UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Table Tomato LLC (DBA DroneBento)

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF

FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI INNOVATIONS UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on 19 December 2015

Table Tomato, LLC

405 Kingscote Lane

Glen Allen, VA 23059

Tel: 804-322-9009
Page1

Glossary of Abbreviations

AGL

AOI

ATC

ATO

AV

CFR

COA

FAA

FAR

GCS

GPS

LOL

NAS

NOTAM

PIC

SO

SOP

UA

UAS

VFR

VLOS

VMC

VTOL

Above Ground Level

Area of Interest

Air Traffic Control

Air Traffic Organization

Aerial Vehicle

Code of Federal Regulations

Certificate of Authorization

Federal Aviation Administration

Federal Aviation Regulation

Ground Control Station

Global Positioning System

Loss of Link

National Airspace System

Notice to Airmen

Pilot In Command

Safety Observer

Standard Operating Procedures

Unmanned Aircraft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landing

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Table of Contents:

Glossary of Abbreviations

Summary

Background

Basis for Petition

Name and Address of Petitioner:

The Specific Sections of Title 14 of the Code of Federal Regulations From Which Petitioner

Requests Exemption.

Section 61.113(a) And (b).

Section 91.7(a).

Section 91.9 & 91.203

91.203 Civil aircraft: Certifications required.

Section 91.119

Section 91.121.

Section 91.151(b).

Section 91.405(a).

Section 91.407(a)(1)

Sections 91.409(a)(1) And 91.409(a)(2).

Sections 91.417(a) And 91.417(b).

The Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks The Relief.

Relief from Section 61.113(a) And (b).

Relief from Section 91.7(a).

Relief from Section 91.9 & 91.203

Relief from Section 91.121

Relief from Section 91.151(b)

Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Benefits to the Public

Benefit: Decreased Congestion within National Airspace System

Benefit: Safety and Efficiency of DJI UAS

Benefit: Economic Benefits

Benefit: There Are No Privacy Issues

No Adverse Effect

Reasons why DJI UAs meet the conditions of the FMRA of 2012 Section 333

Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b)

Would Not Adversely Affect Safety.

Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not

Adversely Affect Safety.

Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not

Adversely Affect Safety.

Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not

Adversely Affect Safety.

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Reasons Why An Exemption From The Requirements Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect

Safety.

The FAA May Prescribe Any Other Conditions For Safe Operation.

Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates,

14 C.F.R. 91.7(a)

14 C.F.R. § 91.9 (b) (2)

14 C.F.R. § 91.121

14 C.F.R. § 91.203 (a) and (b)

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

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

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

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

Any Additional Information, Views, or Arguments Available to Support This Request.

Conclusion

Annexures

1.0 Flight Equipment Specifications

2.0 Training Program Outline

3.0 Mission Parameters

4.0 Maintenance Outline

4.1 Maintenance Checklist

4.2 Battery Capacity and Capability:

4.3 Pilot/Operator

5.0 Planning Outline

5.1 Preflight Checklist

6.0 Flight Logs

7.0 Flight Classification System

8.0 Interacting with People

8.1 Resolving Conflicts

9.0 Incident or Accident

10.0 Incident Management Plan

10.1 Response Plan

10.0 Segregation of Duties

Risk Management

Attachments

Exhibit A. DJI Inspire 1 (TM600) Maintenance Manual

Exhibit B. DJI Inspire 1 (TM600) User Manual

Exhibit C. DJI Inspire 1 (TM600) Maintenance Log

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Summary

Table Tomato, LLC, ​(DBA DroneBento​) seeks exemption from the requirements of 14 C.F.R §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit DroneBento​to operate an

Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial remote sensing,

cinematography, and photography for agriculture, real estate, construction, landscapes, special

events over certain areas of the United States.

Introduction & Interest

Table Tomato, LLC, (hereinafter the“Petitioner”)​, doing business as DroneBento​, is a Virginia limited

liability company, represented by Karol Jankowski, a FAA Certificated Pilot, and​established​to

operate Unmanned Aerial Systems for commercial purposes, develop safe and effective operating

practices, and share the knowledge gained through experience with others wishing to enter the

market and operate unmanned aerial systems with the highest regard for safety, privacy, and

professionalism.

The Petitioner’s​Team​includes other FAA certificated pilots (with current medical certificates and

currency requirements to operate SEL aircraft), lawyers, and support staff with a passion for general

aviation and the future of unmanned aerial systems. The team is focused on safe and responsible

operation of UASs for conducting unmanned flight focused on aerial cinematography and

photography in

● agriculture surveys, crop imagery, and application of current and future remote sensing

technologies over agricultural pastures and/or fields to help with management if crops and

livestock

● real estate marketing and property imaging

● motion picture filming

● event aerial cinematography

● UAS operations safety

● UAS advocacy

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Background

The Petitioner​seeks an exemption to conduct unmanned flight operations, consistent with FAA

regulations and applicable laws, for compensation or hire within the national airspace systems.

Unmanned Aerial Systems: DJI Inspire 1 (TM600) UAS (Serial Number​W18DCH14030557)​and FAA

Registration number​N628WV​and similar unmanned aerial systems that The Petitioner​may acquire

in the future with similar capabilities and safety features.

The selected aircraft is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with Ground

Station Control (GCS), utilizing electronic tablet or smart phone systems, selected for operations are

DJI Innovation’s Unmanned Aerial Systems. Presently, The Petitioner has already acquired the DJI

Innovation Inspire 1 TM600 quadcopter with a maximum gross weight of 6 pounds 7.5 ounces, a

length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of

approximately 42 knots. DJI Inspire 1 UA is equipped with four main rotors; driven by Lithium

Polymer battery powered electric motors.

The UAS that will be operated by the Petitioner will be registered in accordance with 49 U.S.C. 44103,

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance

with 14 C.F.R. Part 45, Identification and Registration Marking.

The Petitioner ​understands that the FAA has high expectations for professionalism and safe operation

of aircraft. As described herein, Karol Jankowski​, is a licensed Private Pilot (Certificate # 3779567​)

with current Third Class Medical Certificate​; experienced in flying hobby helicopters and fixed wing

aircraft for recreational purposes​. Additionally, Karol Jankowski​, is:

● a natural person,

● a citizen of the United States, and

● member of Table Tomato, LLC ​with authority to act independently on behalf of the

organization,

● a single-engine and manned general aviation aircraft part-owner current in manned VFR

operations.

As described more fully below, the requested exemption would permit the operation of UAS under

controlled conditions in airspace that is:

1. limited;

2. predetermined in areas away from general public, airports, heliports and vehicular traffic for

community videos, and within property boundaries for individual homeowner real estate

listing videos/photos; and

3. controlled as to access.

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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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.

Basis for Petition

Pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA

Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned

Aircraft Systems, The Petitioner ​hereby petitions the Administrator to commercially operate

Unmanned Aerial Systems in the National Airspace System (NAS), and for an exemption from the

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned

aircraft and its operation, the Petitioner’s operation of DJI UASs meets the conditions of FMRA Section

333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Accordingly, The Petitioner​requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance

that only apply to aircraft with an airworthiness certificate.

The Petitioner ​intends to ​operate unmanned aerial systems within all safety protocols and controls

(UAS official user manual, maintenance manual, and in addition to Minimum VFR regulations) 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 aerial video and photography usage as

recorded flight data may be shared with the FAA, through any required FAA reports, in order to assist

with future protocol and safety regulation.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and

limitations: Pilot in command, is requested by The Petitioner​to the extent necessary to allow a Pilot

in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical

certificate, and who has demonstrated, by meeting minimum flight-hour and currency requirements,

that the PIC is able to safely operate the UASs ​in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

The Petitioner​seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the UASs

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

The Petitioner​submits that he will ensure that the UASs​are in an airworthy condition, prior to every

flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI User Manual), and that the aircraft are in a condition for safe flight.

The Petitioner​also seeks an exemption from the requirements of Section 91.121, entitled Altimeter

Settings, as the UAS will not have a typical barometric altimeter onboard. However, altitude

information of the UASs​will be provided to the PIC via Global Positioning System (GPS) equipment

and radio communications telemetry data link, which downlinks from the UA to the GCS for active

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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monitoring of the flight path. This altitude information, combined with The Petitioner​’s operation of

the UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to

Section 91.121.

Additionally, The Petitioner​seeks an exemption from the requirements of Section 91.151(b), entitled

Fuel requirements for flight in VFR conditions.The Petitioner​submits that safety will not be affected

by operation of the UASs​during daylight hours in visual meteorological conditions (VMC) under visual

flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 minutes

to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least

7 minutes.

In accordance with 14 C.F.R. § 11.81, The Petitioner​provides the following information in support of

its petition for exemption:

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Name and Address of Petitioner:

Karol Jankowski on behalf of

Table Tomato, LLC (DBA DroneBento)

405 Kingscote Lane

Glen Allen, VA 23059

Office Phone: 804-322-9009

Email: ​pilots@dronebento.com

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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The Specific Sections of Title 14 of the Code of Federal Regulations From

Which Petitioner Requests Exemption.

14 C.F.R

§ 61.113(a) And (b)

§ 91.7(a)

§ 91.9 (b) (2) & 91.203 (a) & (b)

§ 91.121

§ 91.151(b)

§ 91.405(a)

§ 91.407(a)(1)

§ 91.409(a)(1) & (2)

§ 91.417(a) & (b)

Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and

(b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with

any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Section 91.9 & 91.203

Section 91.9, Civil aircraft flight manual, marking, and placard requirements, states the following:

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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(a) Except as provided in paragraph (d) of this section, no person may operate a civil aircraft

without complying with the operating limitations specified in the approved Airplane or

Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the

certificating authority of the country of registry.

(b) No person may operate a U.S.-registered civil aircraft—

(1) For which an Airplane or Rotorcraft Flight Manual is required by§ 21.5 of this

chapter unless there is available in the aircraft a current, approved Airplane or

Rotorcraft Flight Manual or the manual provided for in § 121.141(b);

91.203 Civil aircraft: Certifications required.

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it

the following:

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness

certificate used to comply with this subparagraph (except a special flight permit, a

copy of the applicable operations specifications issued under§ 21.197(c) of this

chapter, appropriate sections of the air carrier manual required by parts 121 and 135

of this chapter containing that portion of the operations specifications issued under §

21.197(c), or an authorization under § 91.611) must have on it the registration

number assigned to the aircraft under part 47 of this chapter. However, the

airworthiness certificate need not have on it an assigned special identification number

before 10 days after that number is first affixed to the aircraft. A revised airworthiness

certificate having on it an assigned special identification number, that has been affixed

to an aircraft, may only be obtained upon application to an FAA Flight Standards

district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within

the United States, the second copy of the Aircraft registration Application as provided

for in§ 47.31(c), or a registration certification issued under the laws of a foreign

country.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under§ 91.715 is displayed

at the cabin or cockpit entrance so that it is legible to passengers or crew.

(c) No person may operate an aircraft with a fuel tank installed within the passenger

compartment or a baggage compartment unless the installation was accomplished pursuant

to part 43 of this chapter, and a copy of FAA Form 337 authorizing that installation is on board

the aircraft.

(d) No person may operate a civil airplane (domestic or foreign) into or out of an airport in the

United States unless it complies with the fuel venting and exhaust emissions requirements of

part 34 of this chapter.

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Section 91.119

Section 91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following

altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue

hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a

horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over

open water or sparsely populated areas. In those cases, the aircraft may not be operated

closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph

(b) or (c) of this section, provided each person operating the helicopter complies with

any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than

the minimums prescribed in paragraph (c) of this section.

Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft,

as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this

section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure

airport or an appropriate altimeter setting available before departure.

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the

following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind

and forecast weather conditions) there is enough fuel to fly to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or

operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between

required inspections, except as provided in paragraph (c) of this section, have discrepancies

repaired as prescribed in part 43 of this chapter[.]

Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or

alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of

this chapter[.]

Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for

return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of

this chapter.

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods specified in

paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records

of the 100-hour, annual, progressive, and other required or approved inspections, as

appropriate, for each aircraft (including the airframe) and each engine, propeller,

rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the

work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller,

rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the

last inspection required by the inspection program under which the aircraft

and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety

directive number and revision date. If the AD or safety directive involves

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major

alteration to the airframe and currently installed engines, rotors, propellers,

and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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(1) The records specified in paragraph (a)(1) of this section shall be retained until the

work is repeated or superseded by other work or for 1 year after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this

chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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The Extent Of Relief The Petitioner Seeks And The Reason The Petitioner

Seeks The Relief.

The Petitioner​intends to engage in commercial unmanned aerial systems flight activities in a safe,

consistent, and accountable ways. The UAS/ultra lightweight 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 the chosen UAS(s) fall well within Congress’s contemplated safety zone when it

promulgated the Reform Act and the corresponding directive to integrate UAS's into the national

airspace system. The UAS(s) selected are already used in hobby flight, have a demonstrable safety

record, and do not pose any threat to the general public or national security.

The Petitioner​would like to operate ultra lightweight UAS prior to the time period by which the

Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct

experience and valuable information for formal regulation that can be administered uniformly to all

UAS aerial video and photography. 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'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 reflect in favor of an exemption for The Petitioner​. The Petitioner’s​UAS adhere

to self-developed standards optimized for safety of persons and property. Thereby, the UAC systems

used by The Petitioner:

● previously granted exemption: FAA has already determined that the UAS meets the statutory

criteria provided in Section 333 of P.L. 112-95 in reference to 49 USC § 44704, and in

consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333,

● utilize four (4) counter-rotating propellers for balance, control and stability; capable of

self-leveling and hover modes.

● equipped with GPS and auto-return safety technology, which can return to the launch point in

the event of signal loss

● capability to auto-land using a controlled descent autonomously under certain conditions such

as partial battery failure,

● weighing less than seven (7) pounds (far below the maximum 55 pound limit); including

camera with gimbal,

● battery packs include on-battery logic and detailed reporting integral to safe operations.

● flight characteristics are suitable for safe operation: can operate in winds reaching 10 m/s

providing adequate buffer between our flight minimums and that of the machine,

● Controller with custom configuration buttons for key features such as “Return Home”,

● software with altitude restriction capability to prevent accidental climb beyond desired

altitudes,

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Relief from Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level

certificate, as well as a current and valid airman medical certificate, and who has met certain

flight-hour and currency requirements, to conduct the proposed UAS flight operations for

compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private

pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or

employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft

does not carry passengers or property for compensation or hire.

As set forth more fully below, The Petitioner ​submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the UAS unless that PIC has met certain

flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the UAS in

a manner consistent with the operations specifications as described in this exemption, including

evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels,

vehicles and structures.

Further, The Petitioner​submits that all flights of the UASs​, conducted by the PIC pursuant to the

grant of this Petition will not carry passengers or property for compensation or hire.

Relief from Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to

allow The Petitioner​to determine that the UASs​are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., the The Petitioner’s Safe

Flight Operations Manual​, Maintenance Log, DJI Innovations User Manual, and the DJI Innovations

Maintenance Manual) for the specific model of UAS.

The Petitioner​seeks the requested relief because the UASs​do not require an airworthiness certificate

in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, The Petitioner​will ensure that the UASs

are in airworthy condition based upon its compliance with the operating documents prior to every

flight, and further, determine that the aircraft are in condition for safe flight, as stated in the

conditions and limitations below.

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Relief from Section 91.9 & 91.203

Relief from section 91.9 and 91.203 is requested as it states that an aircraft may not be operated

“unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual.”

Given the small size and nature of UASs, The Petitioner​requests an exemption as to allow the

aforementioned documents to be with the PIC and available for inspection.

Relief from Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of

the UASs​, which utilize a barometric pressure sensor, GPS equipment, and a radio communications

telemetry data link to downlink altitude information from the UA to the PIC at the ground control

station (GCS). Since the FAA requires that any altitude information concerning UAS operations be

reported to air traffic control (ATC) in feet above ground level (AGL), The Petitioner​seeks the

requested relief because the UA’s altimeter may be set on the ground to zero feet AGL, rather than

the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the

extent necessary to comply with the applicable conditions and limitations stated below. As more fully

set forth herein, an equivalent level of safety will be maintained since the UAS are equipped with a

barometric pressure sensor and GPS equipment, which automatically ensures that a ground level

pressure setting will be established prior to each flight, and provides the PIC with altitude information

of the UA on the heads-up display of the GCS.

Relief from Section 91.151(b)

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to

the extent required to allow flights of the battery powered DJI UAS​during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to

the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 7

minutes. The Petitioner​seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI UAS ​will severely constrain the

practicality of any aerial video or still photo flight operations that The Petitioner​proposes to conduct

pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the UASs, the UAS operating

documents, and The Petitioner​’s proposed operating limitations, ensure safe operations of the

battery powered UAs during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point

of intended landing and, assuming normal cruising speed, to fly after that for at least 7 minutes.

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Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And

91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft

with an airworthiness certificate, The Petitioner​requests relief from these Sections because the UAS

does not require airworthiness certificates. As set forth more fully below, the UAS meet the

conditions of FMRA Section 333 for operation without an airworthiness certificate.

Accordingly, The Petitioner​will use trained technicians to perform maintenance, alterations, or

preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the

UAS operating documents (i.e., the The Petitioner’s Safe Flight Operations Manual​, Maintenance

Log, DJI Innovations User Manual, and the DJI Innovations Maintenance Manual) for the UASs

operated by The Petitioner. Furthermore, The Petitioner​will document and maintain all maintenance

records for the UASs.

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Benefits to the Public

How This Request Will Benefit the Public As A Whole?

Granting the Petition​will further public interest by allowing small companies, such as the Petitioner​,

to develop programs for using UAS technologies safely and effectively without impact of on privacy

issues. Congress has already proclaimed that it is in the public’s interest to integrate commercially

flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting this

exemption request furthers the public interest through business development of UAS based services

in and around the State of Virginia​.

Aerial imagery, cinematography and photography for agriculture, real estate marketing, structure

inspection, and event recording has been around for a long time through manned fixed wing aircraft

and helicopters. There are many benefits to using lightweight UAS for these missions instead of

manned aircraft, one of which is environmental. Manned aircraft are large, heavy, use combustible

fuels which create emissions, and generate noticeable noise. Lightweight UAS emit no emissions,

create minimal noise, and pose a significantly smaller property damage risk due to their size when

compared against manned counterparts.

The greatest benefit, however, is financial. UAS based cinematography services are economical and

available to markets that were once reserved to the select few. This includes customers wishing to

take advantage of such services to further their own interests, and that of The Petitioner​for opening

up markets and enabling economic growth.

Benefit: Decreased Congestion within National Airspace System

the UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned

aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft

needed to perform aerial acquisitions, an exemption allowing the use of UAS would reduce the

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of

life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around

airports caused by arriving and departing aircraft will be reduced uas the UAs do not require an

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and

photography missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations.

Benefit: Safety and Efficiency of DJI UAS

Conducting aerial imagery with a DJI UAS​, instead of manned aircraft, will greatly benefit the public by

drastically reducing the levels of air and noise pollution generated during traditional aerial video and

still photography flight operations. By using battery power and electric motors, the UASs produce no

air pollution, and is the most viable environmentally conscious alternative to the cabin class,

multi-cylinder internal combustion engine aircraft that are typically utilized for aerial video and

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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photography, while burning approximately several gallons per hour of leaded aviation fuel. the UAS,

while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs

are propelled by battery powered electric motors, rather than an internal combustion engine.

By DJI UASs to perform aerial cinematography, the substantial risk to life and property in the air and

on the ground, which is usually associated with traditional manned aircraft flight operations, will be

substantially reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the UAS (weighing approximately 6 pounds 7.5 ounces, at their maximum gross

weights with lengths of 17.3 inches, widths of 17.7 inches, and with no fuel on board), have less

physical potential for collateral damage to life and property on the ground, and in the air, compared

to the manned aircraft that typically conduct similar operations.

Benefit: Economic Benefits

The global commercial drone market will take shape around applications in a handful of industries:

agriculture, energy, utilities, mining, construction, real estate, news media, and film production. Most

growth in the drone industry is on the commercial/civilian side, as the shift away from the military

market gains momentum. The market for commercial/civilian drones will grow at a compound annual

growth rate (CAGR) of 19% between 2015 and 2020, compared with 5% growth on the military side.

The use of UAs in agriculture is presently emerging, and many of the financial benefits are yet to be

measured, yet this is the industry where the use of The Petitioner’s UAs is most likely to serve

greatest economic impact. At the time of the petition opportunities in the following areas are under

development:

● measuring and surveying plant growth

● counting livestock

● remote sensing pastures and fields for pests

● reviewing large expanses of pasture for predators

● supplying disease sensing data

● remote sensing of parameters for the measure of health of livestock and/or crops

● delivering treatments for pests and/or disease to plants

In all cases, UAs can unequivocally provide technological solutions where manned aerial vehicles are

not practical. The global commercial UAS market size is expected to reach USD 2.07 billion by 2022,

according to a report by Grand View Research, Inc. These UAVs aid farmers by taking snapshots of a

vast array of fields and providing crucial data pertaining to soil and crops, thereby assisting in crop

management. Use of UAVs in retail is expected to transform the industry dynamics and is foreseen to

positively shape market growth.

Rotary blade drones accounted for over 75% of the market share in 2014. Their popularity can be

attributed to the fact that it is capable of flying in every direction as well as hovering in a fixed

position, which its fixed wing counterparts cannot achieve. Fixed wing drone is more suited for aerial

mapping, undertaking topographic surveys, and terrain modeling of larger areas which include

stockpiles & mine sites.

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North America contributed to over 55% of the global revenue in 2014, which can be attributed to high

production and increased use in agricultural activities. The regulatory scenario is Europe is more

conducive to market growth as opposed to the U.S., which is expected to play a pivotal role in high

penetration of commercial drones in Europe. Asia Pacific stands to witness high proliferation of

commercial UAVs over the forecast period. Countries such as Japan and Australia have emphasized on

the use of UAVs in agriculture.

As evidenced by major market participants include Parrot SA, The Boeing Company, Textron Inc.,

Northrop Grumman, Lockheed Martin Corporation, Israel Aerospace Industries, General Atomics, Elbit

Systems Ltd., DJI, BAE Systems PLC, and AeroVironment Inc. Strategic alliances with government

agencies and collaborations with prominent technology providers are some of the strategic steps

taken by market players to gain a foothold in the industry.

The Petitioner seeks to be a responsible and active participant in the future of this industry.

Benefit: There Are No Privacy Issues

Similar to the manned aerial acquisition flight operations that have been conducted for decades, The

Petitioner’s​proposed operation of UASs will not implicate any privacy issues. All operations will be

conducted within self developed standards which begin with property owner involvement,

compliance with laws, and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.

Beyond the seemingly obvious procedures, The Petitioner’s c​ore mission involves the capture of video

and photographic footage. Effectively, The Petitioner ​is a custodian of video, photos, along with

customer documents and information. With that comes responsibility for safeguarding the integrity,

confidentiality, and availability of this data. Borrowing from existing standards for information

security, The Petitioner’s​policy is to secure all data against any accidental loss, require authentication

to view it unless it was explicitly made public, and ensure reasonable amounts of time a customer can

retrieve the footage after the project has been delivered.

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No Adverse Effect

Reasons Why The Petitioner’s​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. On the contrary, for the reasons stated in this

petition, permitting additional flight time within FAA controlled airspace while in communication

with the FAA, will enable additional contributions to innovation and implementation of new and

novel - as of yet undiscovered - safety protocols for development in cooperation with the FAA.

1. Reasons why DJI UAs meet the conditions of the FMRA of 2012 Section

333

Reasons Why The DJI Phantom 2 and DJI Inspire 1 UAs Meet The Conditions Of The FAA

Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned

aircraft and its operation, The Petitioner’s operation of the UASs meet the conditions of FMRA Section

333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in

part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180

days after the date of enactment of this Act, the Secretary of Transportation shall determine if

certain unmanned aircraft systems may operate safely in the national airspace system before

completion of the plan and rulemaking required by section 332 of this Act or the guidance

required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection

(a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight,

speed, operational capability, proximity to airports and populated areas, and

operation within visual line of sight do not create a hazard to users of the national

airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for the

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operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that

certain unmanned aircraft systems may operate safely in the national airspace system, the

Secretary shall establish requirements for the safe operation of such aircraft systems in the

national airspace system.

In seeking this exemption, The Petitioner submits that the UASs can operate safely in the NAS

pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the UASs; (b) the pilot

certification requirement; and (c) the specific operating limitations.

1. Specifications of the DJI Inspire 1 UASs Demonstrate It’s Safe Characteristics

The DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and

operational capability.

1.1. Technical Specifications Of the UASs.

The technical specifications of the UASs are set forth by the Specifications and

Data Sheet, attached hereto as Annexure 1.0​.

1.2. DJI UASs Autonomous Flight And Navigation Modes Enable The UASs To

Remain Within A Defined Operational Area.

DJI Inspire 1 UASs may be operated in both manual and fully autonomous

flight modes. A complete description of the flight and navigational modes of

the UASs is provided at pages 12, 28, 46-50 of the DJI Inspire 1 User Manual,

attached hereto as Exhibit B.

1.3. the UASs Are Designed For Automatic Return To Home Point Or Hover

In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the UAS will remain stationary, in flight, for 3

seconds or more. If, after 3 seconds, the UAS do not reacquire control link

data from the GCS, the UAs will assume that the Control Link is lost and the

UAs will return to the home position (i.e., failsafe mode) via GPS, and will

descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Inspire 1 at pages

13 through 16 of the DJI Inspire 1 User Manual, attached hereto as Exhibit B​.

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1.4. The DJI Inspire 1 GCS And Its Operation

A complete description of the operation and specifications of the DJI Inspire 1

GCS and flight control software is provided at pages 40 through 49 of the DJI

Inspire 1 User Manual. The DJI Inspire 1 User Manual is attached as Exhibit B​.

1.5. The UAS has built-in capabilities to detect and prevent flight in No-Fly

Zones maintained by the manufacturer with accordance to FAA

guidance.

All No-Fly Zones are listed on the DJI of cial website at

http://flysafe.dji.com/no- y. No-Fly Zones are divided into Airports and

Restricted Areas. Airports include major airports and ying elds where manned

aircraft operate at low altitudes. Restricted Areas include borders between

countries or sensitive sites. The details of the No-Fly Zones are explained on

page 46 of the DJI Inspire 1 User Manual, attached hereto as Exhibit B​.

2. Flight Operations Of DJI UASs Are Limited To The Line Of Sight Of A Certificated

Pilot in Command With A Safety Observer.

The Petitioner will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the UASs. Additionally,

a safety observer will assist all pilots during flight time.

3. Flights Of DJI UASs Will Be Conducted Pursuant To Specific Operating

Limitations​.

In seeking this exemption, The Petitioner proposes to commercially operate DJI UASs

for the special purpose of conducting aerial remote sensing, imagery, and

photography over certain areas of United States, pursuant to the following specific

operating limitations:

3.1. Operations authorized by this grant of exemption will be limited to the

following aircraft described in the operating documents, rotorcraft UASs

weighing less than 55 pounds maximum gross weight. Proposed operations of

any other aircraft will require a new petition or a petition to amend this grant.

3.2. UAS operations under this exemption will be limited to conducting operations

for the purpose of aerial remote sensing, cinematography, and photography.

3.3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

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3.4. The UA must be operated at an altitude of no more than 500 feet above

ground level (AGL), as indicated by the procedures specified in the operating

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.

3.5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC’s FAA-issued

airman medical certificate.

3.6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

3.7. All operations must utilize a safety observer (SO). The SO may be used to

satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The SO and PIC must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The

PIC must be designated before the flight and cannot transfer his or her

designation for the duration of the flight. The PIC must ensure that the SO can

perform the functions prescribed in the operating documents.

3.8. The operating documents and the grant of exemption must be accessible

during UAS operations and made available to the Administrator upon request.

If a discrepancy exists between the conditions and limitations contained in the

grant of exemption and the procedures outlined in the operating documents,

the conditions and limitations contained in the grant of exemption take

precedence and must be followed. Otherwise, the operator must follow the

procedures as outlined in its operating documents. The operator may update

or revise its operating documents. It is the operator’s responsibility to track

such revisions and present updated and revised documents to the

Administrator upon request. The operator must also present updated and

revised documents if it petitions for extension or amendment to the grant of

exemption. If the operator determines that any update or revision would

affect the basis upon which the FAA granted the exemption, then the operator

must petition for amendment to its grant of exemption. The FAA’s UAS

Integration Office (AFS-80) may be contacted if questions arise regarding

updates or revisions to the operating documents.

3.9. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

3.10. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

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component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.

3.11. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents.

3.12. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

3.13. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts

must be noted in the aircraft records, including total time in service,

description of work accomplished, and the signature of the authorized person

returning the UAS to service.

3.14. Each UASs operated under this exemption must comply with all

manufacturer's Safety Bulletins.

3.15. The authorized person must make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.

3.16. The PIC must possess at least a private pilot certificate and at least a current

third- class medical certificate.

3.17. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are

permitted under the terms of the exemption. However, training operations

may only be conducted during dedicated training sessions. During training,

proficiency, and experience-building flights, all persons not essential for flight

operations are considered nonparticipants, and the PIC must operate the UA

with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.

3.18. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

1.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.

3.19. The UA may not operate within 5 nautical miles of an airport reference point

as denoted on a current FAA-published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is

conducted in accordance with a NOTAM as required by the operator’s COA.

The letter of agreement with the airport management must be made available

to the Administrator upon request.

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3.20. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

3.21. If the UA loses communications or loses its GPS signal, it must return to a

predetermined location within the planned operating area and land or be

recovered in accordance with the operating documents.

3.22. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

3.23. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising

speed to the intended landing point and land the UA with 30% battery power

remaining.

3.24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under

the grant of exemption. This COA will also require the operator to request a

Notice to Airman (NOTAM) not more than 72 hours in advance, but not less

than 48 hours prior to the operation. All operations shall be conducted in

accordance with airspace requirements in the ATO issued COA including class

of airspace, altitude level and potential transponder requirements.

3.25. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N- Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

3.26. Before conducting operations, the radio frequency spectrum used for

operation and control of the UA must comply with the Federal

Communications Commission (FCC) or other appropriate government

oversight agency requirements.

3.27. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the UAS

is operating. These documents must be made available to the Administrator or

any law enforcement official upon request.

3.28. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

3.29. The UAS may not be operated by the PIC from any moving device or vehicle.

3.30. Flight operations must be conducted at least 500 feet from all

nonparticipating persons (persons other than the PIC, SO, operator trainees or

essential persons), vessels, vehicles, and structures unless:

3.30.1. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons

remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500

feet of the UA, flight operations must cease immediately and/or;

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3.30.2. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not

present an undue hazard, and;

3.30.3. Operations nearer to the PIC, SO, operator trainees or essential

persons do not present an undue hazard to those persons per §

91.119(a).

3.31. All operations shall be conducted over private or controlled-access property

with permission from the landowner/controller or authorized representative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

3.32. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS-80) within 24

hours. Accidents must be reported to the National Transportation Safety

Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

The Petitioner submits that the equivalent level of safety established by Section 61.113(a) and (b) will

be maintained because no PIC will be allowed to operate the UASs unless that PIC has demonstrated,

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Considering The Petitioner’s proposed area of operations, and the operating limitations set

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to

safely operate the UAS, The Petitioner submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary for The

Petitioner’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158,

11159, 11160, 11161).

The Petitioner will not allow any PIC to operate the UAS unless that PIC has demonstrated, by meeting

minimum flight-hour requirements or theUAS training and currency requirements, that the PIC is able

to safely operate the UAS in a manner consistent with this exemption, including evasive and

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emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. §

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as

a UAS pilot operating the same make and model of UAS to be used for operations under the

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in

the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained

in compliance with applicable regulations will ensure an equivalent level of safety during The

Petitioner’s proposed operations. The Administrator has held that prior documented flight experience

that was obtained in compliance with applicable regulations would ensure safe operations, stating as

follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at

least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No.

11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating

the same make and model of UAS to be used for operations under the exemption. For clarification,

the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours

make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be

included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA

finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to

practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed

operations. The FAA also finds that prior documented flight experience that was obtained in

compliance with applicable regulations would satisfy this requirement. Training, proficiency, and

experience-building flights can also be conducted under the grant of exemption to accomplish the

required flight time. During training, proficiency, and experience-building flights the PIC is required to

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, The Petitioner will ensure safe operations by not allowing any PIC to operate the UAS

unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that

the PIC is able to safely operate the UAS in a manner consistent with the exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

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3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every

flight, The Petitioner will ensure that the UAS is in an airworthy condition based upon the UAS’s

compliance with its operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude

information of the UAs will be provided to the PIC via GPS equipment and a radio communications

telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path

and altitude. This altitude information, combined with The Petitioner’s operation of the UAs within

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to

each flight, a zero altitude initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in

all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065,

11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b) as a result of (1) the technical specifications of the UASs; (2) the limitations on the proposed

flight operations; and (3) the location of the proposed flight operations. Accordingly, The Petitioner

will ensure that it will safely operate the battery powered UAs during daylight hours in VFR conditions,

with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

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Here, as in Exemption No. 11109, the technical specifications of the petitioned UASs; the limitations

on the proposed flight operations; and the location of the proposed operations, will ensure an

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be

ensured as the UASs provide audible and visual warnings to the PIC at the GCS when the UAs

experiences low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery power. At the critically low battery level,

the UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety

is not adversely affected when the technical characteristics and operating limitations of the UAS are

considered. Relief has been granted for manned aircraft to operate at less than the minimums

prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA

has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, The Petitioner submits that the equivalent level of safety with regard to the

regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because The Petitioner will use trained

technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the

methods, techniques, and practices prescribed in the operating documents (i.e., the The Petitioner’s

Safe Operations Manual (see Annexures for examples), Monthly Maintenance Log, and available DJI

Instruction Manuals). Furthermore, The Petitioner will document and maintain all maintenance

records for the UASs.

Since the UASs will be inspected as prescribed by the operating documents, The Petitioner will

maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and

91.409(a)(2). A copy of the applicable User Manuals are attached hereto as Exhibit B; a copy of UAS

Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because The Petitioner will use

trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using

the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the UASs will be performed by

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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trained technicians. Maintenance will be documented and maintained utilizing the monthly

maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the

technical characteristics and operating limitations of the UAS are considered.

In consideration of The Petitioner ’s proposed operating limitations, the operating documents, and

the technical aspects of the selected UASs, The Petitioner submits that safety will not be adversely

affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14

C.F.R. § 21.16 entitled Special Conditions, The Petitioner requests that the FAA prescribe special

conditions for the intended operation of the petitioned UASs, which contain such safety standards

that the Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe

operation of the UAs for the limited purpose of conducting aerial video and photography over certain

areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements

for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise

pose a threat to national security; and further, provides the authority for such UAS to operate without

airworthiness certification in accordance with any requirements that must be established for the safe

operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for

operation of the petitioned UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not

contain adequate or appropriate safety standards, due to the novel or unusual design features of the

aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate

or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel

or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special

conditions and amendments thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such safety standards for the aircraft,

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent

to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special

conditions for Leading Edge’s intended operation of the petitioned UASs, which contain such safety

standards that the Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91

Airworthiness Certificates, Manuals and The Like.

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 The Petitioner’s​UAS permits

exemption from Part 21 because The Petitioner’s​UAS meets (and exceeds) an equivalent level of

safety pursuant to Section 333 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 UAS's from the airworthiness certificate requirement in consideration of the weight,

size, speed, maneuverability and proximity to areas such as airports and dense populations. The

Petitioner’s​current and projected UAS's meet or exceed 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 on board pilots or passengers, and

given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be

achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. 10

The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121

regarding altimeter settings is inapplicable in so far as The Petitioner’s​UAS utilizes electronic global

positioning systems with a barometric sensor.

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 any

such required certifications and registrations by The Petitioner​.

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

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

specifications. The Petitioner’s​UAS are, by definition, unmanned. They therefore do 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 with dimensions smaller that minimal lettering requirement.

The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167,

10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. The

Petitioner​can achieve an equivalent level of safety as achieved by current Regulations because The

Petitioner’s​UAS does not carry any pilots or passengers. The risks attended to the operation of The

Petitioner’s​UAS is far less than the risk levels inherent in the commercial activities outlined in 14

C.F.R. § 61, et seq. Thus, allowing me to operate The Petitioner’s​UAS meet and exceed current safety

levels in relation to 14 C.F.R. §61.113 (a) & (b). In addition, Grant of Exemption No. 11062 to Astraeus

Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating the Astraeus

UAS would not adversely affect operations in the NAS or present a hazard to persons or property on

the ground.

D. 14 C.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. The Petitioner’s​UAS will not operate at an altitude

greater than 300 feet AGL​; safely below the standard of 400 feet AGL for UASs​. The Petitioner​will

operate unmanned aerial systems in safe areas away from public and traffic, providing a level of

safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size,

weight, maneuverability and speed of the chosen UAS, an equivalent or higher level of safety will be

achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance

Inspections.

The above cited Regulations require, among other things, aircraft owners and operators to “have [the]

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

except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part

43 of this chapter...”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore,

apply to The Petitioner’s​UAS. However, as a safety precaution The Petitioner​will inspect the UAS

before and after each flight and maintained per the manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

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Any Additional Information, Views, or Arguments Available to Support

This Request.

The Petitioner strongly feels that this petition is an opportunity to share perspectives on safe

operations of unmanned aerial systems. In addition to the arguments presented so far, The Petitioner

believes that additional enhancements in safety can be achieved through granting of this exemption

the Petitioner’s operation.

A. The Petitioner​intends to be a model for safe and effective use of UAS systems in

small commercial operations. The Annexures supplied in this petition are the

foundation for such work.

B. The Petitioner ​will conduct extensive preflight inspections and protocol per the DJI

User Manual​and outlined in Annexure 4.0, 5.0, and 5.1​.

C. Despite the exempted 400 foot permissible ceiling set by the FAA Modernization and

Reform Act of 2012​, the operations from The Petitioner ​will self-limit at 300 feet.

Such altitude is well above the native tree canopies and permit excellent visibility

without impacting airspace safety. Transmitter’s software enables a maximum altitude

setting thereby assuring that the UAS does not accidently climb past the desired

altitude.

D. The Petitioner​will operate in reasonably safe environment that are strictly controlled,

are away from power lines, elevated lights, airports and actively populated areas;

E. The Petitioner's ​UAS operations are limited by tested battery capacity of which is

presently estimated at 22 minutes per flight​.

F. Imposed, and easily enforceable, Battery Remaining limit of 30%​will be used to land

the aircraft with sufficient reserve. Transmitter’s software allows for notifications at

desired levels. To further safeguard a return, the software also makes continuous

calculations and estimates remaining charge relative to the home position using GPS,

allowing for safe return.

G. The Petitioner​takes advantage of Intelligent Flight Mode features to safely operate

the on-board camera equipment. Automation includes orbiting around a point and

flying a recorded flight track, thereby lowering the workload.

H. The Petitioner's ​UAS has GPS and a Vision Positioning System utilizing two sonar

sensors and one monocular camera for positioning and to identify the current

aircraft’s position relative to the ground.

I. The Petitioner's ​UAS has a flight recorder and I actively analyze flight data and other

sources of information to constantly update and enhance safety protocols.

J. The Petitioner ​will only operate my UAS well within “flight environment requirements

(Flight Environment Requirements, ​Page 45, Inspire 1 User Manual​)” & visual

meteorological conditions (VMC)

K. Pilot In Command of UAS carries a handheld aviation radio, tuned to the nearest

airport or field CTAF frequency (or any frequency deemed appropriate for the mission)

for the purpose of traffic awareness, despite the low altitudes of operation.

L. Maintain additional flight logs, with easy to understand mission outcomes, to track

usage (See Annexure 6.0 and 7.0​) to act as a journal of activities and supply data for

continuous self-improvement.

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M. Immediately abort flights in the event of perceived danger.

The Petitioner ​is risk averse and determined to avoid event chains that would result in creating

hazards to public, property, manned aircraft, as well as the investments made to own and operate

unmanned aerial systems.

In anticipation of commercial operations, The Petitioner’s ​Chief Pilot has logged time in a manned

Cessna 172P and is an active aviator in the local community. To transition to unmanned aerial

systems, The Petitioner​has developed a training program to assist in acquiring the skills necessary to

safely operate radio controlled aircraft (See Annexure 3.0​). Borrowing from the FAA”s General

Aviation Pilot Testing Standards, this internal training program includes familiarization with

regulations, aircraft systems, simulated UAS flights, measurable and repeatable maneuvers, and

public relations skills training in an effort to build safe and skilled operation of unmanned aerial

systems.

In the context of individual mission planning The Petitioner ​will assess the legality, feasibility, and

capability for successful completion of the desired mission.

At the center of every mission is a customer with certain wants, needs, and expectations. The

Petitioner ​will always practice due diligence in understanding such elements and document them

prior to flying a UAS (See Annexure 5.0​). A concept of duty segregation is used (See Annexure 10.0​) to

compartmentalize critical mission roles and act in the best interest of safety.

The Petitioner​utilizes an array of tools including online resources, publications, commercial software,

and clear communication to establish mission plans. All mission plans are described in writing and

contain the sign-off of the pilot operating the UAS as well as the agreement from the perspective

customer on the parameters.

● Collect requirements and clearly define objectives to the customer.

● Review maps and current FAA sectionals for possible conflicts with airspace or nearby airports

and obtain frequencies of nearby airports. Special care is given to locations of airports,

hospitals, emergency service stations, and any areas where general public may congregate.

Using advanced software and mapping technology, the virtual borders of the flight area are marked

within the flight software to prevent flight over unauthorized space. This is to ensure that only those

willing to participate in the UAS activities are exposed to the mission.

Preflight refers to a specific set of activities in preparing a UAS for aerial operations. The focus is on

complete preparedness of the pilot and the equipment in regards to the flight location, weather,

maintenance status, and operating procedures for any given mission. Preflight operations include

ensuring that local weather conditions are within defined minimums,

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Unlike hobby activities associated with UAS operations, commercial operations have an intended

mission and objectives. The foundation of such missions is to engage in planned and safe UAS

activities. The robust capabilities of the UAS described in other sections of this document already

define the parameters in which the UAS will operate. The purpose of all parameters is to provide

procedures for starting a mission, predictable flight patterns, and described procedures for

completing a mission. The aircraft will be launched from an unobstructed location, tested for

maneuverability, flown using a prescribed route over the area specifically

Missions are constrained by the capability of multiple, fully-charged, batteries (defined by 98% or

above); currently each battery providing a flight time of eighteen (18) to twenty-two (22) minutes as

tested (See Annexures 3.0 and 4.3​). The UAS is never operated at or below manufacturer

recommended minimum charge levels for operation, instead The Petitioner​uses self-imposed

conservative limits that further insure safe operation (See Annexures 3.0​). Such practices assure

reliable signal levels, predictable flight behaviors, and minimize loss of control risk.

Once airborne, the UAS will only fly predetermined routes so long as the conditions remain favorable.

Most important is weather, more specifically wind speed and direction, as they have most influence

on flight. In the interest of safety, The Petitioner​will not operate in gusty conditions or when winds

exceed 12 knots (See Annexures 3.0​), well below the tolerance of the UAS.

Onboard technology includes GPS, Vision Positioning Sensors, and Barometer all designed to assure

safe operation. Despite tests and expected performance reliability of the selected UAS, problems may

develop. Should signal loss occur, the UAS will return to launch location using a dynamic

return-to-home feature or safely descend in the event of sudden battery malfunction.

With rural areas abundant in the region, all operations take into account manned aircraft even though

none should ever be present at the UAS flight altitudes. Therefore, the PIC is constantly on alert for

such aircraft through visual observation as well as handheld radio turned to closest airfields or other

frequencies deemed appropriate for the mission. If an aircraft is observed in the vicinity and it’s

altitude is unknown, the UAS will descend/land whenever safe to do so. Capable of horizontal and

vertical flight, The Petitioner's UAS is/are highly maneuverable and capable of avoiding perceived

dangers.

Lastly, The Petitioner​also considers the influence of people on missions. Safe operation takes into

effect willing participants as much as it does those who rather not be in the presence of unmanned

aerial systems. Willing participants include private property owners who expressed permission to

operate UAS and people/places/things that will be captured on record by the video recording

technologies. Due high visibility of the selected UAS due to onboard lighting and some nose, the

camera capability to capture video footage from a distance, and general concerns over privacy The

Petitioner ​has also prepared procedures for resolving conflict with individuals (See Annexure 8.0 and

8.1​).

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In the event of an incident or accident, The Petitioner ​has developed a framework (See Annexure 9.0

and 9.1​) to help act in the best interest of safety. The framework is designed to help assess the

severity of the event, having predetermined communication trees, and steps to take immediately

after an event.

The Petitioner ​believes it’s not possible to maintain a safe program without collecting information

and always asking “What can we do better?”. Therefore each mission is logged, assigned a

classification (See Annexure 6.0 and 7.0​), and part of complete record of operations.

Conclusion

The Petitioner​seeks 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; 14 C.F.R. § 91.121; 14 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

lightweight unmanned aircraft systems for aerial photography/Inspection, including but not limited to

the following; Business Operations: over land, waterways, and oceans; operation over/in

nonrestricted National Parks, National Forests, flight in nonnavigable airspace, using nonintrusive

recording devices, operation in otherwise unrestricted U.S. States/Territories for aerial

videography/cinematography for commercial operation and to enhance academic community

awareness for those individuals and companies unfamiliar with the geographical layout of such areas.

Currently, area awareness and real estate aerial videography/photography relies primarily on the use

of larger aircraft, which generate noise as well as emissions.Granting this request for exemption will

reduce these factors and allow the same flight functions to take place with less impact and risk.

Formal collection of information shared with the FAA will enhance the FAA's internal efforts to

establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no

personnel on board unmanned aerial systems and therefore the likelihood of death or serious bodily

injury is significantly diminished. The operation of unmanned aerial systems, weighing less than 7

pounds and travelling at lower speeds within limited areas, will provide an equivalent level of safety

as that achieved under current FARs. Accordingly The Petitioner​respectfully requests that the FAA

grant this exemption request while willing to cooperate in sharing information to benefit the FAA,

safety of manned aircraft, and the general public at large.

Respectfully Submitted,

Karol Jankowski, member

Table Tomato, LLC

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition
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Annexures

1.0 Flight Equipment Specifications

UAS: ​DJI Inspire 1 / TM600

Weight (Battery Included)

2935 g

Dimensions

438x451x301 mm

Diagonal Distance

559 to 581 mm

Max Flight Altitude

4500 m

Max Speed

22 m/s (ATTI mode, no wind)

Max Wind Speed Resistance

10 m/s

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle

35°

Max Flight Time

Approximately 18 minutes on 4500mAh battery

Approximately 22 minutes on 5700mAh battery

Hovering Accuracy (GPS Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Motor Model

DJI 3510

Propeller Model

DJI 1345

Operating Temperature Range

-10° to 40° C

T​ransmitter – C1

Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz

Communicating Distance (unobstructed) – 2000m

Output Power – 9W

Operating Temperature Range - 140F to 1040F (-100C to 400C)

Battery – 600mAh LiPo 2S

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2.0 Training Program Outline

The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification

criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the

UAS will be operated under the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification

flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes

of training the operator’s PICs are permitted under the terms of the exemption. However, training

operations may only be conducted during dedicated training sessions. During training, proficiency,

and experience-building flights, all persons not essential for flight operations are considered

nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in

accordance with 14 C.F.R. § 91.119

Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue

hazard to those persons per § 91.119(a).

● Study all user documentation for the UAS

● Study all maintenance documentation for the UAS

● Aeronautical Charts

● Radio Equipment Usage

● Weather

● FAA Guidelines for Safe Operation of Unmanned Aerial Systems

● Initial 4 hours of practice area flying the UAS.

● Practice Area Capabilities Exercise (PACE).

Monthly skills refresher.

○ Preflight

○ Auto-Flight Planning

○ Manual Takeoff

○ Practice Maneuvers

The maneuvers are described in a latter section of this flight manual. DroneBento has

established maneuvers that will be flown for various projects.

■ Takeoff and Climb

Auto takeoff is prohibited.

■ Hover

■ Overfly

■ Overfly with slalom

■ Overfly with descent/ascent

■ Chandelle

■ Orbit

■ Orbit Spiral (ascent and descent)

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■ Square Pattern

■ Figure 8

■ Return Home

■ Land

○ Operating between obstacles

○ Powerline safety

○ Loss of sight procedures

○ Emergency Procedures and equipment failure.

○ Return Home

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3.0 Mission Parameters

Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons

other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures

unless:

1. Barriers or structures are present that sufficiently protect nonparticipating persons from the

UA and/or debris in the event of an accident. The operator must ensure that nonparticipating

persons remain under such protection. If a situation arises where nonparticipating persons

leave such protection and are within 500 feet of the UA, flight operations must cease

immediately and/or;

2. The aircraft is operated near vessels, vehicles or structures where the owner/controller of

such vessels, vehicles or structures has granted permission and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that it does not

present an undue hazard, and;

3. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an

undue hazard to those persons per § 91.119(a).

● Flight Minimums

○ Visibility: Visual Line of Sight at All Times

○ Weather: Clear or overcast. Must be able to see clearly as far as the range of the UAS.

Operating within Flight Limitations & Procedures outlined in User Manual, AR listed

above, visual meteorological conditions (or VMC), & any Applicable FARs.

○ Wind: Max of 12kts from any direction, 0 gusts reported by nearest weather station.

○ Forced Landing Safe-Zones:

■ Home: clear of obstacles, flat, and size of a standard driveway (10ft x 10ft). No

power lines within 100 feet in any direction.

■ Emergency Zone: designated area the UAS can land in the event of

malfunction, must be within sight of Home.

○ Battery: within 30% of device capability*

● Safety:

○ Pilot: at least 1 mission flown in the last 30 days

○ Observer: at least 1 observer, in addition to flight to monitor the area.

○ Signage posted indicating UAS activity.

● Communications

○ Pilot with minimum criteria and experience.

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4.0 Maintenance Outline

4.1 Maintenance Checklist

○ Firmware and Software - LATEST

○ Aircraft (General) - PHYSICAL INSPECTION, OK

○ Battery Capacity, Voltage, & Cell strength. - FULL

○ Propellers - PHYSICAL INSPECTION, OK

○ Calibration and GPS - 6+ SATELLITES AND NO ERROR

○ Vision Positioning System - PHYSICAL INSPECTION, OK

○ Video Transmission System - FEED WORKING

○ Motors - ALL SPIN

○ Gimbal and Camera - FREE AND OPERATING

○ IMU - NO ERRORS

○ Logs - REVIEW

■ Operating hours

■ Propeller hours

■ Motor hours

4.2 Battery Capacity and Capability:

○ Periodic testing of motor batteries will be performed on every unit used in mission

operations. Training exercise equipment is exempt from testing provided that the UAS

is flown in a designated training field. This is known as a Battery Test Mission​.

■ Charge to full per recommended requirements.

■ Insert battery pack to designated test/training UAS.

■ Launch UAS and hover above ground.

■ Verify Battery Timer is running.

■ Verify video link.

■ Monitor battery discharge.

■ Land when critical.

■ Log time in hover on battery sheet.

■ Log the flight.

4.3 Pilot/Operator

○ PIC holding at least a private pilot’s certificate and a current third-class medical

certificate.

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5.0 Planning Outline

● Scoping and Project Management

Customer contact.

○ Assess customer needs and wants.

○ Verify the project requirements against available UAS maneuvers and capability.

○ Assign Customer and Project Manager

○ Begin Mission Project Management.

■ Define Scope

■ Safety Concerns

■ Customer Terms of Service

■ Written Estimate

■ Collect Deposit

■ Legal and Regulatory Review

■ Scheduling

■ Equipment Assignment

● Dispatching

48+ hours out

○ Location Scout.

■ Record the scope and location of the mission.

■ Cross-reference the location area against current aviation chart and determine

proximity to all airports.

■ Set mission parameters for weather conditions, flight distance, flight time.

○ CREW and Incident Response Team

■ Assign crew and verify currency requirements.

■ Assign Flight Director

■ Prepare CREW and Incident Response Team communication sheet which

contains:

● Names, Roles & Responsibilities.

● Contact phone numbers for the mission including emergency

cell-phone numbers.

● Review incident management plan.

● Planning

24-48 hours out.

○ Regulatory check. Verify with legal team if any new regulations or statements have

been issued in the locality, state, and federal systems regarding the operation of

unmanned aerial systems.

○ Determine battery capabilities from logs against the scope of the mission. Assure that

battery power will remain above set minimums at the end of a segment.

○ Outlook Briefing.

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■ Obtain an electronic Weather Briefing, from Lockheed Martin Flight Services,

for an airport within 20nm of the location where mission is flown. All tablets

run ForeFlight Pro with access to key flight information.

■ Obtain nearest airport CTAF frequency.

○ Software updates and critical notices from manufacturer.

■ Check for news. http://www.dji.com/info/tags/product-releases

■ Check for downloads. http://www.dji.com/product/inspire-1/download

● Firmware

● App

● Documents

● Drivers

○ Pack UAS.

5.1 Preflight Checklist

○ Erect HOME area

■ Setup cones 25’ apart in a square pattern.

■ Connect tape.

■ Mark landing area.

○ Mission Briefing (Crew & Customer)

■ Flight Location

■ Flight Pattern and Altitudes

■ Problem Areas

■ Emergency Procedure Briefing.

■ Sterile Environment Rules

■ “Return Home” feature.

○ Unpack UAS.

○ Verify Controller and Tablet connectivity.

○ Verify Custom Button is set to RETURN HOME.

○ Power ON

○ Landing Gear: DOWN

○ Power OFF

○ Release/Attach camera.

○ Rotors: Attach

○ Rotors: Safe

○ Power ON

○ Calibrate Compass.

http://wiki.dji.com/en/index.php/Inspire_1-Calibrating_the_Compass

● Launch

○ Announce UAS operations on radio or contact required airfields.

○ Start battery clock.

○ Start motors.

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○ Manual Takeoff (never use Auto TakeOff).

○ Level off at 5-10’ AGL

○ Run Test Maneuvers for 10 seconds.

○ Start Mission Segment.

● Mission Segment

○ Fly predetermined path.

■ Watch for obstacles.

■ Monitor flight instruments.

○ Stop motors.

○ Stop battery clock.

○ Record battery time.

■ Determine if sufficient capacity exists to fly another segment. Replace battery

if needed.

○ Fly next segment (repeat Launch and Mission Segment steps).

● Grounding

○ Spin down motors

○ Remove battery.

○ Record flight telemetry

○ Post flight inspection

○ Memory Card removal and safe storage.

○ Rotor removal

○ Equipment packing.

■ Once assembled the carrying case is sealed until maintenance is performed.

● Debrief

○ Safety Review.

○ Customer interview.

○ Lessons learned.

● Maintenance

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6.0 Flight Logs

All flights, training/indoor/outdoor are logged in a UAS Flight Log. Each logbook (electronic or paper)

is linked to the serial/registration number of the drone used. Furthermore, each flight is classified to

determine whether the device (and pilot) is operating

● Date

● Model

● Serial/Registration Number

● Pilot

● Purpose

● Start Time, End Time

● Duration

● Number of Landings

● Mission Location (“Home” address)

● Flight Classification*

Example:

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7.0 Flight Classification System

Three level flight classification system to be used for every training and mission flight to provided

qualitative insight into the flight operator and flight performance.

NORMAL There were no issues with take-off, flight, or landing the UAS. The equipment

touched down normally.

SQUAWK One or more anomalies were experienced during flight. Touchdown was normal. A

debrief report with the challenges/issues experienced is submitted to the Flight

Director for review and further action. Outcomes may result in no action taken.

GROUND The equipment experienced a “hard” landing. Hard landing is defined as a loss of

control upon landing with 3 feet or more above the landing zone. This condition

requires grounding and maintenance. Outcomes always result in maintenance

performed and review of the operator.

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8.0 Interacting with People

8.1 Resolving Conflicts

● Mission / Pilot is interrupted during flight by customer or parties involved in the mission.

The pilot may engage the individual, hover the aircraft and address immediate questions, or

request “sterile environment” and continue the mission. If the interruption proves

unresolvable, the pilot is to initiate the “Return Home” procedure and monitor the arrival.

Upon powering down the motors, the pilot and crew may attempt to resolve the situation,

request involvement from the crew or support staff, or abort the mission.

● Unknown 3rd party during flight, before, or after. ​Verify the person is unknown. Use best

judgement to determine the emotional state of the individual.

○ If interested or appearing friendly,​refer them to crew or customer representatives

and advise you will be free to answer questions shortly after landing. The crew, or

customer, can share information about the day’s mission, the UAS, or DroneBento.

Key things to remember:

■ Introduce the UAS by it’s nickname and continue to use the nickname

thereafter.

■ Advise that safety is the number one priority and that the pilot is to remain

free of distractions while the UAS is in the air.

■ Hand over card or brochure.

■ Advise the operator is a certificated pilot.

○ If concerned, refer to crew.​The crew should do their best to assess the state of the

individual and:

■ Introduce the company, their role for the mission, and the certificated pilot

operating the UAS.

■ Hand over card or brochure.

■ Advise that safety and concern for the wellness of everyone in the area is the

top priority.

■ Politely answer questions or suggest that the individual contact customer

service using the contact information provided.

○ If agitated, land​. Immediately Return Home or initiate automated landing sequence. If

able, maintain camera control or directionality on the landing area to record any

activity performed by the 3rd party. Maintain safety and security of the landing area.

Notify law enforcement if threatened or concerned over safety.

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9.0 Incident or Accident

The following is the order of priorities:

1. Human/Life safety. ​Assess the wellbeing of all persons within the vicinity. Call 911 or

emergency services if anyone is hurt. Secure the device and remove (store and secure) the

memory cards if able. Notify executive management and initiate the incident management

process. Collect information (names, contact numbers for those involved and any witnesses).

2. Property safety.​Crew is not authorized to enter adjacent or private property not associated

with the mission without permission. If able to access the device, secure and store the

memory card. Collect photographic evidence using the crew camera or smart phones of the

landing area, damage, and the state of the UAS. Notify local law enforcement and file a report.

If unable to access the device, record the location and initiate incident management plan.

Collect information (names, contact numbers for those involved and any witnesses).

3. UAS safety​. Use the crew camera to photograph the state of the incident. Record the time,

the environment, and the conditions leading to the event. Collect all parts and secure them in

case. Seal case. Initiate incident management plan. Collect information (names, contact

numbers for those involved and any witnesses).

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10.0 Incident Management Plan

10.1 Response Plan

1. Limit and contain the exposure. Follow the Human/Property/UAS safety priority list and the

reaction steps documented.

2. Assemble incident response team.

3. Collect and preserve evidence.

a. Image copy all RAW footage from UAS camera. Offload copies to Amazon S3 storage

with redundancy.

b. Image copy all photos/videos from crew camera (or any device used). Offload copies

to Amazon S3 storage with redundancy.

4. Establish appropriate chain of custody.

5. Take actions to limit the scope and magnitude of the incident.

6. Investigate

a. Interview crew.

b. Establish contact with witnesses.

7. Review findings and legal implications.

8. Make decisions based on findings.

9. If UAS is no longer needed for evidentiary purposes, hand-off the aircraft to service and

maintenance.

a. Verify with legal if any notification must be made with the FAA or any other agency.

b. Assess the state of the equipment. Attempt repairs or initiate repair process with

authorized center.

c. Perform maintenance.

d. Test fly the UAS in practice area.

10. Collect time spent and documentation from all involved.

11. Schedule debriefing for 1 week after the incident is resolved.

12. Assess remediation needs.

13. Initiate projects to implement remediation findings.

14. Securely file all records.

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10.0 Segregation of Duties

Duty segregation is used to enhance safety by drawing focus to separating sales activities from

mission planning and grant our pilots the power to stop any activity they judge to be unsafe without

consequence.

● Flight Director​: responsible for safe and legal operations.

○ Authorizes all mission flight plans, be it training or customer.

○ Reviews all debriefing/post-flight reports.

○ Final authority on flight-worthiness of equipment.

○ Offers recommendations on flight operations, training, and maintenance.

○ Reviews all flight logs and determines the airworthiness of UAS.

○ May perform maintenance on UAS.

○ Coordinates repairs with authorized repair centers.

○ Sets and reviews Flight Minimums

● Sales & Project Manager​: responsible for sales and account management.

○ Researches or solicits missions and

○ Issues customer proposals.

○ Prepares flight mission plans.

● Pilot(s)​: responsible for mission safety.

○ Has ultimate authority to scrub any flight for any reason or deny requests due to

safety concerns.

○ Perform flight planning.

○ Perform pre-flight inspection

○ Operates the Unmanned Aerial System

○ File a debrief report.

○ May operate video equipment.

○ May perform maintenance on UAS.

● Camera Directors & Production​: responsible for meeting deliverables.

○ Operates inflight camera.

○ Collects RAW video/photos from recording equipment.

○ Maintains detachable camera equipment.

● Public Relations​: responsible for public outreach and good image for the industry.

○ Monitors complaints & concerns email box

○ Addresses all issues raised by operations.

○ Fosters education and awareness

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Risk Management

The core policy is to minimize all risks involved by operating with expert knowledge of the regulatory

climate, human safety as the primary focus of each mission, and the fostering of good-will and

positive image of unmanned aerial systems in our community. In order to satisfy this policy we offer

key standards for risk mitigation. Key standards of The Petitioner’s​Risk Management Strategy are as

follows:

1. Regulation is changing quickly. The Petitioner​understands the regulatory landscape of

unmanned aerial systems is changing quickly. Regulatory oversight is the responsibility each

team member. In addition, our team includes a licensed attorney to oversee regulatory

compliance.

2. There is no substitute for experience​. To operate an Unmanned Aerial System for purposes

outside of training, our members must have a minimum of an FAA Private Pilot Certificate, a

current Medical Certificate, meet the currency requirements for daytime VFR, and 100 hours

as Pilot In Command of a Single Engine Aircraft.

3. Skills depreciate with time​. To operate Unmanned Aerial Systems for purposes outside of

training, our members must maintain internal currency requirements for flight minutes and

skills with specific aircraft models. The Petitioner​has developed a formalized training

program (See Annexure 2.0​) framework for assurance of skills that includes flight patterns and

maneuvers each pilot is expected to perform to satisfactory requirements.

4. Planning before preflight​. Although a thorough preflight is integral to safe flight, it is part of a

greater mission plan. The mission plan integrates segregation of duties, formal project

management with pre-defined milestones, and assurance. The complete process enables The

Petitioner ​to manage customer expectations, activities, and deliverables safely.

5. Empower the crew​. With formal structure comes authority. Borrowing from the notions of

Crew Resource Management, The Petitioner​’s team members are encouraged to speak up

and make decisions, especially where safety is a concern. Commercial missions can be aborted

or altered citing safety at anytime without negative consequences. The typical “customer is

always right” does not apply to our mission operations crew.

6. Positive image is key to success​. Mission operations will undoubtedly cause some concern

within the community. Appropriate signage, contact information, professional attire, and

general visibility are integral to community acceptance of our operations. Proactive

engagement through awareness, advocacy, and volunteer training programs will serve as

means to fostering goodwill among the communities that may see our unmanned aerial

systems in the sky above.

7. Proper tools​. Last, but not least, is the selection of Unmanned Aerial Systems. To mitigate risk,

The Petitioner​requires that the UAS used in operations (whether are own or those we fly on

behalf of our clients) are quadcopters capable of self-hover, have historically passed FAA

regulatory exemptions for the application, supply on-battery logic for assessing status and log

cycles and cell integrity, offer a “return to home” feature, permit control of camera to a 2nd

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crew-person, have demonstrated controlled flight in winds of 10m/s, have documented

maintenance procedures, pass preflight inspection, and are deemed appropriate for the

mission by the nominated flight director.

8. Unexpected is expected​. The risk management standards give The Petitioner’s pilots​the

ability to improvise when needed. Weather conditions can change, customer demands may

shift, logistical challenges may impact mission operations, emergencies may occur. The

Petitioner​trusts the Pilot In Command to make the right choices, with human safety being the

first priority, property safety being second, and the safety of our equipment being the last

concern. Despite all best efforts, incidents and accidents can happen. This is why The

Petitioner​carries sufficient Liability Insurance and also insurance on our unmanned aerial

systems to protect anyone and anything harmed by our operations.

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Attachments

Exhibit A. DJI Inspire 1 (TM600) Maintenance Manual

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Exhibit B. DJI Inspire 1 (TM600) User Manual

See attached file below.

Exhibit C. DJI Inspire 1 (TM600) Maintenance Log

Table Tomato, LLC (DBA DroneBento) Section 333 Exemption Petition