US. Department of Transportation

Docket Management System

Attn: Brittany Newton

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Regulatory Docket No. FAA-2015-6379

Dear Brittany,

I submit the following information in response to your letter dated March 2, 2016, in supplement 

to my exemption application pursuant to section 333 of the FAA Modernization and reform act of 

2012:

The specific sections of 14 C.F.R. from which relief is sought:

14 C.F.R. 61.113 (a)&(b);

14 C.F.R. 91.7(a);

14 C.F.R. 91.119(c);

14 C.F.R. 91.121;

14 C.F.R. 91.151(a) (1);

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. 91.417(a)&(b)

Granting the request will be in the public interest:

As a relatively new industry, UAS is still in its beginning stages of economic growth. I am form 

rural, primarily farming area of Southern Illinois. This exemption will allow me to provide aerial 

photo and video services for real estate and agricultural inspection services as an improvement 

to productivity and a potential boost economically to the area, and help create new possibilities 

within this area for this industry. Not only would this exemption permit the petitioner to boost the 

local economy it would also allow the petitioner to effectively promote the safe use of unmanned 

aircraft systems to its clients and, as a result, the community as a whole. The strict operating 

procedures that would be upheld by the petitioner would result in operations being performed at 

a higher level of safety then a manned aircraft for the reason that the craft is unmanned, it will 

carry no combustable fuel and the operations at low altitudes will be safer than that of a manned 

craft.

Why the exemption request will not adversely affect safety and will provide an equivalent 

level of safety:

14 C.F.R. 61.113 Private pilot privileges and limitations: Pilot in command.

The regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command 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 

passenger or property for compensation or hire.

Equivalent Level of Safety

Currently, there are no applicable areas identified for aircraft in other the private or commercial 

sector and therefore an exemption is required to conduct commercial operation. As flight 

operations will be conducted in a contained environment, these strict guidelines will achieve an 

equivalent level job safety for each individual flight when compared to commercial flights 

identified in Part 61 when originally developed.

14 C.F.R. 91.7(a): Civil Aircraft Airworthiness.

Petitioner seeks an exemption for 14 C.F.R. 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for 

the aircraft, should this exemption be granted, no FAA regulatory standard will exist. for 

determining airworthiness.

Equivalent Level of Safety 

Given the size of the DJI Phantom 3 Professional and the preflight procedures, including all 

logbooks, preflight checklist, and maintenance checks, an equivalent level of safety will be 

provided to ensure the aircraft is in an airworthy condition for flight operations.

14 C.F.R. 91.119(c): Minimum Safe Altitudes .

Petitioner request an exemption format he minimum safe altitude requirements of 14 C.F.R. 

91.119(c) which states that aircraft may not operate closer than 500 feet above the surface and 

away from any person, vessel, vehicle, or structure in non-congested areas. To provide the 

intended operations, the aircraft is operated below 400 feet AGL. 

Equivalent Level of Safety

Compared to flight operations with manned aircraft that far outweighs the Phantom 3, and given 

the lack of flammable fuel, any wish associated with these operations is far less than those that 

presently exist with conventional aircraft. An equivalent level of safety will be achieved given the 

size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in 

the operations section of this exemption, the UAS will be operated away from densely populated 

areas and a least 5nm away from airports ( unless a letter of agreement from the airport’s 

management is obtained), where buildings an people will not be at risk of any incident or 

accident. Because of the advance notice to the property owners and participants, all affected 

individuals will be aware of the planned flight operations.

14 C.F.R. 91.121: Altimeter Settings.

This petition seek an exemption from 14 C.F.R. 91.121, which rears a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required because the 

UAS does not have a barometric altimeter, but rather a GPS altitude indicator. 

Equivalent Level of Safety

An equivalent level of safety will be achieved by the operator confirming the altitude of the 

launch site before flight as shown on the GPS altitude indicator. The PIC will also use the GPS 

altitude indicator to continuously monitor the aircraft’s height, ensuring operation at safe 

altitudes.
14 C.F.R. 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions.

Petitioner requests an exemption from 14 C.F.R. 91.151 (a)(1)’a fuel requirements for flight in 

VFR conditions during the day. Section 91.151(a)(1) states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind 

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

landing and, assuming normal cruising speed —

(1) During the day, to fly after that for at blasts 30 minutes; 

The battery that powers the Phantom 3 provides approximately 25 minutes of flight time. To 

meet the 30 minutes serve retirement in 14 C.F.R. 91.151, flights could not be conducted. Given 

the limitations the aircrafts proposed flight area and the location of its proposed operations 

within a predetermined area, a safety margin based on a reserve amount of battery life is 

needed.

Equivalent Level of Safety

An equivalent level of safety will be achieved as flight operations will be limited to visual line of 

sight, requiring the operations to be conducted on site thus limiting any transit time of the 

aircraft. All flights will be terminated with no less than 25% reserve battery power still available. 

This restriction would be more than adequate to return the aircraft safely to the ground and its 

planned landing zone from anywhere in its limited operating area even in the event of an 

unexpected occurrence. Operation of the aircraft with less than 30 minutes of reserve fuel does 

not include the type of risks that Section 91.151(a)(1) was intended to alleviate given the size 

and speed of the petitioner’s UAS. and the proximity of the flight operation to the landing zone.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Petitioner also seeks an exemption from requirements contained in 14 C.F.R. 91.405(a), 

91.407(a)(1),91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and 

inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. 91.405(a) (stating 

that each owner or operator of an aircraft “shall have the aircraft inspected as prescribed in 

subpart E of this part and shall between required inspections ...have discrepancies repaired as 

prescribed in part 43 of this chapter”). An exemption to these regulations is needed because 

Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the 

aircraft will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operator will ensure that the aircraft is 

in working order prior to initiating flight by following the appropriate checklists and logs as 

discussed the Risk Management section of this request. The operator is the person most 

familiar with the particular aircraft and best suited to maintain the aircraft an airworthy condition.
Federal Registry Summary:

Erle Ripley Tomlinson IV seeks an exemption form the above sections of 14 CFR:

the exemption is sought to commercially operate a UAS for agricultural services, real estate, 

mining, pipeline inspection, and search and rescue. 

Safety and operation, Pre-Flight Checklist and Craft Specifications:

Safety and Operation:

1. The aircraft weighs less than 55 lbs each complete with cameras;

2. The aircraft will only operate in airspace below 400 feet;

3. The aircraft has an operating flight time of 5-25 minutes;

4. The aircraft will be grounded when it reaches 25% battery capacity;

5. The aircraft will be operated at visual line of sight at all times;

6. The aircraft will have a live broadcast streamed to the ground should we lose sight of the 

UAS’

7. Every flight the aircraft pursues will have a certified PIC and qualified spotter capable of 

operating the aircraft; 

8. The aircraft has a GPS flight mode whereby they return to launch is communication with the 

transmitter is lost or battery threshold becomes less than 25%

9. The aircraft will be examined constantly to update electronic flight data and other sources of 

information to enhance safety protocols;

10. The aircraft only operates in secured areas that are strictly controlled, are away from 

airports and heavily populated areas;

11. We will conduct extensive briefings prior to flight, during which safety carries primary 

importance; 

12. We always obtain all necessary permission and permits prior to operation; 

13. We will ensure a level of safety that is equal to and even greater than existing rules set 

forth. 

Pre-flight Checklist:

1. Ensure that weather conditions are suitable for VFR flight and wind is less than 20 knots.

2. Measure battery voltage to ensure batteries are sufficiently charged for flight before takeoff.

3. Verify all wiring connections are secure and tightly connected.

4. Ensure all rotors are stable and suitable for flight.

5. Inspect for any cracks, damage, and loose hardware.

6. Check to make sure propellers are secure and free from dirt, cracks and chips.

7. Turn on all video receivers and monitors.

8. Install main battery and check center of gravity and balance of UAS.

9. Verify all switch positions on the transmitters. All should be in the forward positions with the 

exception of the “Mode” switch which should be set to “GPS”.

10. Turn on all video receivers and monitors.

11. Turn on all radio transmitters.

12. Connect the UAS main battery. Chick for radio connection between transmitter and 

receivers.

13. Check Flight Controller Indicator. One green flash indicates GPS mode. Wait for both of the 

following LED indications.

 a. A string of 10 or more green flashes indicating that the UAS forward direction has 

been recorded. 
 b. 2 or less red flashes indicating that 5 or more GPS steles have been obtained. 

This may also be observed thorugh the video telemetry. 

14. Announce intention to take off by yelling “Clear Prop for Take Off.”

Craft Specifications:

1. DJI Phantom 3 Professional 

 a. Phantom 3 Airframe

 - Professional Grade

 - Under 3 pounds takeoff weight

 - 4 motors for precise and safe flight

 - Maximum flight time of ~ 23 minutes

 b. DJI Phantom Flight Controller with GPS

 - Provides failsafe features that allow the aircraft to return to the launch point and land 

automatically in the event the command and control signal is lost or the battery has 

reached the twenty-five percent(25%) threshold. If battery reaches a critical level, the 

aircraft will descend and land at the current location. Control of the aircraft is maintained 

during descent to allow the PIC to guide it to a safe landing

- Home Lock function allows safe return of the aircraft in the event of a motor failure 

-Contains a database of airports and restricted airspace and automatically presents 

operation in these areas.

 c. DJI App/ Live View

-2.4 GHz ISM (FCC Licensed)

- Gives PIC first person view fro UAS for added situational awareness of craft 

Concluding Statement:

Erle Ripley Tomlinson IV seeks an exemption form the previous sections of 14 CFR:

The exemption is in the public interest by reason of the increase in safety and needed services 

provided to the community. Thank you for your time and consideration of this request. If more 

information is needed or if you have questions please contact me.

Thank you.

Erle Ripley Tomlinson IV

576 Cedar Rd 

Murphysboro IL

62966

P/N: 1-(618)-559-1774

Email: tomlinson.ripley@yahoo.com