Troy S. Temple

TLT Video Productions
922 Newhall Drive Faribault, MN 55021

October 1, 2015

U.S. Department of Transportation Docket Management System New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Ref orm Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 4 5.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 9 1.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 ( a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Refor m Act of 2012 and 14 CFR Part 11, Troy S. Temple, owner of TLT Video Productions, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of a sm all UAS, so long as such operations are
conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333, for Troy S. Temple of small Un manned Aerial Systems.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or pri vate use including real estate, architecture, land surveying, engineering and other related prof essional activities.

2. Aerial video and/or photography for public and/or pr ivate use including television, public events, and cinematography.

3. Aerial inspection/photography of residential/commercial st ructures under contract with the owners or local government authority.

4. Aerial video/photography or providing live video feed t o assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation.As described fully below, the requested exemption would permit t he operation of small UAS under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operatio ns in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to " ....establish requirements for the safe operation of such aircraft systems in the national airs pace system."

The name, phone, email and address of the applicant: Name: Troy S. Temple
Phone: 507-330-0077 Email: tltvideotemple@gmail.com
Address: 922 Newhall Drive Faribault, MN 55021

Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113(a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)
14 CFR 91.103
14 CFR 91.109 14 CFR 91.119(c)
14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The small UAS's I will be using are multi-rotor craft weighing no more than 55lbs, including payload. Under normal conditions they operate at speeds of no more tha n 35mph and have the ability hover and move along a vertical and horizontal plane simultaneousl y. They will operate in line of sight only and by the exempted persons only obeying all other local and feder al laws. Given the small size of the small UAS and the controlled environment provided the proposed opera tions will adhere to the Reform Act's safety requirements. The approval of this application present s no national security issues. Regarding the level of safety surrounding the proposed operations and the pu blic benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest.**AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY**

The operation limitations proposed for an equivalent or h igher level of safety because operations will further enhance the safety of the persons and/or property u sing conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operati ons Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight (PIC). 3. Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve or 20 minutes of flight time whic hever occurs first. 4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 5. A briefing will be performed regarding the planned small UAS oper ations prior to each day's flight consisting of all the days' production activities. 6. The PIC will obtain verbal/written consent of all persons in volved with the planned operation. 7. The PIC will have been trained in operation of small UAS a nd receive up-to-date information for the particular small UAS to be operated and will be abl e to show upon request their competent ability to operate the small UAS and/or Camera. 8. Written and/or verbal permission and permits will be obta ined from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies
when needed. 9. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre-determined location within a designated location and land autonomously.

**14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C .F.R. §91.203 (a) (1)**  Subpart H, entitled Airworthiness Certificates, establishes the p rocedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1 ). Given the size and limited operating area associated with the aircraft to be utilized by the Applican t, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 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 airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airpo rts and populated areas of the particular small UAS. In all cases, an analysis of these criteria demonstra tes that the small 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 (fix ed wing or rotorcraft) operating with an
airworthiness certificate without the restrictions and condit ions proposed. The small UAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exempti on will be tightly controlled and monitored by both the operator and under the requirements and in comp liance with local public safety requirements. These safety enhancements provide a greater degree of safety to the p ublic and property owners than conventional operations conducted with airworthiness certi ficates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demon strates that there is no credible threat to national security posed by the small UAS, due to its size, sp eed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inab ility to carry a substantial external load.**14 C.F.R. § 45.23 (b). Marking of the Aircraft**

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport cat egory 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 th an 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," o r "provisional," as applicable.

Even though the small UAS will have no airworthiness certifi cate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pil ot station on which the word "Experimental" can be placed. Given the size of the small UAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance wi th §45.29 (f). The equivalent level of safety will be provided by having the small UAS marked on its fuselage as required by §45.29 (f) where he pilot, observer and others working with the small UAS will see the identification of the small UAS as "Experimental."

**14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitatio ns: Pilot in Command.**  Pursuant to 14 CFR 61.113 (a), no person who holds a pri vate pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or proper ty for compensation or hire. Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure r emote control piloting skills. The risks attendant to the operation of small UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation of the small UAS.

**14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.** The regulation requires that no person may operate a civil a ircraft unless it is in airworthy condition. As
there will be no airworthiness certificate issued for the aircraf t, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided.

**14 C.F.R. § 91.9 (b) (2}: Civil Aircraft Flight Manual i n the Aircraft.**  Section 91.9 (b) (2) provides: No person may operate a U.S.- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 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. The smal l UAS, given its size and configuration has no ability or place to carry such a flight manual on t he aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manua l at the ground control point where the pilot flying the small UAS will have immediate access to it.

**14 C.F.R. § 91.103: Preflight Action.** This regulation requires each pilot in command to take cert ain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption
will be needed. The OPERATOR will take all actions includin g reviewing weather, flight battery requirements, landing and takeoff distances and aircraft perf ormance data before initiation of flight.**14 C.F.R. §91.109: Flight Instruction.**

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft ha s fully functioning dual controls. Small UAS and remotely piloted aircraft, by their design do not have full y functional dual controls. Flight control is accomplished through the use of a control box that commu nicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instru ction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor p assengers will be carried in the aircraft and by the size and speed of the aircraft.

**14 C.F.R. §91.119: Minimum Safe Altitudes.** Section 91.119 establishes safe altitudes for operation of civ il aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescrib ed, provided the person operating the helicopter complies with any route or altitudes prescribed fo r helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, th e small UAS will never operate at higher than 400 AGL with the exception that in circumstances wher e the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the s mall UAS will not be operated more than 100' above the highest point on the structure. It will h owever be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their preobtained consent. The equivalent level of safety will be achiev ed given the size, weight, speed of the small UAS as well as the location where it is operated. No fligh t will be taken without the permission of the property owner or local officials. Because of the advan ce notice to the property owner and participants in the filming activity, all affected indiv iduals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraf t weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk a ssociated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the small UAS will ensure separatio n between these small- UAS operations and the operations of conventional aircraft that must co mply with Section 91.119.

**14 C.F.R. §91.121 Altimeter Settings.** 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 depart ure airport or an appropriate altimeter setting available before departure." As the small UAS may not have a b arometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalen t level of safety will be achieved by the operator, pursuant to the safety check list and live fli ght data monitoring, confirming the altitude of the
launch site shown on the GPS altitude indicator before fl ight.**14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR C onditions** 

Section 91.151 (a) prohibits an individual from beginni ng "a flight in an airplane under 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) Duri ng the day, to fly after that for at least 30 minutes; or {2} At night, to fly after that for at least 45 minutes." The battery powering the small UAS provides approximately 30 minutes of powered flight. To me et the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited to approxim ately 10 minutes in length. Given the limitations on the small UAS's proposed flight area and t he location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151{a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where o nly people and property owners or official representatives who have signed waivers will be allowed, with less tha n 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151{a) was in tended to alleviate given the size and speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes th at an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power- whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area.

**14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft C ertification and Registration**  The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may opera te a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certifi cate .... (b) No person may operate a civil aircraft unless th e airworthiness certificate required by paragraph (a) of this section or a special fl ight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is l egible to passengers or crew.

The small UAS fully loaded weighs no more than 55 lbs. and is o perated without an on board pilot. As such, there is no ability or place to carry certification and registration documents or to display them on
the small UAS.

An equivalent level of safety will be achieved by keeping these doc uments at the ground control point where the pilot flying the small UAS will have immediate access t o them; to the extent they are applicable to the small UAS.**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 41 7(a) & (b): Maintenance Inspections.** 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between requi red inspections, except as provided in paragraph (c) of this section, have discrepancies repaired a s prescribed in part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in com pliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness c ertificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achi eved because these small UASs are very limited in size and will carry a small payload and opera te only in restricted areas for limited periods of
time. If mechanical issues arise the small UAS can land immedi ately and will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any m aintenance performed. Moreover, the operator is the person most familiar with the aircraft a nd best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safet y.

An equivalent level of safety will be achieved because maintenan ce and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as referenc ed in the Aircraft Operations Manual (AOM}. As provided in the FOM, the operator will ensure that t he small UAS is in working order prior to initiating flight and perform required maintenance needed.**Small UAS Information**

Small UAS's to be used are as follows but not limited to provi ding they are within the scope of the exemption granted by the FAA:

DJI Phantom 3

Weight (Battery & Propellers Included) 2.8211bs. Hover Accuracy- Vertical:+/- .33ft (when Vision Positioning is active) or +/- 1.64ft Horizontal: +/- 4.9 ft Max Yaw Angular Velocity: 200°/s Max Tilt Angel : 35° Max Ascent Speed: 16 ft/s Max Descent Speed: 9 ft/s Max Flight Speed: 36mph DJI Phantom 3 Battery DJI 4480mAH LiPo Battery
DJI Phantom 3 Gimbal Controllable Range- Pitch -90 degrees to +30 degrees Stabilization: 3-axis (pitch, roll, yaw)
DJI Phantom 3 Camera Operating Temperature Range: 32°F -104°F Sensor Size: 1/2.3 in.
Effective Pixels: 14M
Resolution: 4384x3288 HD Video Recording Recording Field of View: 110°/85°
DJI Phantom 3 Transmitter Operating Frequency 2.400GHz -2.483GHz Communication Distance (unobstructed) FCC Complia nce: 2400 ft Receiver Sensitivity (1%PER) 101dbm +/- 2dbm
Transmitter Power - FCC: 20dbm CE: 16dbm

**Conclusion** Thank you for the consideration of these exemptions. Sincerely,

Troy S. Temple Owner I Operator
TLT Video Productions