Lawrence Toth 

KT & Associates of Michigan, Inc. 

Keller Williams Ann Arbor Market Center 

3134 Baker Rd. 

Dexter, Ml48130 

(Office) 734-426-6669 

(Fax) 734-661-4315 

August 15, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

Subject: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 (3) 

(c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.119, 91.121, 91.203,91.151 

Following the format of FAA Exemption No. 11138 -Regulatory Docket No. FAA- 2014 

-0481 I have included: 

1) Supplemental Response for Petition 

2) PHANTOM Flying Flowchart V1.0 (Simplified Version), 

3) PHANTOM Quick Start Manual v1. 7 

4) PHANTOM Pilot Training Guide v.1.1 

5) PHANTOM 2 Vision+ User Manual v1.8 

6) Personal protocols and controls - Safety/Flight concerns 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, I, Lawrence Toth preparing this exemption 

request myself, would like to apply for an exemption from the following Code of Federal 

Regulations (C.F.R) to be allowed commercial operation of lightweight Unmanned 

Aircraft Systems (sUAS) for aerial imaging and video of Ann Arbor Michigan Area 

Landmarks and homes I list for sale. 

I have experience in flying hobby quads for recreational purposes durin·g the past 4 

years without incident. I have added a hobby grade DJI Phantom 2 Vision+ quad-copter 

(maximum gross weight 3 pounds, equipped with four rotors that are driven by electric 

motors powered by batteries, the UAS has a maximum airspeed of 30 knots) to my 

inventory equipped with an integrated camera with intent for aerial 

videography/cinematography to enhance academic community awareness and augment 

real estate listing videos/photos; following an exemption and approval by the FAA. 

My exemption request would permit operation of ultra-light weight, unmanned (piloted 

by remote control) in predetermined areas away from general public, airports, heliports 

and vehicular traffic, under 400 ft. and after carefully reviewing, inspecting and 

Toth Petition Page 1 
examining the area of aerial observation. This would allow for community videos/photos 

within property boundaries for indivioual homeowner real estate listing videos/photos. 

I will abide by all FAA requirements to ensure this exemption will provide a level of safety 

at least equal to existing rules and will only. operate in a safe environment that is strictly 

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

areas; and I will conduct extensive preflight inspections and protocols, during which 

safety carries primary importance. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 

Giverl the size, weight, speed, and limited operating area associated with the aircraft to 

be utilized, I am asking exemption from 14CFRpart21 ,Subpart H(Airworthiness 

Certificates)and§91.203 (a) and (b) (Certifications required),subject to certain conditions 

and limitations, is warrant~d and meets the requirements for an equivalent level of 

safety under14CFRpart 11 and Section 333 of P.L. 112-95 (Section 333). 

14 C.F.R. 45.27(a): Location of marks; non fixed-wing aircraft. 14 C.F.R. 45.29 (3) 

(c)(d)(e)(f)(h): Size of Marks 

Furthermore I request an exemption from §45.23 Marking of t!'-:3 aircraft because my 

UAS will not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Additionally two -inch lettering is difficult to place on such a small aircraft with 

dimensions smaller than the minimal lettering requirement. I understand the need for 

markings and will mark my UAS in the largest possible lettering by placing the word 

"Experimental" or assigned number or name (based on a request or ruling by the FAA ) 

on its fuselage as required by §45.29(f) so that anyone assisting as a spotter will 

see the markings. 

I also ask for an exemption from §§91.405(a),91.407(a)(1 ), 91.409(a)(2) and 91.417(a) 

and(b) Maintenance inspections may be required and should be granted since they only 

apply to aircraft with an airworthiness certificate. But, as a safety precaution I will 

perform a preflight inspection of my UAS before each flight as outlined in the operating 

documents. 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command. 

Under §61.113 (a) and(b) private pilots are limited to non-commercial operations, 

However, I can achieve an equivalent level of safety as achieved by current regul~tions 

because my UAS does not carry any pilots or passengers. While helpful, a pilot's ' 

license will not ensure remote control piloting skills. The risks of operating a UAS are far 

less than the risk levels inherent in the commercial activities outlined in 14 CFR 

part61 ,et seq., I request an exemption from §61.113 Private Pilot Privileges and 

Limitations. A side note, I have already explored getting my pilot's license, at the· 

direction of the FAA, I would gladly begin education and eventual licensing. 

Toth Petition Page2 

\ 
Regarding UAS operational training, as stated previously I have four years experience 

flying numerous practice flights in remote areas as a hobbyist simulating flights for 

future commercial use to gain familiarization with the characteristics of the UAS' 

performance under different temperature and weather conditions. I also own and 

practice on a computerized simulated flight software to maintain adequate skills and 

response reflex time. I'm also aware of a thre_e-day drone training course in Las Vegas 

Nevada and would gladly attend if required by the FAA. 

14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action 

If granted an exemption I agree to additional safety procedures including, but not limited 

to: 

1) Keeping my USA within a radius distance of 1000 feet from the controller to aid in direct 

line of sight visual observation. 

2) Operate the UAS for 3-7 minutes per flight; land my UAS according to the 

manufacturer's recommended minimum level of battery power. 

3) Operate my UAS only within visual line of sight (VLOS). 

4) Use the UAS' global positioning system(GPS) flight safety feature; it hovers and 

then slowly lands if communication with the remote control is lost. 

5) Conduct all operations under my own personal and flight safety protocols 

(including posting a warning sign reading: "Attention Aerial Photography in 

Progress -Remain Back 150 feet"). 

6) I will operate and will actively analyze flight data and other sources of information 

to constantly update and enhance my safety protocols. 

7) Contact respective airports if operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and other pertinent 

information (maintaining UAS software and firmware updates for "no fly" zone 

restrictions). 

8) Always obtain all necessary permissions prior to operation. 

9) Have procedures in place to abort flights in the event of safety breaches or 

potential danger. 

Aerial videography/photograpy for geographical awareness of real estate marketing has been 

around for a long time through manned fixed winged aircraft and helicopters, but for 

small business owners, its expense has been cost-prohibitive. Granting this exemption 

would allow me to provide this service at a much lower cost. Further, my small UAS, 

when used properly, will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. The operation of this UAS 

will minimize ecological damage and promote economic growth by providing information 

to companies looking to relocate or build in the Ann Arbor Michigan area. 

One final comment, the use of a UAS has already proven to increase the marketability 

of a home. For example please review the article published January 7, 2015 in the San 

Diego source entitled, "Drone use in real estate may increase". The article cites the FMs 

exemption given to Douglas Trudeau, but also 

describes a record high price for an area home that used a drone for aerial 

photography. 'When broker Kurt Wannebo added an aerial video to the listing for a 

Carmel Valley house, located on a large corner lot overlooking canyons on two sides, 

he saw Web traffic noticeably increase." 

Toth Petition Page3 
PHANTOM Flying Flowchart V1.0 (Simplified Version) 

This flowchart is aiming at help you to get familiar with the flying procedures of PHANTOM, please read the 

Manual carefully to get the operation details. Its corresponding Firmware Version is V3. 0. 

IOC On & 

Switch on the transmitter, and 

then power on the PHANTOM. 

30s after power on 

~-----

LED : Mode +GPS Satellite 

Number+6Yellow 

6Yellow means warming up 

1 

I -.=~~-:-...Recording I 

LED : Blink is ok. 

IOC Off & 

Warming up is ok. 

Green Quickly 

1.-. )> Record the 

forward 

direction. 

Important: At any moment after power 

on, if the GPS Satellite number is less 

than 6 and last for at least 1 Os; even 

though you select the GPS A TTl. Mode 

and LED blinks in the GPS A TTl. Mode, 

the PHANTOM will work in A TTl. Mode. 

I Home Point ____ Recording is ok _,. 

___ F_a_ii_S_at_e __ ,.

1 

LED: Blink Yellow 

, Quickly 000000000 

Senser Error Too Big LED: Red+ 

Green+ Yellow 

Compass Error Too Big!,------, 

1-------+f LED:Red+Yellow 

If Red LED appears in the last four 

--------Hgreen flashes, the autopilot system 

cannot work. 

LED : Mode +GPS Satellite 

Number+6Green 

6Green means motion detection. 

Important: If PHANTOM is 

moved after power on and 

before the motors start-up, 

that is normal. 

FailSafe 

If it is stationary on the 

ground, please try the IMU 

Basic Calibration. 

GPS Satellite ____ _ 

,N_u_m_b_e_r_<6-H Keep Le~eling 000000000 

&Landmg 

Important: When you switch to A TTl. Mode, the 

main controller will disengage enhanced FailSafe 

mode, you can re-gain control of aircraft. 

GPS Satellite,_ ____ , 

Number<::6 Return to the 

Home Point 

000000000 

1 GPS Satellite Number<::6, in GPS A TTl. Mode, 

1 Distance between the Home Point and 

T PHANTOM>10m. 

(_.Ho...:m~e:....;..Lo;.,;;c;..;;k;..;,) 

- _] 

••••••••• 

Second Level 

••••••••• Protection Alert 

&Height Descent 

IOC Ending 

Power off the PHANTOM, and 

then switch off the transmitter 

Green Part means normal procedures: 

--~~ means regular situation. 

- - )> means selectable or possible situation. 

Pink Text tells the details. 

Red Part means possible abnormal situation. 

Part is possible in normal or abnormal situation, 

require you to confirm by the Text for details. 

Blue Part is the condition of the normal situation. 

Purple Part is the condition of the abnormal situation. 
H N 

2013.09.25 Revision 

For NAZA-M Firmware Y3.l2 

& Assistant Software Y2.l2 

M Quick Start Manual v1 

Thank you for purchasing our product. Please visit the DJI website, PHANTOM section to confirm if the printed manual 

is the latest one according to the manual version. If not, please download and refer to the latest manual. 

Please read the entire manual strictly and follow these steps to use you product. The manual will get you ready to fly by 

doing simple operations. You can get an advanced manual from DJI website to learn more about PHANTOM, for 

example, configuring parameters by connecting to assistant software, changing the transmitter to Model, matching 

frequency between the transmitter and the receiver, etc. 

Make sure to use the NAZA-M assistant software of 2.0 version (or above 2.0) to carry out firmware upgrade and 

parameter configuration. DO NOT use the NAZA-M assistant software bellow 2.0 version. 

Note: The built-in autopilot system is NAZA-M; you can obtain the current NAZA-M Firmware Version according to the 

Assistant Software. If you ever upgrade your NAZA-M Firmware, please carefully read the corresponding NAZA-M 

release note and NAZA-M quick start guide. 

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