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) Theflight 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