May

20, 2015

Mr. James Williams Manager, Flight Standards Service Gary Markman Unmanned Aircraft Sy stems Integration President Office Federal Aviation Administration TVP L itigation Support, Inc. 800 Independence Avenue, SW 1321 Sassafras Ave. Washington, DC 20591 Altamonte Springs, FL 32714

U.S. Department of Trans portation, Docket Operation West Building Ground Floor, Room w12

- 140 1200 New Jersey

Avenue, SE Washington, DC 20590

Re: Request for exemption from multiple regulatory provisions to allow the use of small unmanned aerial s ys tems on land authorized for use by clients of TVP L itigation Support, In c. (TVPLS) to assist in the safe inspection, review, videograph y, and/or photography
, services for our clients.

Dear Mr. Williams:

TVP L itigation Support, Inc. (TVPLS) respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems (sUAS) to assist in inspection and documentation for our clients. We would additionally like to create short videos for marketing purposes for our clients. The subjects of the marketing videos would be locations such as landscape designs, commercial real estate, non commercial real estate, and wedding activites. Additional uses contemplated include traffic flow review, and unspecifie d site inspections for videography /photograph y and such for our clients. Accordingl y, the grant of an exemption is consistent with Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act),1 that safe s y stems be permitted in the national airspace prior to the issuance of final regulations governing general use of these s ys tems.2 A summary of this request suitable for publication in the Federal Register is provided as Appendix A.

Appendix B provides the manufacturers information regarding the design, aircraft performance, and fail

- safe features. We have provided manufacturer information related to operating limitations, normal and emergency procedures, and maintenance and inspection procedures.1 P. L. 112

- 95, 126 Stat 11, February 14, 2012. 2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security.
**The Extent of Requested Relief and the Reasons Relief is Needed Section 333 Aircraft Exemption**  **Status:**

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the particular sUAS, as well as its pr oximity to airports and populated areas. An anal ys is of these criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the conditions contemplated by TVPL S will be at least as safe, or safer, than a conventio nal aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a design ated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator and/or observer. Operations will be conducted in compliance with the FAA and with local public safet y requirements. Operations would not be conducted in any area currentl y, or designated in the future, as a hazard as designated b y the FAA The manufacturers software and future updates don’t allow operation of the sUAS in designated “no fl y zones.” Application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials and inability to carry a substantial external load. Given the size and limited op erating area associated with the aircraft to be utilized by

the Applicant, this meets the requirements of an equivalent level of safet y under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the R eform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular sUAS. In all c ases, an anal ys is of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or ro torcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. §61.113(a) and (b) §61.113 Private pilot privileges and limitations: Pilot in command. (a) Except as provided in paragraphs (b) through (h) o f this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is

carryi ng passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircra ft. (b) A private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. TVPL S anticipates using onl y specially trained staff to conduct the sUAS operations. While these individuals will not hold commercial pilot licenses, the sUAS will not carry

propert y for compensation or hire since the y will be used solely to assist ininspection and documentation of locations such as landscape designs, commercial real

estate, non commercial real estate, wedding receptions, traffic flow review, unspecified site inspections. The employ ees’ operation of the sUAS will be incidental to their employ ment with TVPLS, and they will be compensated for such work. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplate d operations is less than the risk posed by

a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope. Requiring a commercia l pilot certificate would provide no appreciable safet y benefit and would needlessl y i mpose additional cost on TVPL S. Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) appl y, relief is needed from both paragraphs (a) and (b).

**Background Information**

TVPL S is in the business of providing videography and photography

services for our clients. TVPL S’s clients look to us for Safe Operations of sUAS. As such, we have developed specific TVPL S Safe sUAV Operational Procedures. Increasingly, we have clients looking to operate sUAS for marketing and aerial videograph y/ photography services. As part of this service, TVPL S is requesting FAA Exemption for sUAS operations for inspection and review an d video/photo capture usage.

**Regulatory Basis for Exemption Request**
, In addition to the waiver authority provided in §333 of the Modernization Act, the FAA
may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is i n the public interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the petitioner shall explain why granting the exemption would not adversel y affect safet y or how the exemption would provide at least an equival ent level of safety as compliance with the underl yi ng regulation. In this case, approval of this exemption would advance the public interest by significantly

enhancing the safet y and efficiency of videograph y/ photography

operations and by

providing the FAA with valuable user experience on sUAS in a context with appreciable economic and societal benefits. As described more full y below, the requested exemption would permit the operation of sUAS under tightl y controlled conditions, thus ensuring that operation s will not have an adverse impact on safet y. To the contrary, as explained below, TVPL S anticipates that use of sUAS will enhance safet y and efficiency in site inspections and provide unique opportunities in marketing that traditional aerial videograph y/

ph otography

would have proven cost and safet y prohibitive. Granting an Exemption is in the Public Interest. The unique opportunity for close aerial videography and photograph y provides an economic benefit to business without compromising safety. Locations th at would be unavailable for other aerial platforms can be safely and efficientl y accessed b y an sUAS platform. Flight operations will be conducted in such a specific fashion that the intrusion of unexpected outside influences will be all but non existent. Short flights of a specific purpose in a very contained area will provide the highest margin of safet y and efficiency . Currently, in order to obtain the goals of thisplatform, a person would need to be put into a position that poses personal danger and

danger to the surrounding public in the event of a failure of the supporting equipment.

Aerial videograph y/

photograph y b y traditional fixed wing aircraft is impractical because the required altitudes for safe flight reduce visibility below meaningful level s

– it is simply not possible to see all asset attributes from such heights. Helicopters present better vantage points; however manned helicopters are much more costl y, subject to human safet y and carry

highl y explosive jet fuel making them impractical for deploy ment. By using sUAS for ground based, unmanned aerial videograph y/ photograph y, TVPL S will be able to provide unique and valuable aerial videograph y/photograph y services. TVPL S would be able to provide safe and cost efficient services for consumers a nd businesses to promote the economic growth vital to our economy.

**Granting an Exemption will not Adversely Affect Safety** TVPL S notes that there is no applicable standard for an equivalency determination. Some have argued that the appropriate standard i s that for model aircraft, noting that their operations, if conducted for recreational purposes, would fall completel y within the allowable operations for model aircraft. We believe it is difficult to argue that there is sufficient correlation between mode l operations controlled by the Academy

of Model Aeronautics and the ones contemplated b y TVPLS. At the same time, it is clear that equivalency

cannot be established for traditional, manned civil aircraft because the design and use profiles between traditio nal aircraft and sUAS are simply too different. As such, we believe it makes more sense to focus on wh y the contemplated operations would not adversel y affect safet y, which is all that §11.81(e) requires.

Granting an exemption will not adversely affect s afety . TVPL S contemplates conducting sUAS operations over specific and designated land, solely during daylight hours, at altitudes well below that which would pose a risk to other aircraft.The nature of operations anticipated b y TVPL S requires that the sUA S be flown at relatively low altitudes and relativel y low speeds. TVPL S expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS. Accordingl y, the risk of interference with another aircr aft is minimal. TVPLS also plans to conduct sUAS operations at least three miles from any public airports (including heliports). In the event an operation needs to be conducted closer to an airport, TVPL S will inform the airport operator and airport air tr affic control tower of the contemplated operation and will comply with any directions issued by

air traffic control at that airport.

Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subjec t being inspected and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the inspection site. In contrast, a sUAS weighing fewer than 55 lbs. and powered b y batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS iscarried to the inspec tion site. The sUAS will carry no passengers or crew and, therefore,

will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, wi ll provide an equivalent level of safet y supporting the grant of the exemptions requested herein, including 333 Aircraft Exemption Status exempting the applicant from conventional aircraft requirements and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

TVPL S intends to use a dedicated staff for sUAS operations. All operations will be within visual line

- of

- sight (i.e., no more than approximately 0.5 miles from the manipulator of the controls, or pilot in command (PI C)). Each PIC will conduct at least three take

- offs and l andings with the sUAS on which he or she is trained every 90 day s. PI C’s will establish their qualifications thru a combination of aeronautical knowledge, UAS airmanship skills, and verification through testing of flight ability before videograph y/

photogra phy operations have commenced. Depending on the ty pe of operation, additional ground

- based visual observers may be employ ed as well. These observers will be within constant visual line of sight and in constant contact with the PI C. The visual observers wil l assist the PI C in avoiding objects near the sUAS.

There are no standards for either Private or Commercial sUAS pilot certificates. The safe operation and control of the UAS as described in this application does not depend on the ty pe of FAA license hel d by the PIC. Given the restricted and controlled airspace within which operations will take place, the key factors needed b y the PIC are knowledge of the airspace within which the operation will take place and how that airspace fits into the National Airs pace Sy stem (NAS). That knowledge can be and is gained primarily through ground school and not through flight training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a commercial or private pilot’s certificate. Those certificate s demonstrate knowledge of the factors and skills needed for the safe operation of those ty

pes of aircraft (fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or

a bility to safel y operate a small unmanned aerial vehicle, operating at 400 AGL or lower, within strictly

controlled pre

- approved airspace. Besides knowledge of airspace regulations, dexterity

in the control and operation of the sUAS acquired from actual
op eration of the aircraft is the most important factor in establishing an equivalent level of safet y.

If the PI C has acquired the necessary knowledge of airspace requirements, the relevant issues are (1) where the aircraft will be flown, (2) the size of th e aircraft relative to what is being used today

to accomplish the same mission, and (3) what precautions will be taken to ensure the safety of those in the area of operation. Should there be a mishap, the sUAS being flown pose significantl y less of a threat than the helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carry no flammable fuel, do not carry

crew or passengers, and pose an infinitesimal risk to others. This is instark contrast to conventional aircraf t that are flown to the site, carry explosive fuel, carry passengers and crew, and operate in a much larger area.

From a practical standpoint, there are relatively few licensed full

- scale aircraft pilots who are also qualified to fl y the type of sUAS that are utilized for videograph y and image

capture operations. There are even fewer commercial pilots that can fly these sUAS

– to the point that to do both is considered rare. Assuming that it is unlikely for a compan y to find a pilot that has both qualific ations, that company would either have to source a qualified sUAS pilot to train and obtain a commercial certificate, or find a commercial certificated pilot who would be willing to learn to fly a sUAS to the competency level required for professional use.

Minimum requirements for the PI C include:

1) A minimum of 100 flight cycles and 10 hours of total time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS ty

pe (single blade or multirotor); 2) A minimum of 5 hours as sUAS pilot with the make and model of

sUAS to be utilized for operations under the exemption and 3 take offs and landings in the preceding 90 day s 3) Have undergone a qualification process as specified in the Flight

Operations & Procedures Manual consisting of a knowledge & skill test of the aircraft to be used.

TVPL S intends to use commercially available sUAS Components for sUAS. These sUAS
sy stems will be tested for quality & safety before being deploy ed to the field. The sUAS is less than 55 lbs. fully

l oaded, carries neither a pilot nor passenger, and operates exclusively

within a designated area. We have a routine maintenance schedule to verify that the sUAS will remain in safe and operational condition. Please see Appendix B, for Specific Ty

pes of sUAS

. Notes Regarding: 14 C.F.R. Part 21, Subpart H In accordance with the statutory criteria provided in Section 333 of PL112

- 95 in reference to 49 USC 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, we request that this aircraft exemption meets the conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary.
Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft Given the size of the sUAS, two

- inch lettering will be impossible. UA will 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 will be as large as practicable.Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

TVPL S’s request is based on the fact that no airworthiness certificate will be issued for th e sUAS. TVPL S’s UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary

. Notes Regarding: 14 CFR § 9 1.9(b)(2) Civil aircraft flight manual, marking & placard Certifications required, the original intent of these regulations was to display an aircraft’s airworthiness, certification, and registration documents so they would be easily

available to inspector s and passengers. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) an d (b) is not necessary

. Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests Small UASs, by

their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications.

TVPL S evaluates the qualification of its PI Cs based on their experience with the UAS to be operated and verifies through testing, in lieu of formalized training. As such, TVPL S does not seek reli ef from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b) Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, because the TVPLS’s operations will only be conducted within the designated area described herein.

**TVPLS’ s Safety Operations & Procedures Overview:** 

Technology

Considerations: Best

- in

- class, tried and proven technologies that are in advanced iterations. Software from highl y

- reputable industry partners will include features

–

1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses communications, the sUAS will have capability to return to a pre

determined location within the Security Perimeter and land. 2. Auto descent (landing) if battery were to drop lower than nominal level. 3. F lights will be terminated at 25% battery power reserve. 4. Live video for operator gives real

- time positioning feedback. In other words, we can monitor the scene from the vehicle's perspective for collision avoidance, and to maintain spatial orientation. 5. Th e sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.6. On

- Screen

- Display (OSD) contains operating information to ascertain vehicle health at all times: speed, altitude, number of GPS satellites (when available), heading and voltage. 7. GPS lock supplies for return

- to

- home (RTH). Should Command and Control (C2) link failures occur (highly improbable), vehicle returns automatically to the point of launch. 8. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

screen display . This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or an y combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

Mechanical/Phy sical: 1. We will fly

line

- of

- sight (LOS) only . The vehicle wil l alway s remain in direct LOS to the pilot, thus eliminating the concern of signal severance (fl yi ng behind objects/walls). 2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots. 3. Batteries should far exceed the capacit y required for actua l flight time. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Fireproof bags for storage and charging of high capacity L ipo batteries on

- site. 6. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as otherwise authorized by the FAA.

Personnel: 1. Spotters ensure safe operation and act as a redundant set of ey es for operators (pilot, gimbal op, director) 2. Radio spectrum anal ys is for interference on the frequencies utilized for vehicle control/communication. 3. A briefing will be conducted in regard to the planned sUAS operations prior to each day ’s activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 4. The operator will obtain the consent of all persons involved in the sUAS operations and ensure that only consenting persons will be allowed within 100 feet of the flight operations. 5. Observer and pilot will at all times be able to communicate by voice. 6. Written and/or oral permission from the relevant property holders will be obtained. 7. Pilot and observer will have been trained in operation of UAS generall y and received up

- to

- date information on the particular UAS to be operated.Operations: 1. The unm anned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy

source(s) and equipment. Operations authorized by this petition of exemption are limited to the following aircraft described in Appendix B. Proposed operations of an y other ai rcraft will require a new petition or a petition amendment to this request. The UA may

not be flown at a ground speed exceeding 50 knots.

2. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated b y the proc edures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

3. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PI C to be able to use human vision unaided by
any device o ther than corrective lenses, as specified on the PI C’s FAA

issued medical certificate.

4. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VLOS capability . The VO and PI C must be able to communicate verbally at all times.

5. The operator’s manual included as Appendix C and this petition of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions an d limitations in this exemption and the procedures outlined in the operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual. The o perator may update or revise its operator’s manual. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment. If the operator determines that any update or revision would affect the basis for which the FAA grants this petition for exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integr ation Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operator’s manual.

6. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station, if utilized,must be included in th e preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight criti cal component, must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry

in the UAS aircraft records of the flight. The requirements and procedures for a functional te st flight and aircraft record entry must be added to the operator’s manual.

8. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft mainte nance/component/overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator’s manual. At a minimum, requirements for the following must be included in the operator’s manual: a. Actuators / Servos; b. Tr ansmission (single rotor); c. Powerplant (motors); d. Propellers; e. Electronic speed controller; f. Batteries; g. Mechanical dy namic components (single rotor); h. Remote command and control; i. Ground control station (if used); and j. Any other components as determined b y the operator;

9. The Pilot In Command (PI C) may or may not possess at least a private pilot certificate and at least a current third

- class medical certificate. Possession of a private pilot’s license and the third class medical would
not e xempt the PI C of the sUAS from any other requirement to operate the sUAS. The PI C must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.

10. Prior to operations cond ucted for the purpose of photograph y/videography , the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 100 flight
cycles and 10 hours of total time as an sUAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS ty pe (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under this petition of exemption to accomplish the required flight cycles and flight time. During training, proficiency , and experience

building flights, all persons not essential for flight operations are considered nonparticipants, and the P IC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.11. Prior to operations conducted for the purpose of photograph y /videograph y, the PI C must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot operating the make and model of UAS to be utilized for operations under the exemption and three take

- offs and three landings in the preceding 90 day s. Training, proficiency , experience building, and take

- off and landing
currency flights can be conducted under this petition of exemption to accomplish the required flight time and 90 day currency . During training, proficiency , experience

- building, and take

- off and landing currency flights all persons not ess ential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

12. Prior to any

flight operations authorized by this petition of exemption, the P IC and VO must have successfull y completed a qualification process, as outlined in the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed and implemented by a qualified person designated at the sole discretio n of the operator. A record of completion of this qualification process must be documented and made available to the Administrator upon request.

13. Prior to operations conducted for the purpose of photograph y/videography , a flight demonstration, administere d by an operator

- approved and

- qualified pilot must be successfully completed and documented. This documentation must be available for review upon request b y the Administrator. Because the knowledge and airmanship test qualifications have been developed b y the operator, and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and approval of compan y designated examiners, the petitioner will conduct these tests in accordance with the operator’s manual.

14. The UA may

not be operated directl y over an y person, except authorized and consenting personnel, below an altitude that is hazardous to persons or propert y on the surface in the event of a UAS failure or emergency.

15. Regarding the distance from participating pers ons, the operator’s manual has safet y mitigations for authorized and consenting personnel. At all times, those persons must be essential to the operations.

16. Regarding distance from nonparticipating persons, the operator must ensure that no persons are all owed within 300 feet of the area except those consenting to be involved and necessary for the photography

/videography operations. This provision may be reduced to no less than 200 feet if it would not adversel y affect safet y and the Administrator has appro ved it.17. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- determined location within the security perimeter and land or be recovered in accordance with the operator’s manual.

18. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual.

19. Each UAS operation must be completed with 25% battery power remaining.

20. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authori zation (COA) prior to conducting an y operations under this petition of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

21. All airc raft 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 practi cable.

22. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of the UAS. These procedures must b e added to the operator’s manual.

23. Each UAS operated under this exemption must comply with all manufacturer Safet y Bulletins.

24. The preflight inspection section in the operator’s manual must be amended to include the following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual.

25. Before conducting operations, the radio frequency spectrum used for operat ion and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency

requirements.

26. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y timethe aircraft is operating. These documents must be made available to the Administrator or an y law enforcement official upon request.

27. The UA must remain clear and yi eld the right of way to all other manned operations and ac tivities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

28. UAS operations may

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

29. The UAS may

not be operated b y the PIC from any moving device or vehicle with the exception of a boat being operated by a separate individual and no closer than 500 feet to the shoreline for the purpose of recording the operation of another boat for use in marketing videos.

30. 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 PI C.

31. The UA may

not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non

- towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management mus t be made available to the Administrator upon request.

32. 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 FAA’s UAS Integratio n Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided.

**Support for Petition for Exemption**

In accordance with the procedural requirements of 14 C.F.R. §11.81, TVPLS provides the following information:**Contact Informa tion:**  Gary Markman President TVP L itigation Support, Inc. 1321 Sassafras Avenue Altamonte Springs, FL 32714 407

- 265

- 2220 (ph) 407

- 650

- 2752 (fx)
gary @thevideprecedent.com

**Regulatory Provisions from which T VPLS seeks an Exemption**  TVPL S believes it may

need an exemption from the following provisions to conduct the contemplated operations. In some instances, relief is needed because relief from another provision renders compliance with the regulation at hand infeasible. 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)(1)&(2) 14 C.F.R. §91.417(a)&(b)

TVPL S believes an exemption is only needed from the above

- listed regulatory provisions. To the extent that the FAA believes that additional relief is required for TVPL S to conduct the operations described here, we request an exemption from any

such regulatory

provisions as well .3 3

For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met and will require an exemption, TVPLS believes a separate exemption should not be required for §91.417(a).
**The Extent of Requested Relief and the Reasons Relief is Needed**

**Section 333 Aircraft Exemption Status:** Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the particular UAS, as well as its proximity

to airports and populated areas. An anal ys is of these criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the conditions contemplated by TVPLS will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate without the conditions propos ed in this request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightl y controlled and monitored b y the operator and observer. Operations will be conducted in compliance with the FAA and with local public safety requirements to provide securit y for the area of operation as is now done with conventional equipment, infrastructure, bridge and out building evaluation. These safet y enhancements provide an expanded degree of safet y to the inspectors over conventional operations. Lastl y, application of these same criteria demonstrates that there is no credible threat to national securit y posed b y the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials and inability to carry a substantial external load.

Given the size and limited operating area associated with the aircraft to be utilized by

the Applicant, this meets th e requirements of an equivalent level of safet y under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworth iness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular sUAS. In all cases, an analy sis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and condit ions proposed.

14 C.F.R. §61.113(a) and (b) **§61.113 Private pilot privileges and limitations: Pilot in command.** (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in co mmand of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may , for compensation or hire, act as pilot in command of an a ircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. *****

TVPL S anticipates initially using a cadre of specially trained staff to conduct the sUAS operations. While these individuals will not hold commercial pilot licenses. The sUAS will not carry propert y for compensation or hire since they will be used solely

to document or review specific sites in furtherance of TVPLS’s client’s primary business, and tocreate short marketing or advertising videos of designated areas for TVPL S’s clients. The employ ees’ operation of the sUAS will not be incidental to their employment with TVPL S, and they will be
comp ensated for such work. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS wil l fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of TVPL S clients. Accordingl y, the risk would be limited to TVPL S personnel, wh o will be appropriatel y outfitted in safet y gear, and TVPL S client’s propert y on the ground. Requiring a commercial pilot certificate would provide no appreciable safet y benefit and would needlessl y impose additional cost on TVPLS. Because the contemplated operations would not comply

with §61.113(b)(1) and none of the other exceptions to paragraph (a) appl y, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c)

**§91.119 Minimum safe altitudes: General.** Except when
necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: ***

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be
ope rated closer than 500 feet to an y person, vessel, vehicle, or structure. *****

TVPL S submits that the only relief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operati ons because videograph y/

photography

conducted at 500 feet or higher is insufficiently

distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety

can onl y be assured through the grant of an exemption. The anticipated rotorcraft operations should be adequatel y addressed b y paragraph (d) (1). Additionally , relief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not create an undue hazard to persons or propert y on the surface. The risk of injury is minimal. TVPLS does not contemplate conducting operations over congested areas, so relief is not requested from paragraph (b).

**14 C.F.R. 91.121 14 C.F.R. §91.121 Altimeter Setting**  **s** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS m ay

not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety

will be achieved by

the operator, pursuant to the Manual and Safety

Check list, confirming the altitude of the launch site sh own on the GPS altitude indicator before flight. Altitude information will be provided to the sUAS pilot via a digitall y encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display . This altitude information will be generated b y equipment installed on board the aircraft, using GPS triangulation, or digitall y encoded barometric altimeter, or radio altimeter, or an y combination thereof. Prior to each flight, a zero altitude initiation point will be established and confi rmed for
accuracy by the pilot. **14 C.F.R. 91.151 §91.151**

**Fuel requirements for flight in VFR conditions**

. (a)No person may

begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel t o fly to the first point of intended landing and, assuming normal cruising speed

– (b)During the day , to fly

after that for at least 30 minutes. No person may

begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weath er conditions) there is enough fuel to fl y to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 20 minutes.

Operating the sUAS in a pre

- defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. TVPL S does not intend to use the sUAS for point

- to

- point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, TVPLS will operate the sUAS using pre

planned flight paths (taking into account weather conditions) desi gned to allow the sUAS to fly

to the point of intended landing. As such, there is no need for a timebased excess fuel requirement. Rather it should be sufficient to require onl y as much additional excess flight capacity as necessary to safely land the sUAS . We believe that a 25% battery reserve is more than sufficient to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)**§91.405 Maintenance required.** Each owner or operator of an aircraft

– (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;

**§91.407 Operati on after maintenance, preventive maintenance,**  **rebuilding, or alteration.** (a) No person may

operate any

aircraft that has undergone maintenance, rebuilding, or alteration unless

– (1) It has been approved for return to service b y a person authorized under §43. 7 of this chapter;

**§91.409 Inspections**

. (a) Except as provided in paragraph (c) of this section, no person
may operate an aircraft unless, within the preceding 12 calendar months, it has had __ (1)An annual inspection in accordance with part 43 of this cha pter and has been approved for return to service b y a person authorized by §43.7 of this chapter; or (2)An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**§91.417 (a) & (b)**

TVPL S believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards that would allow an operator to meet the part 91 maintenance requirements. In particular, there are no ind ividuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to service inspections required b y §91.409(a). TVPLS will maintain the aircraft as instructed in the owner’s m anual and ASTM F2909, where applicable, and will not operate the aircraft until it has reasonably determined that an y needed repairs have been made. However, because of the technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e

- mail address provided above should you have an y questions or concerns.

Respectfully

submitted,

Gary Markman, President, TVP L itigation Support, Inc.**Appendix A**

Summary for Federal Register Publication Pursuant to 14 C.F.R. Part 11, the following summary

is provided for publication in the Federal Register shou ld the FAA determine that publication is needed. Petitioner: TVP L itigation Support, Inc. (TVPL S) Sections of 14 C.F.R. Affected: 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a)&(b) Description of Relief Sought: Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91. 407(a), 91.409(a), and 91.417(a)&(b) to conduct sUAS operations over specific and designated land, solely during daylight hours, to assist it’s clients in the safe procurement of photographs and videos in furtherance of their businesses. In general, sUAS o perations are intended to be conducted in areas remote from both congested areas and airports. The nature of operations anticipated by TVPL S requires that the sUAS be flown at relatively low altitudes. TVPL S expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingl y, the risk of interference with other aircraft is minimal.**Appendix B** 

**See Attached User Manual for DJI Inspire 1**