US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation
January 8, 2016



### ToddTamcsin 20280 N. 59th Ave

### # 115-504 

### Glendale, Az 85308 todd.tamcsin®gmail.com PL I 3333242

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14CFR 91.103; 14 CFR 91.109; 14CFR 91.119(c); 14 CFR 91.121; 14CFR 91.151(a); 14 CFR 91.203(a)and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), 

### Todd Tamcsin hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.

Thankyou in advance foryour consideration.Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in thefollowing
areas:



### 1. Real Estate 

### 2. Marketing Media 

### 3. Education and Special Events 

### 4. Videography

### I Photography 

### 5. News Gathering 

### 6. Natural Disaster 

### 7. Surveysand Photographic

### IVideo Inspections 8. Motion Pictures

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document undercontrolled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements forthe safe operation of such aircraft systems in the national airspace system."

The name and address ofthe applicant is 

### Todd Tamcsin 20280 N. 59th 

### Ave# 115-504 

### Glendale, Az 85308 todd.tamesin@gmail.com PL#3333242



### From which theexemption is requested: 14 CFR Part21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14CFR91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a)As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see qocket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers or crew, ratherthan a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, givesthe FAA good cause to find thatthe UAS operation enabled bythis exemption is in the public interest.

Todd Tamcsin Will operate one or more ofthe Following model UAS

3DX Solo
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafetysurrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAAgrantthe requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO).



### 4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 

### 25°/o battery power reserve or30 minutes offlight time whichever occurs first.



### 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. ·



### 6. Minimum crew for each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day'sflights consisting of all the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11

.The flights will occur in Class G airspace no closerthan a mile radius ofthe geographiccenter/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department ofTransportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range maybe approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information forthe particular UAS tobeoperated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will havethe capabilityto abort aflight in case ofemergencies with
an automated "Return Home and Land" function.

20. The UAS will havethe capabilityto abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21

.Any incident, accident, orflight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined bythe 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.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAA toexempt aircraft fromthe requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is less than 551bs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safetyto the public and property ownersthan conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed bythe UAS, due to its size, speed of operation, location ofoperation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport categoryaircraft orexperimental or provisionally certificated aircraft, the operator must also displayon that aircraft
neareach entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also displayon that aircraft
near each entrance to the cabin, cockpit, or pilot station, in letters not less than2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/"'experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed asthe UAS will have no entrance to the cabin, cockpit orpilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. Theword "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February20, 2015 The equivalent level of safetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations may achieve an equivalent levelof safetyas achieved by current Regulations because the applicant's UAS do not

. carry any pilots or passengers nor property. The risks attendantto the It is believed thatthe operation and limitations setforth in the FOM will equateto the safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety checklists priorto each flight, an equivalent level ofsafetywill be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S. registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by§21.5 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, oranycombination thereof. The UAS, given its size and configuration has no ability orplace to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual at the groundcontrol pointwhere the pilotflying the UAS will have immediate access to it.

14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person mayoperate a civil aircraft (except a manned free balloon) that is being used for flight instruction unlessthat aircraft has fullyfunctioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofa control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptions forflight training withoutfullyfunctional dual controls for a numberof aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided bythe factthat neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safealtitudes for operation of civil aircraft. Section 91.119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operating the helicoptercomplies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will neveroperate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated morethan 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UAS as well asthe location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operationswith aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat must complywith Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safetywill be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." The applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled area where only people and property
owners orofficial representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that anequivalent level of safetycan be achieved by limiting flights to 30 minutes or 25°/o of battery power- whichever happensfirst. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (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

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed at the cabin orcockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no abilityorplace to carry certification and registration documents orto displaythem on the UAS. An equivalent level ofsafetywill be achieved by keeping these documents at the ground control pointwhere the pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply onlyto aircraftwith anairworthiness certificate, these sectionswill not applyto the applicant. Maintenancewill be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level ofsafetywill be achieved becausethe UAS is very limited in size and will carrya small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensurethatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level of safetywill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure that the UAS is in working order priorto initiatingflight and perform required maintenance ne.eded.

Additional Information.The applicantTodd Tamcsin believes this exemption request and associated safety considerations adequatelysatisfy criteria provided in Section 333 ofthe Reform Act of2012, providing sufficientjustification for the granting of commercial operations ofthe applicant's UAS. Ialso feel its in the public's interest on grantingthe exemption, as we can educate them at the same time. And all the positive sides ofthe newtechnology and the level ofsafety.

The applicantTodd Tamcsin requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryour attention in this matter. Please notifyTodd Tamcsin ofyour actions, and or approvals. Thankyou, for your interest in this request.

Sincerely,

Todd Tamcsin