U.S Department of Transportation April10, 2015 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 ~-.- .: j 

Re: Petitions for Exemption under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation 

Regulations 

Dear Madam, Sir, 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act o£2012 (the "Reform Act"), 

p .L. 112-

95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F .R Part 11, Rick Toney 

providing real estate, sporting event, law enforcement, wedding, photography and videography 

services, seeks an exemption from the Federal Aviation Regulations ("FARs") and listed below: 

14 C.F.R Part 21 

14 C.F.R. 45.23 

14 C.F.R. 45.29 

14 C.F.R. 61.3 

14 C.F.R .61.23 

14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 61.133(a) 

14 C.F.R. 91.7(a) 

14 C.P.R. 91.9 

14 C.P.R. 91.109(a) 

14 C.P.R. 91.119 

14 C.P.R. 91.121 

14 C.P.R. 91.151(a) 

14 C.P.R. 91.203 

14 CFR Subpart E (91.401- 91.417) 

Summarized for purposes ofFederal Register publication: 

Applicant seeks an exemptionjrom the following rules: 

. 14 C.FR Part 21, 14 C.FR 45.23, 14 C.F.R 45.29, 14 C.FR. 61.3, 14 C.F.R. 61.23 

, 14 C.FR, 1.113(a) & (b), 14 C.FR 61.133(a), 14 C.F.R. 91. 7(a), 14 C.FR. 91.9, 14 C.FR. 

91.109(a), 14 

C.P.R. 91.119, 14 C.P.R. 91.121, 14 C.P.R. 91.151 (a), 14 C.FR 91.203, 14 CPR Subpart E 

(91.401- 91.417) 

To operate commercially a small unmanned vehicle (55lbs or less) augmenting its real estate, 

sporting events, law enforcement, wedding event photography and videography operations. 

Contact for the Applicant is: 

Rick Toney 

Mailing Address: 919 State Hwy F 

Branson, MO. 65616 

Phone: 417-332-7811 

'i l\ ........ . 
Email: sdl56@hotmail.com 

The requested exemption would authorize commercial operations using the UAV for real estate 

and sporting event photography and videography. These operations will be subject to strict 

operating conditions defined by the U A V manufacturer's standards and procedures in order to 

ensure at least an equivalent level of safety to currently authorized operations using manned 

aircraft:s. 

Upon receipt ofthe exemption contemplated herein, I shall, if required, obtain a Certificate of 

Waiver or Authorization (COA) form the FAA Air Traffic Organization prior to conducting 

operation(s) in the NAS. 

Proposed Use 

The main use of this UAS would be taking photos and videos for live sporting events and real 

estate assist law enforcement wedding and other special event photography. The UAS systems 

that I plan to use is a Dll PHANTOM 3 PROFESSIONAL and will be referenced in this 

document and also in the attached user manuaL 

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by 

always flying the UAS within visual eye contact, less than 400ft above ground and never 

directly above persons or public places. The orientation of flights will be such that the pilot in 

command (PIC) always has a visual on the rear mounted LED flight Indicator. Additional safety 

features on the Dll PHANTOM 3 PROFESSIONAL include, return to home, low voltage, 

enhanced failsafe along with operating in the less populated 2.4-2.483 GHZ frequency range. 

2. Pre-flight inspection would be checking battery condition/level in both the transmitter and 

UAS. The binding/link feature will not let the UAS start if communication is not established. A 

check for power lines, antennas and other overhead objects would be performed. Wind 

conditions would be monitored and be a factor for flying. 

3. The radio frequency of the Dll PHANTOM 3 PROFESSIONAL is in the 2.4-2.483 GHZ 

range. The maximum take-off weight less than 1200g. Max Ascent speed is 5 m/s, and the Max 

Descent speed it 3m/s. The Maximum flight Velocity is 16 m/s. The cruise speed is 5 m/s. 

4. The PIC will be only Rick Toney who has a minimum of80 hours flying time with the 

previous version of the Phantom 3 Professional model, the Dll PHANTOM 2 VISION PLUS 

modeL Testing, updating and programming the DJI PHANTOM 3 PROFESSIONAL firmware 

would be done on a monthly schedule. 

5. I am in good medical health and sound mental health. I have no arrests or felonies. 

6. The intended use of this Dll PHANTOM 3 PROFESSIONAL is to expand my independent 

contracting business by offering aerial photography to realtors and sports organizations & other 

special events. UAS aerial photography is a relatively new industry, and my early entry into the 

market would provide a competitive edge. 

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera 

metadata recorded on a hard drive and backed up to cloud storage services. This data would be 

kept readily available for a period of 1 year after each aerial flight for hire. 

8. The proposed flight time will be the lesser of30 minutes or the time-duration of the UAV 

battery. 

I will also file for a Certificate ofWaiver or Authorization (COA). In the event that a COA 

request is not granted the petitioner would ask that this request for exemption still be granted 

with a conditional use. 
The Dll PHANTOM 3 PROFESSIONAL will never be flown in the flight path of manned 

aircraft. The first condition listed to always keep visual eye contact on the 22mm LED flight 

indicator is probably the most important. My main objective is to offer aerial real estate and 

sporting event photography along with other special events at a competitive rate for the general 

public in the safest way possible. 

Public Interest: 

Granting my request would be in public interest by giving an opportunity for real estate 

photographers and sporting event photographers to offer safer and more competitively priced 

aerial photography to the general public. 

This exemption would not adversely affect the safety of the general public due to the size, 

weight, and keeping of the UAS in visual sight. The safety mechanisms of the herein described 

UAS provide further protections when the PIC is no longer in control of the UAS. In 

comparisons to aerial photography from manned aircraft, low altitude photography from a U AS 

would be safer and have less of an environmental impact. 

Thank you for your attention to this matter. 

Respectfully submitted, 

.

Rick Ton9 _../ 

~/ 

ANNEXA 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES 

SUBJECT TO EXEMPTION 

Rick Toney requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the Dll Phantom 3 Professional 

("UAV"): 

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

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR§ 91.203(a). Given the size ofthe UAV, its very 

light weight and the limited operating area associated with its utilization, it is unnecessary to go 

through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or 

exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act 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 airports 

and populated areas ofthe UAS involved. An analysis of these different criteria demonstrates 

that the UA V operated without an airworthiness certificate, under the conditions proposed in that 

exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness 

certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 

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 near the entrance to the cabin, cockpit, or 

pilot station. Given the size ofthe UAVs, this requirement is impossible to match. 

14. CFR §61.23: Medical certificates: Requirement and duration 

Regulations provide that a person: 

(1) Must hold a first-class medical certificate: 

• When exercising the pilot-in-command privileges of an airline transport pilot certificate; 

• When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 ofthis chapter that requires three or more pilots; or 

• When serving as a required pilot flight crewmember in an operation conducted under part 121 

of this chapter if the pilot has reached his or her 60th birthday. 

(2) Must hold at least a second class medical certificate when exercising: 

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter 

(other than operations specified in paragraph (a)( 1 )(ii) of this section); or 

• Privileges of a commercial pilot certificate 

Given the size ofthe UAV, its structure, the limited flight area, and the safety features integrated 

in the autopilot (among others a flight termination system), Rick Toney believes that an 

Equivalent Level of Safety can be reached if the operator has a valid driver's license. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in 

Command; 

Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person's physical possession or readily accessible in the aircraft when exercising the privileges of 

that pilot certificate or authorization. However, when the aircraft is operated within a foreign 

country, a pilot license issued by that country may be used. The regulation provides also that no 

person that holds a private pilot certificate may act as pilot in command of an 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 or employment if: 

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

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

Given the safety features of the UAV, Rick Toney proposes that operators ofthe UAV should 

not be required to hold a commercial or private pilot certification. The equivalent level of safety 

will be achieved by having an operator trained UA V manufacturer, and using the integrated 

features of the aircraft to maintain a high level of safety during the different missions. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

Subpart H, entitled Airworthiness Certificates, establishes the procedural 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 Applicant, 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 ofthe size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis 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 conditions proposed. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements 

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in 

close proximity to the operator. 

The equivalent level of safety will be provided by having the UA V marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAV will see the 

identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to 

this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 91.109(a): Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The equivalent level of safety 

during the in-flight training will be achieved by the manufacturer or affiliate providing the 

training as described in the manufacturer's training program and through the use of experienced 

and qualified instructors familiar with the UAV. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests 

authority to operate at altitudes up to 400 AGL, It will however be operated in a restricted area 

with security perimeter, where buildings and people will not be exposed to operations without 

their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. 

Compared to flight operations with aircraft weighing far more than those proposed herein and the 

lack of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft. 

14 CFR 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 departure airport or an appropriate 

altimeter setting available before departure." As the UA V may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption is requested. 

An equivalent level of safety will be achieved by the operator confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. As the UAVs are electric-powered, this requirement is inapplicable. 

In any event, given the contemplated operations, Rick Toney believes that an equivalent level of 

safety is already achieved with the specific procedure preventing the UAVs accepting a take-off 

order if the battery level is below a given value. Moreover, the manufacturers have integrated 

low and critical battery level warnings and implemented a "return to home" action in these 

situations. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 
• No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate. 

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section 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. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UA V will have immediate access to them; to the extent they are 

applicable to such UAV. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

14 CFR Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 

.409 require the aircraft to be "approved for return to service by a person authorized under 43.7" 

after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance 

of an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by certificated mechanics, under 

Part 43, or licensed pilots and records of approval of the aircraft for return to service. 

Rick Toney proposes that the maintenance of the UAVs will be accomplished by the owner or 

the operator according to the manufacturer's user manual. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as referenced herein. An equivalent level 

of safety will be achieved because these small UAVs are very limited in size and will carry a 

small payload and operate only in restricted areas for limited periods of time. If mechanical 

issues arise the U A V can land immediately and will be operating from no higher than 400 feet 

AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the operator is 

the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety.