend to point of take off. We are constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a man ned aircraft approach our location or we suspect manned aircraft may approach near our location. Flights generally last between ten (10) to fifteen (15) minutes, with an altitude under three hundred (300) feet. Altitude and distance limits are set within the firmware (see appendix a and b). Also programmed into the firmware are early battery warnings starting at 30% battery power remaining. Typically we land our UAV’s at no lower then 40% battery remaining for further safety precautions.

How Clive Tollm an Digipulse LLC Request Will Benefit the Public As

A Whole:

1. As the UAV industry and technology takes the world by storm the public safety as well as the safety of our National Airspace is at hand. I, Clive Tollman, owner of Digipulse LLC and operator of multiple UAV’s takes in Safety as a highest priority. In order to ease the tension of the unknown it is companies like Digipulse that will help educate and train both public and new UAV users on the safety, regulations, uses and applications, and common sense related to

do’s and don’ts . There is limited manpower and as the industry expands its companies like Digipulse and pilots like myself that will

assist the FAA in a safely integrating UAV’s into the sky.

2. Other obvious benefits within the Video Prod uction industry is the decreased need for manned helicopters to capture aerial videography

in turn reducing the risk of life in the air and on the ground. In addition the mentioned quadcopters produce less noise and air pollution then convention methods o f aerial videography.3. Digipulse will be creating Jobs and contributing to the overall local economy as our services are expanded into the UAV arena.

4. Digipulse will be able to capture footage that otherwise used to be impossible or too costly. This cost savings and new perspective will

open up opportunities to learn more about our communities and businesses in a way we could have never imagined.

Summary:

For the reasons stated below I, Clive Tollman, respe ctfully request the grant

of an Exemption allowing me to operate ultra lightweight, remote controlled UAS’s for the purpose of producing dynamic videography/cinematography promoting economic growth for the local community while educating the public on the correct and safe way of UAS integration i nto the national airspace.

Lastly The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus Aerial ( see Docket No.

FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No.

FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No.

FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

As described herein I, Clive Tollman, am experienced in flying quadcopters and hexacopters currently referred to as Drones and owner of a well

established insured Video Production Company (Digipulse LLC) based out of Irvine, California. Digipulse has been in business for over a decade providing video services to an array of clients. I currently own and fly a DJI Inspire 1 Quadcopter and DJI Phantom 2 V1 Quadcopter (see appendix A for Inspire and Appendix B for Phantom 2 V1) with over 200 hours combined flight time on the listed UAV’s. I, Clive Tollman, submit this 333 Exemption with intent and desire to add and utilize this technology for the purpose of continuing to produce dynamic content and accommodate the request of our existing and future client base seeking to utilize this revolutionary technology and the unbelievable perspective this technology is able to safely capture, following exemption and approval by the FAA. I haveflown Multirotors for over five (5) years without incident.

Committed to safety with each flight. My exemption request would permit operation of ultra lightweight, UAS(s) for commercial use in tightly controlled and limited airspace

. Predetermined in areas away from general public, airports, heliports and vehicular. Furthermore I, Clive Tollman, believe that based on my experience and reputation within the video production community is in a unique position to assist the FAA in developing operational and safety protocols for lightweight UAS’s as they are integrated into the National Airspace. Currently this seems to be a major issue as the drone industry explodes and the uneducated take to the skies. I, Clive Tollman, have personally instilled safety protocols and controls to

avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to the Video Production Industry. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Clive Tollman, will continue to record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

Granting my request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to no t only integrate UAS's

into the National airspa ce system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for Cinematography/Photo purposes. Further I, Clive To llman, will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA.

As set forth herein, Clive Tollman owner of Digipulse LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Inspire 1 UAS and DJI Phantom 2 V1 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Clive Tollman owner of Digipulse LLC to safely, efficiently, and economically operate the DJI Inspire 1 and Phantom 2 V1 UASs commercially within the NAS.In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, C live Tollman owner of Digipulse LLC seeks Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 CFR Part 21, 14 C.F.R. 91.109, 14 CFR 91.405 (a), 14 C.F.R. 45.23(b), 14 C.F. R. 91.119, 14 CFR 407 (a) (1), 14 CFR 61 .113 (a) & (b), 14 C.F.R. 91.121, 14 CFR 409 (a) (2), 14 C.F.R. 91.7 (a), 14 CFR 91.151 (a), 14 CFR 417 (a) & (b), 14 CFR 91.9 (b) (2), 14 CFR 91.203 (a) & (b), 14 C.F.R. 91.103

Dated: May 21, 2015

Respectfully submitted,

Clive Tollman Digipulse LLC

. 641 Wald, Irvine CA 92618

949

- 233

- 0613 clive@digipulse.com

# APPENDIX (A ) DJI INSPIRE 1

# APPENDIX (B) DJI PHANTOM2 v1APPENDIX (C) PRE AND IN FLIGHT PROTOCOLSProtocols and Controls

Safety for public on the ground as well as manned aircraft above is an

essential and utmost consideration for aeria l videos and photography. As such, safety protocols and controls must be implemented through pre

- flight preparation and during flight.

Pre

- Flight Protocol:

Check batteries with voltage meter to insure fully charged and ready for

use. Inspect batteries for damage or leakage that may affect proper operation. Inspect propellers for cracks, chips or damage that may cause sudden loss

of propulsion

or

unma nageable/uncontrolled flight. Check weather forecasts for wind advisory or other conditions that my impact flight. Consult five (5) mile radius map for airport vicinity.

• Contact respective airport to advise of estimated flight time, estimated flight

du ration, estimated elevation of flight, and any other pertinent information. Inspect flight area for

• vicinity of public safety helipads/heliports

• vicinity of medical helipads/heliports

• vicinity of light poles

• vicinity or utility wires

• vicinity of trees

• fl ocks of birds that may cause interference and potential flight impact

• vicinity of any elevated obstructions that may pose potential flight

hazard

• vicinity of roadways with moderate to heavy traffic that can be

distracted

• public gatherings that may attract viewers

• optional point of control for best visual site of UAS while in flight Takeoff and landing

• inspect area for best and safest point of takeoff and landing

• if in a subdivision or area that is within 150 feet of a residential street,

post

• warning sign(s)/stand(s) "Attention Aerial Photography In Progress

- Remain• Back 150 Feet"

Flight Protocol:

Takeoff and land from same location Remain alert to birds, sound or aircraft, curious public, and approaching

vehicles Do not allow anyone to engage in conversation or distract the remote control pilot Restrict flight to minim al elevation sufficient to acquire desired results Remain prepared for emergency landing at all times Pay attention to flight time

• If possible set a timer as a safety alert Land UAS and shut down propulsion immediately following landing

Protocols an d Controls

Post flight:

a. Disconnect battery to prevent accidental activation of propulsion system

b. Secure UAS in a safe location c. Remove all warning signs from public access areas Emergency or Suspected Hazard:

Immediate land UAS at safest and cl oset ground location in the event

• Manned aircraft is heard or seen in vicinity of flight

• There is a public gathering within established safety boundary wanting to observe flight

• Pilot is being distracted from focusing on flight and safety

• Sudden change in weather (wind bursts)

• Sudden increase in vehicular traffic in vicinity of flight

• Birds enter into proximity of flight

• Any sudden unsafe event that can cause collision, distraction or interruption of controlAPPENDIX (D) SAFETY AND FLIGHT MANUAL Aerial Videography/Cinematography