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July 20, 2015

U.S. Department of Transportation

Federal Aviation Administration

Document Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

RE: Exemption Request to Section 333 of the FAA Report Act and Part 11 of the Federal

Aviation Regulations from 14 C.F.R. 21, subpart H, 14 C.F.R. Sections 61.113 (a); 91.7

(a); 91.9; 91.103; 91.105; 91.109; 91.203 (a) & (b); 91.119; 91.121; 91.151 (a);

91.405(a); 91.407(a)(1); 91. 409(a)(1) & (2); 91.417(a) & (b)

Dear Sir or Madam:

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

C.F.R. Part 11, TAC Insight, LLC, herby seeks and applies for an exemption from the Federal

Aviation Regulations listed below, to allow commercial operation of its small unmanned aircraft

systems (sUAS) under the conditions and limitations set forth in this petition.

The requested exemption would permit TAC Insight, LLC to operate small unmanned aircraft

systems (sUAS) under controlled conditions for inspections and photography of construction

jobsites, bulk material production facilities and stockpiles, landfills, and debris volume

assessments in disaster areas. The sUAS will be operated in a space that (a) is limited, (b) is

predetermined, (c) is controlled as to access, and (d) would enhance quality, reduce

environmental impacts, and provide safety enhancements to the already best practices safety

protocols followed TAC Insight, LLC at jobsites.

The name and address of the applicant is:

TAC Insight, LLC

Attn: Mike Mendiola

516 W. Vine Ave

Suite 170

Knoxville, TN 37902

PH: 865-219-2980

Email: mmendiola@tacinsight.com
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REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

 14 C.F.R. 21, subpart H

 14 C.F.R. 61.113 (a)  14 C.F.R. 91.7 (a)  14 C.F.R. 91.9

 14 C.F.R. 91.103

 14 C.F.R. 91.105

 14 C.F.R. 91.109

 14 C.F.R. 91.203 (a) & (b)  14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151 (a)  14 C.F.R. 91.405(a); 407(a)(1); 409(a)(1) & (2); 417(a) & (b)

APPLICATIONS AND PUBLIC INTEREST

TAC Insight, LLC provides professional data management software and services for companies

in the heavy civil construction, aggregate production, solid waste, and disaster recovery

industries. There are many applications in these industries in which aerial photography provides

a more practical and safer method of acquiring information than ground based alternatives.

Examples include but are not limited to: erosion control and containment inspection, material

stockpile volume calculations, landfill cell monitoring, and disaster debris surveying.

Traditionally the acquisition of aerial photography required fixed or rotary-winged manned

aircraft with a pilot and camera operator. The use of sUAS in these applications will offer

significant advantages related to safety, time, and cost. Due to their small size, weight, and the

fact they carry no fuel, the sUAS poses a much lower risk to persons or damage to structures on

the ground. Because the sUAS are electric battery powered, they create no harmful emissions

and make very little noise. For these reasons the use of sUAS in the aforementioned

applications would be in the public interest.

EQUIVALENT LEVEL OF SAFETY

The sUAS to be used will be the Phantom 3 manufactured by DJI. No vehicle operated by TAC

Insight, LLC will be modified from the manufacturers design unless specifically directed by the

same manufacturer. Furthermore, if the submitted exemption is approved, TAC Insight, LLC

intends to utilize the sUAS as previously stated above with the following conditions and

limitations:
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1. The sUAS will weigh less than 10 pounds.

2. All sUAS flights will be at or below 200 feet Above Ground Level (AGL).

3. Operations will occur during daytime Visual Flight Rules (VFR) conditions only.

4. Maximum total flight time for each flight shall be no more than 20 minutes. Flights will

be terminated at 25% battery power reserve or when low battery level indications are

present as indicated in the user manual and safety guidelines.

5. At a minimum, the crew for the sUAS will include the Pilot and a Visual Observer (VO). 6. The sUAS Pilot will be the Pilot In Command (PIC).

7. The sUAS PIC will have at least a Private Pilot Certificate and a current 3rd Class Medical

Certificate or valid US Driver’s License.

8. All flights will be within Visual Line of Sight (VLOS) of the PIC and VO. 9. The sUAS will remain close enough for the PIC and VO to be capable of seeing the

aircraft with vision unaided by any device other than corrective lenses.

10. The sUAS will only operate within the designated area as discussed and planned during

the pre-flight briefing.

11. The sUAS will not operate within the following distances from airports or heliports:  5 nautical miles (NM) from an airport having an operational control tower; or  3 NM from an airport with a published instrument flight procedure, but not an

operational tower; or  2 NM from an airport without a published instrument flight procedure or an

operational tower; or  2 NM from a heliport with a published instrument flight procedure

12. A pre-flight briefing will be conducted prior to each sUAS flight. All personnel involved in

the flight are required to be present during this briefing.

13. Prior to each flight, a pre-flight inspection will be conducted as per the pre-flight

checklist provided within the sUAS User Manual.

14. The sUAS will not operate directly over any persons not directly involved in the

operation.

15. The sUAS PIC will obtain the consent of all personnel onsite and within the area and

perimeter of the site in which the sUAS will be operating above.

16. Property owners’ approval will be obtained prior to sUAS operations on each site.

17. The PIC and VO will be trained in the operation of UAS generally and received up-to- date information on the specific sUAS that is being operated.

18. At all times voice communications between the PIC and VO will be maintained.

19. If the sUAS loses communications with the ground control station or GPS signal, the

sUAS will have the capability to automatically return to the designated landing area.

20. All required permissions and permits will be obtained from territorial, state, county, or

city jurisdictions, including local law enforcement, fire, or other appropriate government

agencies.
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REGULATIONS REQUIRING EXEMPTION

TAC Insight, LLC requests exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the DJI Phantom 3 sUAS:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

The sUAS (a) will weigh no more than 10 lbs. gross, (b) will operate within a secured and pre- determined area, (c) have a maximum operating speed of 100 MPH at altitudes not to exceed

200 feet above ground level, and (d) operate within line of sight of the pilot in command.

14 CFR § 61.113(a) Private Pilot Privileges and Limitations: Pilot in Command

Given the size, weight, speed, range, and operational limitations of the sUAS, TAC Insight, LLC

proposes that operators of the sUAS should not be required to hold a commercial pilot

certification. Instead, the PIC should be allowed to hold a private, recreational, or sport pilot

certificate.

14 CFR § 91.7(a) Civil Aircraft Airworthiness

Prior to each flight, the PIC will inspect the sUAS, including the Ground Control Station, and

perform the pre-flight checklist as provided in the sUAS user manual to ensure it is in a

condition for safe flight. If the inspection reveals a condition that affects the safe operation of

the sUAS, the PIC will not operate the sUAS until the necessary maintenance has been

performed and the sUAS is found to be in a condition for safe operation. 14 CFR § 91.9; 91.203 (a) & (b) Civil Aircraft Flight Manual, Certification

Given the sUAS has no compartment space to hold a flight manual or other documents onboard

and given the PIC operates the sUAS from a ground control station, TAC Insight, LLC proposes

that all required operator manuals and documentation including exemption and COA be

accessible to the PIC during flight operations. These documents will be made available to the

Administrator or any law enforcement official upon request.

14 CFR § 91.103 Preflight Action

This regulation section requires the PIC shall, before beginning a flight, become familiar with all

available information concerning that flight including runway lengths at airports of intended

use and takeoff and landing distance information. Given the sUAS operations will not occur at
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an airfield, TAC Insight, LLC proposes these regulations are not applicable. To provide the

equivalent level of safety, the PIC will complete pre-flight checklist as directed by the sUAS user

manual prior to any flight.

14 CFR § 91.105 Flight Crewmembers at Stations

Given the sUAS carries no crewmembers, TAC Insight, LLC proposes this regulation is not

applicable. An equivalent level of safety shall be maintained by ensuring that the PIC is

identified prior to any flight and the PIC shall maintain control of the sUAS for the duration of

the flight. In the event the PIC becomes incapacitated, the sUAS is to automatically return to

the designated landing area.

14 CFR § 91.109 Flight Instruction (Dual Controls)

Given the sUAS is radio controlled from a ground control station and does not have dual

controls by design, TAC Insight, LLC proposes this regulation is not applicable. The equivalent

level of safety will be achieved through the sUAS flight training software and by conducting

flight training within controlled environments.

14 CFR § 91.119 Minimum Safe Altitudes

The regulation provides safe altitude for operation of civil aircraft and allows helicopters to

operate less than the minimums prescribed. Given the sUAS is a 4 rotor type “quad-copter” TAC

Insight, LLC proposes a request for exemption to operate at altitudes not to exceed 200 feet

above ground level or not more than 200 feet above any elevated platform from which takeoff

and landing is necessary. Moreover, the sUAS will be operated in a defined and relatively small

area and will not be operated over any open-air assembly of persons. The sUAS will be

operated at an altitude allowing, if a power unit fails, an emergency landing without undue

hazard to persons or property on the surface.

14 CFR § 91.121 Altimeter Settings

The regulation in this section requires that the PIC navigate to cruise altitudes by means of an

altimeter that is set at the elevation of the departure airport or an appropriate altimeter setting

available before departure. Given the sUAS utilizes a combination of GPS, barometric pressure,

and internal gyroscope readings to calculate altitude, TAC Insight, LLC proposes the PIC use the

altitude transmitted by the sUAS to the ground control station.
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14 CFR § 91.151(a) Fuel Requirements for Flight in VFR Conditions

Given the limited area of operation and maximum flight time of approximately 23 minutes with

the manufacturers current battery pack, TAC Insight, LLC proposes an equivalent level of safety

can be achieved by requiring at least 75% battery power in order to begin a flight and requiring

the sUAS to return to land when the battery power reaches 25%.

14 CFR § 91.405(a); 407(a)(1); 409(a)(1) & (2); 417(a) & (b) Maintenance, Preventative

Maintenance, Inspections, and Alterations

Referring to maintenance, preventative maintenance, and alterations to the sUAS, TAC Insight,

LLC proposes the operator and/or PIC will provide maintenance and inspections to the sUAS. All

maintenance will be conducted and logged in accordance with the manufacture’s

specifications. Given the size and simplicity of the sUAS combined with the operational and

safety guidelines outlined in this petition, an equivalent level of safety can be maintained or

exceeded.

CONCLUSIONS

TAC Insight, LLC respectfully requests that the FAA grant the exemption sought in this petition.

TAC Insight, LLC believes that considering the small size and weight of the sUAS, along with the

operating requirements stipulated above, it is demonstrated that the sUAS will be operated

safely within the national air space (NAS) with an equivalent or greater level of safety compared

to manned aircraft.

Sincerely,

Mike Mendiola

TAC Insight, LLC