Timmons Group

1001 Boulders Parkway

Suite 300

Richmond, Virginia 23225

June 3, 2015

Docket Operations, M‐30

U.S. Department of Transportation

1200 New Jersey Ave., SE

Room W12‐140

West Building Ground Floor

Washington, DC 20590‐0001

Exemption Request for Timmons Group under Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

Dear Sir or Madam:

Timmons Group requests exemptions from several provisions of the Federal Aviation Regulations (FAR) in accordance

with Section 333 of the FAA Modernization and Reform Act of 2012. Timmons Group seeks these exemptions in order to

safely operate small lightweight DJI unmanned aircraft systems (UASs) (detailed below) commercially (private property

mapping and surveys) in airspace regulated by the Federal Aviation Administration (FAA). The exemptions Timmons

Group is requesting are Part 21; §§ 45.23(b); 61.113(a) and (b); 61.133(a); 91 .7(a); 91.9(b)(2); 91.109(a); 91.119;

91.151(a); 91.203(a) and (b); 91 .319(a)(1); 91.405(a); 91.407(a)(l); 91.409(a)(2); and 91.417(a) of Title 14, Code of

Federal Regulations (14 CFR part 11). The requested exemption would support an application for a commercial

Certificate of Authorization to use the UAS to support mapping and surveys in the following capacities:

 Marketing/ Advertising

 Land Development

 Insurance Claims

 Forestry I Agriculture

 Golf Course Planning

 Construction

 Real Estate

 Inspections

 Land Appraisal

 Wildlife Management

 Resort/Recreation

 Vineyard and Winery

The DJI UAS system consists of lightweight battery operated aircraft, an integrated state of the art ground station

system, and communications equipment. The aircraft carries an onboard high resolution camera (with first person

view) that allows us to conduct precision aerial photography and video. This technology will assist the PICs in

providing the utmost safety procedures and the public will benefit from these services. Timmons Group services

will help the commercial industry and not bring harm to any person in the air or on the ground. The aircrafts of

Timmons Group will be operated in the field of view with both a Pilot in Command (PIC) and a ground‐based Visual

Observer (VO) in accordance with FAA Policy No. 8900.227 Section 14 "Operational Requirements for UAS" with

the following additional restrictions:  
 All operations will occur in Class G airspace (below 400' AGL)

 Operations will be operated over private property, commercial property, or property (not federal or state)

with permission of the land owner

 The aircraft will not operate within 5 NM of any airport or heliport [unless well‐coordinated with the FAA

and airport/heliport (detailed flight plans)]

 Operations will be limited to day, visual meteorological conditions

 Aircraft will remain within Visual Line of Sight at no greater than Y2 NM of the PIC at all times

 While the aircraft is airborne, the VO will be positioned within voice distance to PIC

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 Personnel Qualifications.

Additionally, the PIC and VO will perform maintenance on the system and will complete all necessary maintenance

set forth by the FAA or manufacturer.  

We submit that the combination of the aircrafts light weight, historically demonstrated flight performance, fully

qualified flight crew and strict operation under the guidelines established in 8900.227, the FAA can have

confidence that the operation will have an equivalent or greater level of safety of manned aircraft performing

similar operations. Timmons Group is dedicated to safety and believes the company will not bring any harm to the

public (air or ground).

Unmanned Aircraft Systems (UASs): User Manuals are attached

Timmons Group proposes to operate the DJI Phantom 3 quadcopter. The petitioner states that given the size,

weight, speed, and limited operating area associated with the aircraft to be utilized by the applicant, an exemption

from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is

warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of

P.L. 112‐95 {Section 333). The petitioner further states that UAS operated without an airworthiness certificate in

the limited environment and under the conditions and limitations proposed by the petitioner will be at least as

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

issued under 14 CFR part 21, Subpart H and not subject to the proposed conditions and limitations. The petitioner

states that the unmanned aircraft (UA) to be operated under this request is a rotary‐wing aircraft, with the aircraft

weighing under 55lbs fully loaded, flies at a maximum speed of 29 knots (not recommended), carries neither a pilot

nor passenger, carries no flammable fuels, and operates exclusively within a pre‐disclosed area. Operations under this

exemption will be tightly controlled and monitored by both the operator, spotter, and local public safety requirements.

Additional Safety Features for the DJI:

 The Phantom 3 will enter Failsafe mode when its connection to the Remote control is lost. The Flight

Control System will automatically control the aircraft to return home and land to prevent injury or

damage. The Failsafe activates when:

• The Remote Control is powered off in flight

• The aircraft has flown out of range

• The signal between the Remote Control and the Phantom has been blocked

• There is interference causing a signal problem with the Remote Control

• The battery is at 10% battery life

 Maximum Altitude is se t at 400 feet for all DJI aircrafts

 All airports are loaded into the flight controllers and the aircraft will not fly within 5nm of any airport

 All aircraft are equipped with GPS enabled systems

   
UAS Pilot in Command (PIC)

The petitioner asserts that operators of the DJI should not be required to hold a commercial or private pilot

certification. The petitioner notes that unlike a conventional aircraft that carries a pilot, passengers, and cargo, the

DJI UASs are remotely controlled with no passengers or property of others on board. The petitioner proposes that

operator requirements should take into account the characteristics of the particular UAS. The petitioner states that

the DJI UASs have high degree of pre‐programmed control and various built‐in technical capabilities that strictly

limit the potential for operation outside of the operating conditions set forth in its petition for exemption.

Timmons Group will not allow the PIC to fly any aircraft without at least 40 hours of training flight time with the

exact aircraft used for the business. The company has several private testing areas that are in a remote locations

with no vertical obstructions. This allows the PICs for Timmons Group to test all the systems and understand fail

safe features to the fullest extent before conducting business with the UAS.  

PICs and VOs for Timmons Group

Michael Aust, PIC – Sport Pilot License

Steve Vargo, VO

Leslee Oliver, VO

Timmons Group’s PIC is well versed in all the safety features on the DJI aircrafts. He has spent countless hours

perfecting the pre‐flight, flight, and post flight procedures. The PIC can perform all necessary maintenance on the

DJI aircraft and if for some reason is not able to fix aircraft to safety specifications, then will seek assistance from

the manufacturer. Any operation under the exemption would be conducted in accordance with the strict

parameters of the FAA and the DJI Flight User Manuals. (Attached to the request)

The name and contact information of the applicants are:

Timmons Group

1001 Boulders Parkway

Suite 300

Richmond, Virginia 23225

Timmons Group is prepared to modify or amend any part of this request to satisfy the need for an equivalent level

of safety. We look forward to working with your office. Please contact us any time if you require additional

information or clarification.

Regards,

Christopher R. Dodson, PWS

Principal, Director of Field Operations

   
The petitioner requests relief from the following regulation in 14 CFR Part 21:

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals,

productions approvals, airworthiness certificates and airworthiness approvals.

Section 45.23 (b) prescribes, in pertinent part, that when marks include only the Roman capital letter

"N" and the registration number is displayed on limited, restricted or light‐sport category aircraft or experimental

or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited,"

“restricted," "light‐sport," “experimental," or "provisional," as applicable.

Section 61.113(a) and (b) prescribe that‐ 

a) no person who holds a private pilot certificate may act as a pilot in command 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 aircraft in connection with any

business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Section 61.133(a) prescribes, in pertinent part, that a person who holds a commercial pilot certificate may act as

pilot in command of an aircraft: (i) Carrying persons or property for compensation or hire, provided the person is

qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and

(ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable

parts of this chapter that apply to the operation.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. Section

91 .7(b) prescribes that the pilot in command of a civil aircraft is responsible for determining whether that aircraft

is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical,

electrical, or structural conditions occur.

Section 91.9(b)(2) prohibits operation of U.S .‐registered civil aircraft unless there is available in the aircraft a

current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft

below the following altitudes:

a) Anywhere. An altitude allowing, if a power unit ails, an emergency landing without undue hazard to

persons or property on the surface.

Over congested areas.  

b) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an

altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

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 operated closer than 500 feet to any

person, vessel, vehicle, or structure.

d) Helicopters, powered parachutes, and weight‐shift‐control aircraft. If the operation is conducted without

hazard to persons or property on the surface‐ 
1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this

section, provided each person operating the helicopter complies with any routes or altitudes

specifically prescribed for helicopters by the FAA ; and

2) A powered parachute or weight‐shift‐control aircraft may be operated at less than the minimums

prescribed in paragraph (c) of this section.

Section 91.151(a) prescribes that no person may begin a flight in an airplane under visual flight rules (VFR)

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of

intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes

[emphasis added].

Section 91.203(a) prescribes, in pertinent part, that no person operate a civil aircraft unless it has within it (1) an

appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its

owner or, for operation within the United States, the second copy of the Aircraft registration Application as

provided for in§ 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness

certificate or a special flight authorization issued under§ 91.715 is displayed at the cabin or cockpit entrance so

that it is legible to passengers or crew.

Section 91.319(a) (1), Aircraft having experimental certificates: Operating limitations, prescribes in pertinent part

that no person may operate an aircraft that as an experimental certificate for other than the purpose for which the

certificate was issued.  

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspecte1 as

prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph

(c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibit s, in pertinent part, any person from operating an aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service

by a person authorized under§ 43.7 of the same chapter.

Section 91.409(a)(2) prescribes that no person may operate any aircraft unless, within the preceding 12 calendar

months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this

chapter.

Section 91.417(a) prescribes, in pertinent part, that‐ 

a) Each registered owner or operator shall keep the following records for the periods specified in paragraph

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100‐ 

hour, annual, progressive, and other required or approved inspections, as appropriate, for each

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include‐ 

i. A description (or reference to data acceptable to the Administrator) of the work

performed; and

ii. The date of completion of the work performed; and

iii. The signature, and certificate number of the person approving the aircraft for return to

service.

(2) Records containing the following information:

i. The total time in service of the airframe, each engine, each propeller, and each rotor.

ii. The current status of life‐limited parts of each airframe, engine, propeller, rotor, and

appliance.
iii. The time since last overhaul of all items installed on the aircraft which are required to

be overhauled on a specified time basis.

iv. The current inspection status of the aircraft, including the time since the last inspection

required by the inspection program under which the aircraft and its appliances are

maintained.

v. The current status of applicable airworthiness directives (AD) and safety directives

including, for each, the method of compliance, the AD or safety directive number and

revision date. If the AD or safety directive involves recurring action, the time and date

when the next action is required.