### 10/28/2015 08:38 2092397886

October 27, 2015 U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room 

### w12-140 BOYCE_RESDURCE '

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### PAGE 01/07 

### MtPOperating Company 1670 Honoaplilani Hwy Wailuku, HI 96793 albertboyce@gmail.com

Re: Exemption Request under Section 333 ofthe FAA_Reform Act and Part 

### 11 ofthe Federal Aviation ·Regulations Dear Siror Madam:_ Pursuant to Section 

### 333 ofthe 

### FAA Moderni%ation and Reform Act of2012 (the "Reform Act") and 14 

### C.F.R. Part 11, MTP Operating Company, LLC, seeks an exemption from Federal Aviation F{egulations ("FARs") detailed below forthe following described Unmanned Aerial System called in this application the 

### ME System, which includes an Unmanned Aircraft {UA) and ground station-based equipment and crew: THE UNMANNED AIRCRAFT (UA): • A lightweight {3.3 kg gross weightwith all on-board equipment), battery operated 6-motor rotorcraft in the form ofa quadcopterthattakes offand lands vertically, manufactured by DJI, Model S900, that ·Includes the following equipment in flight; • An**on~**board flight computerwith GF'S navigation and location ability that receives signals for flight controls from a ground-based transmitter/controller; • An on-board camera capable ofcapturing imagery in the form offull color, high definition still photos and video; • An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and direction back to its launch site; • A 2.4GH:z: on-board radio transmitterthat transmits live video from the on-board camera plus all the flight data from the telemetry system described above; iHEGROUND STATION -BASED PART OF THE SYSTEM: 

### • A Pilot in Command (PIC) in operational control of aflight operation from beginning to end and who controls the UA while in the air; • A 2.4GHz radio transmitter/controlleroperated by the PIC to control the UAwhile in flight; · • A radio receiver receiving live video and flight data from the on-board camera and computer projects It all together onto ascreen for the 

### PIC to view during flight; • AVIsual Observer (VO) Is

## a person who provides a second pair_of eyes to visually track the UAwhile in flight. The requested exemption would support an application for a commercial Certificate ofAuthorization to use the above described ME System 

### to support the rapid delivery oftreshly-ha!Vested specialty fruits and vegetables from land owned by applicant, to a kitchen owned by applicant, neveroperating over persons not directly involved with the ME system. The UA, .powered by batteries, is smaller, lighterand more maneuverable than largeraircraft running on combustible fuel, 

### it operates at lower' altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time ofonly 18 minutes, this is offers no risk to national security
.



### .Page 1of7

### 10/28/2015 08:38 2092397886 BOVCE_RESOURCE PAGE 02/07

The UA is 

### a safer, more environmentally friendly method to deliver produce from hilly fields and terrain that do not benefit from paved or gravel roads. Additionally, we request that we be allowed to use oursystem to benefit first responders nearbywho might require assistance, including fire 

### fighters, the pollee, the sheriff, et at, 

### while remaining subject

### to all limitations cited in this application as we do so. The ME

### System will be operated in the field with both a 

### PIC and a 

### VO in accordance with FAA 

### Policy N 8900.227 

### Section 14

### "Operational Requirements for UAS" and with the following Restrictions: a) No flight will be made with a UA Grossweight exceeding 

### 5.5 pounds; b) All 

### operations must occur in FAA 

### Class Gairspace at no more than 400ft

### AGL, at an airspeed ofno more than 50 knots and no furtherthan 3/4 NM from the PIC; c) 

### All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate by voice at

### all times during aflight operation; d) Operations wiH be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a mannerconsistentwith 14 

### CFR 

### § 61.51 

### (b), a minimum of 

### 100 flight

### cycles and 25 

### hours oftotal time as a UA rotorcraft pilot and at leastten hours logged as a UA pilotwith asimilar 

### UA type; 

### f) 

### All required permitswill be obtained from state and local government priorto operation; g) 

### The ME 

### System will not 

### beoperated over densely populated areas; h) 

### The ME 

### System will not be operated atair shows: i) 

### The ME 

### System will not be operated over any open-airassembly ofpeople; J) 

### The 

### ME System 

### will not be operated over heavily trafficked roads;
· k) The ME 

### System will not be operated within 5 NM 

### ofan airportor heliport;

I) 

### Operations will be restricted to day only arid weather conditions equivalent to VFR; m) The PIC will 

### briefthe VO 

### and property owner about the operation and risk before the first

### flight 

### ateach new location; n) 

### No flight may be made without a Pre-Flight Inspection 

### by the PIC before each operation to ascertain that the UA is in a condition safe for 

### flight (see Appendix A). The PIC and VO 

### will meetthe requirements outlined in FAA Policy 

### N8900.227 Section 16 

### personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will 

### complete a course 

### of maintenance instruction as 

### part

## oftheir initial training. We submitthatthe combination ofthe UA's 

### lightweight, flight performance and ability, fUlly 

### qualified flight

### crew and strict operation underthe guidelines established in 6900.227, and underall ofthe Restrictions (a) through (n) listed above, the FAA 

### can have fUll 

### confidence that the operation will have an equivalent or greater level of safety than 

### manned aircraft performing the same mission. • The name and contact information ofthe applicantare: 

# *'MTP Operating Company, LLC Attn: Albert Boyce Ph: (209) 479M2896 

### Email: afbertboyce@gmail.com The regulations from which the exemption is requested are listed below. Beside each regulation number is the page of

### the attached Addendum upon which each may be fOund togetherwith pur proposed equivalent level of safetyfor each regulation: 

### Page 2of7

### 10/28/2015 08:38 2092397886 BOYCE_RESOURCE PAGE 03/07

**~** 

### 14 CFR Part 21 .................................. Addendum Page 1 -14CFR 91.203..................................Addendum Page 1 -14 

### CFR 45.23, 45.29
...............;...........

### Addendum Page

### 2

**~** 14 

### CFR 91.9
................:...................

### :.Addendum Page 2



### - 14 CFR 61.113, 61.133
........................Addendum Page 2

- 14CFR 91.109, 91.119, 91.121
..............

### Addendum Page3



### - 14 CFR 91.151 ...................................

**Adde~dum** 

### Page 3.

- 14 CFR Subpart E(91.401 - 91.417)
......Addendum Page 3

**~FAA** 

### Policy 8900.227 Paragraph 16(c)(4)

### and Paragraph 16(e)(1)
...

### Addendum 1 Page

### 4 

### We are prepared 

### to modify or amend any part

### ofthis 

### request to satisfy the need for 

### an equivalent level of

### safety. Please contact us 

### at any time 

### ifyou require 

### additiona_llnformation orclarification. We lookfOI'Vtlard 

### to working with 

### your office. 

### Sincerely,

Albert Boyce - Manager MTP Operating company. LLC Addendum containing Exemption Requests

**an~** 

### Equivalent Level of Safety 

### AppendixA - Flight Manual Appendix B - 

### owner's Manual for UA



### Page 3 of7

### 10/28/2015 08:38 2092397886 BOVCE_RESOURCE PAGE 04/07
ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY MTP Operating Company, LlC, requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe ME System: 14CFR Part21, Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate 

### be issued forthe 

### ME System under eitheror both ofthe following provisions: 

### 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft destgn concepts, new aircraft equipment, new aircraft installations, new aircraftoperating techniques, or new uses for aircraft. (b) Showing compliance

### with regulations. Conducting flight tests and otheroperations to show compliance with the airworthiness regulations Including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights 

### to show compliance with the function and reliability requirements ofthe regulations. Since 

### the experimental certificate 

### can be used for commercial purposes such as market surveys, sales demonstrations, and customercrew training, we would 

### expect that an experimental certificate would permit our commercial purpose as well. The aircraftwill not carry persons, will not 

### carry fuel, and will only 

### fly understrict operational requirements. Combined with the UA's light weight, being constructed primarily ofcarbon fiber and plastic,.we propose thatthe 

### UAwill 

### be at least as 

### safe, 

### if not safer, than a conventionally certificated aircraft performing the same mission, 

### Ifan experimental airworthiness certificate is not appropriate for

### this application, then we request an exemption of 

### 14 CFR Part 

### 21, Subpart 

### H, and the requirement for an airvvorthiness**~ertificate** in general, citing the equivalent level of

### safety outlined in the previous paragraph. 14C;FR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and 

### a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin orcockpit entrance so that It is legible to passengers or crew." At 

### a maximum gross weight of

### 3.3 kg., the UA is too small to 

### carry documentation, does not have an entrance, and is not capable ofcarrying passengers orcrew. To obtain an equivalent level ofsafety and meet the Intent of 91.203, we propose that d6cuments deemed appropriate forthis aircraft by the FAAwill be**co~looated** with 

### the crew atthe ground control station and available for inspection upon 

### request. In orderto identify the aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTALH to satisfy the requirement of 14 CFR 4S.23, which follows immediately afterthe proposed placard description below: EXPERIMENTAL Manufacturer: OJ! Innovations, Inc. 950 E Baseline Ave. Ste. 210 Apache Junction 

### AZ 85119 Model: 8900 lff'ound please contact: (808)**244~7643** 

### Page 4 of7

### 10/28/2015 08:38 2092397886 BOYCE_RESOURCE PAGE 05/07

14CFR 45.23 Display of marks; general and 45.29 Size ofmarks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters 

### at least 

### 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in 

### letters at least

### 2 inches high nearthe entrance 

### to the cabin, cockpit, or pilot station. The UA 

### does not have an entrance In which the word "EXPERIMENTAL" oan be placed, and may not have a registration numberassigned to it by the FAA. We

**propos~** to achieve an equivalent level of

### safety by including the word "EXPERIMENTAL'' in 

### the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraftwhile it is preparing for launch 

### will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display atthe ground station a high contrast flag or bannerthat contains the words "Unmanned Aircraft Ground Station'' in letters 3 inches high orgreater. Since the aircraftwill operate within 314 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses 

### to investigate its point oforigin: 

### 14CFR 91.9 Civil aircraftflight manual, marking, and

### placard requirements. This regulation provides 1hat no person may operate an aircraft unless

## acurrent, approved flight manual is in the aircraft. We assume 

### thatthe intent ofthis requirement is to ensure thatflight manual information is available to the aircrew while operating the aircraft, We request an exemption to this requirement since the aircraft is not only too small to carry ddcumenlation, the documentation would not be available

### to the crew during flight operations. To obtain an equivalent level ofsafety and meetthe intentof91 .9, we propose that a current, approved UA Flight Manual (AppendixA) must be available

### to tlie crew at the ground station anytime.the aircraft 

### is in, orpreparing for, flight. 

### 14 CFR

### 61.113 Private pilotprivileges and limitations:mandand

### 61.133 Commercial pilotprivileges and limitations. THe regulation provides that 

### no person that holds 

### a private pilot certificate may act as pilot 

### in command ofan 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 oremployment it (1) The flight is only incidental to that business or employment; and 

### (2) The aircraft does not carry passengers or property for compensation orhire. Our proposed operations require that the PIC must either 1, Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours offlightexperience in this type of

### UA, or 

### 2. Meetthe requirements of

### 8900.227 para 16(c)(2}{c) "Operations without a pilotcertificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilotwritten examination." Since there are 

### currently no means available forthe pilot ofa UAS to gain theexperience in an equivalent category and class 

### in order to apply 

### for a commercial pilot's license, we propose to generate an equivalent level ofsafety by requiring our pilots to complete, ata minimum, 

### FAA commercial pilot ground instruction and pass the FAA Commercial Pilotwritten examination 

### in addition 

### to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel 

### we meet the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business. 

### 14CFR 91.109 

### Flight Instruction; Simulated instrumentflightand certainflighttests 

### The regulation states 

### that ''No person 

### may operate 

### acivil aircraftthat is being used for

### flight instruction unless that aircraft has fully functioning dual controls." The ME System ground-based control station consists ofa small hand-held radio transmitter and while tt does not offera second 

### set of "controls", both the student and instructor can, 

### andwill, operate the single setofcontrols simultaneously. With both studentand instructor having 

### "hands..{)n" the controls during flight, we feel that this technique meets the intent 91.109 and provides 

### an equivalent level 

### ofsafety. 14CFR 

### 91.119 Minimum safealtitudes; General. Page 5 of7

### 10/28/2015 08:38 2092397885 BOVCE_RESOURCE PAGE 05/07
The regulation states that over sparsely populated areas the aircraft cannot be operated closerthan 500 feet to any person, vessel, vehicle, orstructure. Since the aircraft will be operating at

### a maximum 

### of400 feet AGL, we cannot comply with this requirement In orderto provide an equivalent level ofsafety we will only 

### fly over private property with asize ofat leasttwo acreswith the permission ofthe ownerofthe property flown over. The aircraft will not be operated over congested areas orover any open airassembly of persons. The property ownerwill be briefed 

## on the expected route offlight and the associated risks to persons and property on the ground. The aircraftwUI be operated at a low altitude allowing, ifa power unit fails, an emergency landing without undue hazard 

### to persons or property on the surface. Therefore we maintain that due

### to the small siZe of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should · be considered in granting the exemption. 14CFR91.121 Altimetersettings. The regulation requires that aircraftshall maintain cruising altitudes by reference 

### to an altimeter setting available within 100 NM ofthe aircraft. The UAwill always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflictwith other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA on-board computer

### to the display screen held by the PIC, providing 

### aconstantly updated AGL readout. 14CFR 91.151 Fuel requirements forflight in VfR conditions, The regulation provides that no person may begin aflight in an airplane underday-VFR conditions unless there is enough fuel to

### fly to the first point ofintended landing and to 

### fly after that for at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reseiVe as a safety bufferfor delays

### to landing. The UA is battery operated and the maximum duration offlight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraftwill neverfly more than % 

### NM from the point ofintended landing, a

### full battery charge at launch will ensure thatwe meet the rese!Ve energy requirement oftl'lis paragraph.·We request an exemption tothe

### word "fuel" and askfor an equivalent interpretation with the word "energy". 14CFR Subpart E (91.401- 91A17) ·Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an ahworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by 

### a person authorized under

### 43.7" after maintenance and inspection. 

### It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized 

### to approve the aircraftfor return to service." As provided in the Pre-Flight Checklist in Appendix A, the PICwill ensure thatthe aircraft is in an airworthy condition priorto every flight and in addition conduct detailed Inspections afterevery two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed 

### by the manufacturer ortheir designated repair facility. The PIC will document work performed in accordance with 91 .417. We feel that due to the size. construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and 

### VO must have a

### valid FAA second-class medical certificate issued under part

### 67 in orderto perform as a pilot orobse!Ver. The UA maximum gross weight is 6.5 pounds, it is constructed ofcarbon fiber

### and plastic and the PIC is noton board. Both the 

### PIC and the 

### VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwfll retum autonomously to the site oflaunching and land without crew intervention. Therefore, requiring the PIC and VO 

### to meet the same medical requirements 

### as acommercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose that

### the minimum medical requirements 

### for the PIC and VO 

### bevision corrected to 20120 and avalid, state issued drivers license. The 20!20vision requirement will ensure thatthe 

### PIC and VO can see and avoid airtraffic; a licensed driver is medically qualified to operate a much largervehicle. Page 6 of7

### 10/28/2015 08:38 2092397886 BOYCE_RESOURCE PAGE 07/07

APPENDIX A- FLIGHT MANUAL FLIGHT RESTRICTIONS 

### a) No 

### flightwill be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAA Class Gairspace at no more than 400' AGL, at an airspeed ofno more than 50 knots and no further than 314 NM from the PIC; c) All operations must utilize avisual o'bserver (VO). The VO and PIC must 

### be able to communicate verbally at all times during aflight operation; d) Operations will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have**accu~ulated** 

### and logged, in a· mannerconsistentw_ith 14 

### CFR 

### § 61.51 (b), 

### a minimumof 

### 100flight cycles 

### and 25 hours of

### total time 

### as a UA rotorcratt 

### pilot and at leastten hours logged 

### as a 

### UA pilot with a similar 

### UA type; · · 

### f) All required permits will be obtained from state and local government priorto operation; g) 

### The ME 

### System will not be operated over densely populated areas; h) The ME 

### System will 

### not be operated at airshows; i) 

### The ME System will not be operated overany open-air assembly of people; j) The ME System will not be

### operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM ofan airport or heliport; I) Operations will be restricted to 

### day only and weatherconditions equivalent to VFR; m) PIC will confirm that no people are below 

### ornearthe direct flight path t!' and from destination. n) The PIC will briefthe VO and property ownerabout the operation and risk before the first flight at each new location; o) No flight 

### may be made withOut asuccessful Pre-Flight Inspection 

### by the PIC before-each operation to ascertain that the 

### UA is in acondition safe forflight.

. PREFLIGHT CHECKLIST 

### 1. Remote controller. aircraft battery, and mobile device are 

### fully charged. 2. Propellers are mounted correctly and firmly. 

# 3: Micro-so card has been inserted if necessary. 4. 

### Gimbal is functioning 

### as normal. 5. 

### Motors can start and are functioning as normal. 6. OJI Pilot app connected to the aircraft. TO REGAIN CONTROLAFTER LOST

### RAOIO CONTACT 

### If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated and will bring the 

### UAV back to the PIC.

Page 7 of7