U.S Department ofTransportation April10, 2015 Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590**~-.-** .: j

Re: Petitions for Exemptionunder Section 333 ofthe FAAReform Act and Part 11 ofthe Federal Aviation Regulations

DearMadam, Sir, Pursuant to Section 333 oftheFAAModernization and Reform Act o£2012 (the "Reform

### Act"), p .L. 112- 95, "Special Rules for CertainUnmanned 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 AviationRegulations ("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: 

### Applicantseeks an exemptionjrom the following rules:

. 14 C.FR Part21, 14 C.FR 45.23, 14 C.F.R 45.29, 14C.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 SubpartE (91.401- 91.417) To operate commerciallya small unmannedvehicle (55lbs orless) augmentingits realestate, sportingevents, law enforcement, wedding event photographyandvideography operations.

Contact for the Applicant is: Rick Toney Mailing Address: 919 State HwyF 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 UAV manufacturer's standards and procedures in orderto

ensure at least an equivalent level ofsafety to currently authorized operations using manned aircraft:s. Upon receipt ofthe exemption contemplated herein, I shall, ifrequired, obtain a Certificate of Waiver orAuthorization (COA) form the FAA Air Traffic Organization priorto conducting operation(s) in the NAS. Proposed Use The main use ofthis 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 DllPHANTOM 3 PROFESSIONAL and will be referenced inthis document and also inthe attached user manuaL 1. The safe operationto 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 orpublic places. The orientation offlights will be suchthat the pilot in command (PIC) always has a visual onthe rear mounted LED flight Indicator. Additional safety features ontheDllPHANTOM 3 PROFESSIONAL include, returnto home, lowvoltage, enhanced failsafe along with operating inthe less populated 2.4-2.483 GHZ frequency range. 2. Pre-flight inspection would be checking battery condition/level in boththe transmitter and UAS. The binding/link feature will not letthe UAS start ifcommunication is not established. A check for powerlines, antennas and other overhead objects wouldbeperformed. Wind conditions would be monitored and be a factorfor flying. 3. The radio frequency ofthe DllPHANTOM 3 PROFESSIONAL is in the 2.4-2.483 GHZ range. The maximum take-offweight less than 1200g. Max Ascent speed is 5 m/s, and theMax 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 Toneywho has a minimum of80 hours flying time withthe previous version ofthe Phantom 3 Professional model, theDllPHANTOM 2 VISIONPLUS modeL Testing, updating and programming theDJIPHANTOM 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 ofthis DllPHANTOM 3 PROFESSIONAL is to expand my independent contracting business by offering aerial photographyto 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 withthe camera metadatarecorded on a hard drive and backedup to cloud storage services. This datawould 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 orthetime-duration oftheUAV battery. I will also file for a Certificate ofWaiver orAuthorization (COA). In the event that a COA request is not grantedthe petitioner would askthat this request for exemption still be granted with a conditional use.The 

### DllPHANTOM 3 PROFESSIONAL will neverbe flown inthe flight path ofmanned aircraft. The first condition listed to always keep visual eye contact onthe 22mmLED flight indicatoris 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 wouldbe in public interest by giving an opportunity for real estate photographers and sporting event photographers to offer safer and more competitively priced aerial photography tothe general public. This exemption would not adversely affectthe safety ofthe general public due tothe size, weight, and keeping ofthe UAS in visual sight. The safety mechanisms ofthe herein described UAS provide further protections whenthe PIC is no longer in control ofthe UAS. In comparisons to aerial photography from manned aircraft, low altitude photography from a UAS would be safer and have less ofan environmental impact.

Thank you for your attention to this matter. Respectfully submitted,

. Rick Ton9 _../

# ~/

ANNEXA EXEMPTIONREQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECT TO EXEMPTION Rick Toney requests an exemption from the following regulations as well as any additional regulations that may technically applytothe operation ofthe 

### DllPhantom 3 Professional ("UAV"): 

### 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 Section 91.203 requires all civil aircraftto have a certificate ofairworthiness. 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 oftheUAV, its very light weight and the limited operating area associated with its utilization, it is unnecessary to go through the certificate ofairworthiness process underPart 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements ofan equivalent level ofsafetyunderPart 11 and Section 333 ofthe Reform Act. TheFederal Aviation Act and Section 333 oftheReform Act both authorize theFAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas oftheUAS involved. An analysis ofthese different criteria demonstrates thatthe UA V operated without an airworthiness certificate, underthe conditions proposed inthat 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 ofmarks; 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. Giventhe size oftheUAVs, 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 ofan airline transport pilot certificate;

• When exercising the second-in-command privileges ofan airline transport pilot certificate in a flag or supplemental operation in part 121 ofthis chapterthat requires three or more pilots; or

• When serving as a required pilot flight crewmember in an operation conducted under part 121 ofthis chapter ifthe pilot has reached his orher 60th birthday. (2) Must hold at least a second class medical certificate when exercising:

• Second-in-command privileges ofan airline transport pilot certificate in part 121 ofthis chapter (otherthan operations specified in paragraph (a)( 1)(ii) ofthis section); or

• Privileges ofa commercial pilot certificate Given the size oftheUAV, 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 ofSafety can be reached ifthe operatorhas 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 ofa civil aircraft ofthe United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued underthis part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate orauthorization. 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 ofan aircraft for compensation orhire. Subparagraph (b) allows a private pilot to act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental tothat business or employment; (3) The aircraft does not carry passengers orproperty for compensation orhire. Given the safety features ofthe UAV, Rick Toneyproposes that operators oftheUAV should
not be required to hold a commercial orprivate pilot certification. The equivalent level ofsafety will be achieved by having an operator trained UA V manufacturer, and using the integrated features ofthe aircraft to maintain a high level ofsafety 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 ofairworthiness certificates as required byFAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft tobe utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize theFAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particularUAS. In all cases, an analysis ofthese criteria demonstratesthatthe 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 orrotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. 14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements The equivalent level ofsafetywill be achieved bykeeping a hard copy ofthe user manual in close proximitytothe operator. The equivalent level ofsafetywill 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 UAVwill see the identification oftheUAS as "Experimental." The FAAhas issued the following exemptions to this regulationto 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 aircraftthat is being used for flight instruction unless that aircraft has fully functioning dual controls." The equivalent level ofsafety 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 throughthe use ofexperienced and qualified instructors familiar withthe UAV. 14 CFR § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. The exemptionrequests authority to operate at altitudes up to 400 AGL, Itwill 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 ofsafetywill be achieved giventhe size, weight, speed ofthe UAS as well

as the location where it is operated. No flight will betakenwithout the permission ofthe property owner orlocal officials. Compared to flight operations with aircraft weighing far more than those proposed herein and the lack offlammable 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 altitudeby reference to an altimeterthat is set"

... to the elevation ofthe 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 ofsafety will be achieved by the operator confirming the altitude ofthe launch site shown onthe 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 tothefirst point ofintended 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 Toneybelieves that an equivalent level of safety is already achieved with the specific procedure preventing the UAVs accepting a take-off order ifthe 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) ofthis 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 ofsafetywill be achieved by keeping these documents atthe ground control point where the pilot flying theUA V will have immediate access tothem; tothe extent they are applicable to such UAV. The FAAhas issued numerous exemptions tothis regulation. A representative sample ofother exceptions includes ExemptionNos. 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 operatoris primarilyresponsible 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 ofan airworthiness certificate. Section 91 A 17 requires the owner oroperatorto keep records showing certain maintenance workthat has been accomplished by certificated mechanics, under Part 43, orlicensed pilots and records ofapproval ofthe aircraft for return to service. Rick Toney proposesthat the maintenance ofthe UAVs will be accomplished by the owner or the operator according to the manufacturer's user manual. Given that these section and Part43 apply only to aircraft with an airworthiness certificate, these sections will not apply tothe applicant Maintenance will be accomplished bythe operator pursuant to the flight manual and operating handbook as referenced herein. An equivalent level ofsafety 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 oftime. Ifmechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL. The operatorwill ensure thatthe UAS is inworking orderpriorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operatoris the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.