July 27

, 2015

Exemption No. 12170 Regulatory Docket No. FAA

– 20 15

– 1701

Mr. Mark Wolf

Mr. Steve Tippmann Tippmann Construction

9009 Coldwater Road Fort Wayne, IN 46825

Dear Messrs. Wolf and Tippmann :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated April 30, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Tippmann Construction ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial data

collection

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision + and DJI Phantom 3

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products

and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

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. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and p arts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by th e Administrator, Tippmann Construction is granted an exemption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to

t he extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Tippmann Construction is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

Vision + and DJI Phantom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to

amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitud e of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA 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 ot her than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operation s. 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 VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,4

the conditions and limitations herein take precedence and must be followed.

Other wise, 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 or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update

or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the ope rating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and pr operty.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

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

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until t he necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraf t components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a
state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

1 4 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated

under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight ope rations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must b e conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facili ty Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC mus t abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation a nd to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law e nforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. 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 ens ure 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 in a manner ensuring the safety of nonpa rticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from t he property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. 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 FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

c ontained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations a pply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder ’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresApril 30 , 2015

Mark Wolf Steve Tippmann Tippmann Construction

9009 Coldwater Road Fort Wayne, IN 46825 (260) 490

- 3000 mwolf@tippmanngroup.com

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: Exemption Request

– Section 333 of the FAA Modernization and Reform Act of 2012

Attachments:

1) Phantom 2 Vision + User Manual V1.6

Dear Sir or Madam

,

The purpose of this letter to you today is to petition the Federal A viation Administration for an exemption from certain Federal Aviation Regulations in order for Mark Wolf and / or Steve Tippmann to operate an Unmanned Aerial System (UAS) to perform aerial photography and video for real estate development and construction progress and sites in the United States. As representatives of Tippmann Construction, w e would like to be able to utilize a UAS to enhance our company’s documentation and marketing of our projects. We have already logged more than 15 hours of flight tim e as hobbyist s with the specific UAS that is the subject of this petition.

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under Section

333 of the FAA Moderni zation and Reform Act of 2012, We , Mark Wolf , Steve Tippmann , and Tippmann Construction, a re submitting t he following information with our request:

Petitioner (s) : Mark Wolf Steve Tippmann Tippmann Construction

9009 Coldwater Road Fort Wayne, IN 46825 (260) 490

- 3000 mwolf@tippmanngroup.comDescription of Operations

A. The UAS that is the subject of this Petition

a. DJI Phantom 2 Vision +

b. DJI Phantom 3

Tippmann Construction currently owns a DJI Phantom 2 Vision + with a serial number of PH645385324

, including the DJI factory mounted camera, along with the associa ted remote control unit, and DJI Vision app for iPhone which provides a first person view of what the camera is seeing in real time. This unit is a quad

- copter with an advertised weight of 1,242 grams (including battery and propellers). Similar units

hav e been the subject of prior exemptions by the FAA (examples include: Brian M. Walk / Unmanned Aerial Solutions, Exemption No. 11445, Regulatory Docket No. FAA

- 2015

- 0143; Daniel Achatz / Exemption No. 11434, Regulatory Docket No. FAA

- 2015

- 0201). The DJI Ph antom 3 is not currently owned by Tippmann Construction, however, it will be purchased in the future to improve and enhance the aerial video and photography of our sites.

The associated remote control unit utilizes an operating frequency of 5.728 GHz

– 5.8 5 GHz and a Range Extender that utilizes an operating frequency of 2412

- 2462 MHz. The communication distance between the remote control unit and the Phantom is 800m. The UAS also is equipped with a fail

- safe return

- to

home mode in the event that the link between the aircraft and the remote control ground station is lost. The UAS can operate for approximately 20

- 25 min utes on a fully charged battery.

B. The UAS Pilot (s) in Command

Mark Wolf and Steve Tippmann ha ve made numerous flights as hobbyist s with this aircraft, accumulating more than 15 hours of flight time with the Subject UAS.

C. UAS Operating Parameters and Intended Flight Profile

Mark Wolf is a Marketing professional and has been the primary photographer for Tippmann Construction for more than 12 year s. He has traveled the country visiting job sites, active construction projects, and completed warehouses photographing these projects and facilities from all angles. Steve Tippmann is the Executive Vice President at Tippmann Construction and also has more than 10 years of experience as a hobbyist photographer, while also frequently photographi ng projects for Tippmann

Construction. Safety is the top priority when vis iting these sites, whether photographing from the ground

or the air.

The following UAS Operating Procedures will be adopted and followed each time the UAS is flown:

1. All flights will be flown below 300 feet and within a radius distance of 800 feet from the remote control ground unit.

2. The Pilot In Command will have direct line of sight visual observation of the UAS at all times, and will operate the UAS only within direct line of sight.

3. There will be times when the UAS is flown in close proximity , within 20

- 25 feet of the structure under construction or a completed building. When this occurs, the UAS will be operated at less than 3 miles per hour.4. Prior to the start of a flight, a pre

- flight checklist will be thoroughly completed. This includes verifying a GPS lost

- link procedure which will safely return the UAS in the event of a loss of communication between the aircraft and the remote control, as well as other standard safety checks and compass calibration as recommended by the manufacturer. Specific wea ther conditions are also addressed at this time, and the UAS will not be flown in adverse weather conditions, such as heavy wind, rain or snow.

5. If the need arises for a flight to be within 5 miles of an airport, the flight will only occur after permission has been granted by the appropriate control tower.

Sections of 14 CFR From Which Pet itioner is Seeking an Exemption

14 CFR Part 21, Subpart H Certification procedures for products and parts, Airworthiness

Certificates

14 CFR Part 36 Noise Standards; Air craft Type and Airworthiness

Certification
14 CFR § 45.23 Display of marks; general

14 CFR Part 61 Certification: Pilots, Flight Instructors and Ground Instructors
14 CFR § 91.7 Civil Aircraft Airworthiness
14 CFR § 91.9 Civil Aircraft Flight Manual, Marking and Placard

R equirements
14 CFR § 91.103 Preflight Action
14 CFR § 91.105 Flight Crewmembers at Stations
14 CFR § 91.109 Flight Instruction
14 CFR § 91.119 Minimum Safe Altitudes: General
14 CFR § 91.121 Altimeter Settings
14 CFR § 91.151 Fuel Requirements for Flight in VFR Conditions
14 CFR § 91.203 Civil Aircraft: Certifications Required
14 CFR § 91.207 Emergency Locator Transmitters 14 CFR Part 91, Subpart E Maintenance, Preventive Maintenance and Alterations

Extent of Relief Sought and Reasons for Seeking the Exemption

14 CFR Part 21, Subpart H

– FAR Part 21 establishes the procedures for issuance of certificates of airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701 (b), the FAA may exempt aircraft from airworthiness certification. The petitioner requests an exem ption from the requirements of this part because the size, weight, speed, operational capability and proximity to airports

in which the UAS will be flown pose significantly less of a risk than those risks posed by conventional aircraft. Manned aircraft p ose risks to the life and safety of the crew; that is not a consideration with the subject UAS. Risks to third parties are also minimized given the lightweight and slow speed at which the Subject UAS would operate. Nor are there risks of fuel spilling or fire in the event of an accident. Because of these factors, the petitioner requests that the FAA waive the requirement that the subject UAS require an airworthiness certificate.

14 CFR Part 36

– FAR Part 36, Subparts A, F and O establish certain noise st andards for certification of various aircraft types. Because the subject UAS would not have an airworthiness certificate, and given its small size and minimal noise impact, the petitioner requests an exemption from FAR Part 36.14 CFR § 45.23

– FAR 45.23 establishes marking requirements for aircraft; paragraph (b) mandates the registration number be displayed in letters not less than two inches in height. The subject UAS is too small to accommodate the type

- size requirement. The petitioner request and ex emption from this part.

14 CFR Part 61

– FAR Part 61 sets for th the certification requirements for pilots. Because the subject UAS would not have an airworthiness certificate, and given its small size and minimal risk factor, the petitioner requests an ex emption from FAR Part 61, t hat would allow him to operate the subject UAS for

aerial video and photography projects

. Both petitioners on this request currently hold a valid TWIC (Transportation Worker Identification Credential) card, and have gone through the necessary background checks by the TSA in order to determine that neither Mr. Wolf nor Mr. Tippmann pose a threat to national security.

14 CFR § 91.7

– FAR 91.7

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

To the e xtent that “airworthy” is defined as requiring an airworthiness certificate, the petitioner requests an exemption from this FAR for the same reasons ad identified in petitioner’s request for an exemption of 14 CFR Part 21, Subpart H. Petitioner will not, however, operate the subject UAS if it is not in a condition for safe flight, as required under FAR 91.7 (b).

14 CFR § 91.9

– FAR 91.9

– requires that all aircraft have certain markings, placards and on

- board flight manuals. Petitioner request s an exemption from this requirement for the same reasons as stated in in petitioner’s request for exemption under 14 CFR Part 21, Subpart H.

14 CFR § 91.103

– FAR 91.103

– mandate s certain pre

- flight action. Petitioner will take all necessary

pre

- flight a ction, but requests an exemption from this requirement based on the interpretation of this requiring pre

- flight actions that are appropriate to manned aircraft only.

14 CFR § 91.105

- FAR 91.105

– requires that crewmembers be at designated stations, with safety belts fastened, etc. Petitioner requests an exemption to this due to the fact that the subject UAS is unmanned.

14 CFR § 91.109

– FAR 91.109

– requires that persons operating an aircraft for flight instruction may not

do so unless that aircraft has fully functioning dual controls. Petitioner requests an exemption due to the fact that the subject UAS does not have a second controller or dual control capability, which is consistent with other, similar UAS units.

14 CFR § 91.119

– FAR 91.119

– indicat es the minimum safe altitudes over various areas. Petitioner requests an exemption to this, due to the fact that the subject UAS is intended to be a low

- flying device in order to capture aerial video and photography.

14 CFR § 91.121

– FAR 91.121

– require s various altimeter settings in order to maintain a level flight. Petitioner requests an exemption from this FAR as the subject UAS will not have an altimeter that matches the requirements of this FAR. Altitude will be monitored through the DJI Vision a pp, and the unit will be kept below 300 feet as designated by the indications within that app.

14 CFR § 91.151

– FAR 91.151

– sets forth requirements for amount of fuel on any given flight.

Petitioner requests an exemption from this FAR because the subject UAS operates on battery power. The subject UAS will only be operated when there is a minimum of 5 minutes of battery power remaining.

14 CFR § 91.203

– FAR 91.203

– requires that a civil aircraft have an airworthiness certificate and a registratio n certificate. Petitioner requests an exemption from this FAR because of the reasons stated in petitioner’s request for an exemption under 14 CFR Part 21, Subpart H.14 CFR § 91.207

– FAR 91.207

– prohibits operation of a US

– registered aircraft unless it is equipped with an emergency locator transmitter. Given the limited distance of flights with the subject UAS, and the fact that it will be flown with direct line of sight visibil ity, petitioner requests an exemption from this

FAR.

14 CFR § Part 91, Subpart E

– requires that owners or operators of aircraft have the aircraft inspected at certain intervals, and by certain mechanics. Petitioner requests an exemption from this Subpart because the subject UAS has a maintenance and trouble

- shooting program that is best executed by the owner/operator and is different from that of manned aircraft.

How this request would benefit the public

Aerial photography and video normally require the u se of a manned aircraft, either a small airplane or helicopter , adding to already congested airspace. Use of a low

- flying and slow moving UAS does not significantly impact the airspace as it is flown at a lower altitude and is more maneuverable and precis e than larger, manned aircraft. This also enhances safety around the area being photographed, while also reducing environmental impacts caused by emissions from manned aircraft.

Operations with this UAS will serve property owners a better perspective for progress, details and benefits of the subject being photographed which cannot be achieved by taking photographs from the ground or at higher altitudes in a manned aircraft. Low level aerial photography, as provided by a UAS is also a valuable marketing t ool that can lead to increased business. This type of photography can also improve work site efficiency in the construction industry by providing a perspective that cannot be seen through other efforts.

Why this exemption will not adversely affect safety

A pre

- flight checklist will be performed prior to each flight to ensure the subject UAS is working properly before taking flight. Because the subject UAS is battery powered and does not carry any flammable fuels,

there is little to no risk of fire in the event of an accident. The unit will also always be within a direct visual line of sight of the operator of the aircraft, in order to prevent the subject UAS from flying too close to any structure or people near the site being flown.

The subject UAS is a very small aircraft, weighing less than 5 pounds, and the likelihood of damage to property or injury to an individual in the event of a mishap is extremely low. Aerial photography in general is still utilized very often, and the risk associated with usi ng the subject UAS is significantly

lower than the risk of traditional aerial photography using an airplane or helicopter.

The subject UAS also has a lost

- link fail safe function that is a part of the system, allowing the unit to

return to its home base if the link between the remote controller and the unit is lost.

Summary for publishing in the Federal Register

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012:

Petitioner is seeking an exemption from the following Fed eral Aviation Regulations: 14 CFR Part 21, Subpart H ; 14 CFR Part 36 ; 14 CFR § 45.23 ; 14 CFR Part 61 ; 14 CFR § 91.7 ; 14 CFR § 91.9 ; 14 CFR § 91.103 ; 14 CFR § 91.105 ; 14 CFR § 91.109 ; 14 CFR § 91.119 ; 14 CFR § 91.121 ; 14 CFR § 91.151 ; 14 CFR § 91.203 ; 14 CFR § 91.207 ; 14 CFR Part 91, Subpart EDescription of the exemption being sought: The petitioner seeks an exemption from the above

- referenced Federal Aviation Regulations to conduct aerial photography using a small, light unmanned aircraft fo r the purpose of acquiring photo and video documentation of real estate development and construction progress and sites in order to provide these images and videos to the owners or representatives of these properties.

Conclusion

Mr. Wolf and Mr. Tippmann w ould like to thank the FAA for considering our request. Please do not

hesitate to contact us if there is a need for additional information.

Respectfully Submitted,

Mark Wolf Steve Tippmann Tippmann Construction Tippmann Construction

Pe titioner Petitioner