Lancaster & Co.

Michael L. Lancaster

Rodney J. Schmidt

PO Box 1612 

Eureka, MT 59917

lancam1@yahoo.com

406-291-8622

29 Oct 2015

FAA

U.S. Department of Transportation

Docket Operations

West Building, Ground Floor, Room W12-140

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Docket Number FAA-2015-0150

Dear Sir or Madam,

In accordance with Section 333 of the FAA modernization and Reform Act of 2012 (the Reform 

Act) and 14 CFR Part 11, we at Lancaster and Company respectfully request an exemption from the 

listed Federal Aviation Regulations (FARs) to allow business use (commercial operation) of its UAS, so 

long as such operations are conducted within and under the conditions outlined herein or as established 

by the FAA as required by section 333.

Exemptions Sought

The requested exempted sections of 14CFR are as follows: parts 21, 27, 45.23(b), 45.27(a), 

61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109(a), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 

91.319(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). 

Extent of Relief and Reasons Relief Sought

Relief from these sections is requested to operate a DJI Phantom 2 UAS with associated camera 

equipment for obtaining digital video and photography in support of real estate sales for private owners 

of real property and other promotional purposes related to real estate in Northwest Montana. It is 

understood that such operations will only be carried out while operating over private property with the 
express consent of the land owner. Film and images of the client’s property will be the only object of 

UAS operations with the exception of incidental background images of surrounding property. 

Public Benefit

Our operations are beneficial to the property holding public at large as it provides another 

avenue of publicity for the marketing of homes in our rural area of Northwest Montana which relies 

heavily on outside home purchasers looking for rural property. It is of further benefit to the economic 

well-being of communities that rely heavily on tourism to support local jobs and economy in an area of 

the country that has been hit hard by the collapse of the timber industry. The videos, images and 

community promotion that the use of this UAS will provide will allow those who have never been to 

Montana to see its beauty and kindle an interest in the properties and communities represented. 

Public Safety

The public safety in the operation of UASs is of first concern. No operations shall ever be 

conducted when the opportunity of injury to the public may occur. No commercial use of a UAS is 

sufficiently important enough to forego potential hazards to the public. As such, all flight operations will 

undergo a risk assessment before commencement. As these operations will be carried out on private 

property, with the permission of the land owner and under the supervision of a qualified Pilot in 

Command (PIC), the PIC and his assistant will have control over the flight area in addition to Operational 

Control over the UAS at all times. Any unsafe condition that may arise, such as the unauthorized 

entrance into the flight area of a spectator, will be grounds for immediate termination of the flight. 

Thorough and standardized safety checks and inspections shall also be implemented both pre 

and post flight to minimize equipment failure and to identify any potential hazards to safe operation and 

to keep all equipment in safe and serviceable condition. A pre-flight walkthrough of the airspace will 

also be conducted by the PIC and safety observer to identify any potential hazards to safe operation. 

Finally, a pre-flight safety brief shall be conducted by the PIC prior to flight operations. This safety brief 

shall include but not be limited to a review of the results of the preflight inspection, the pre-flight 

walkthrough and an evaluation of the current and projected weather conditions. Under no 

circumstances shall any flight operation commence in inclement weather, during conditions of reduced 

visibility or within 1 hour prior to sunset. The PIC and safety observer shall remain within sight and 

verbal communication distance of each other at all times. Additional safety observers may be employed 

as necessary as dictated by the scope and complexity of the project. All safety observers utilized shall 

take part in the pre-flight brief conducted by the PIC. Any safety observer shall have the right and 

indeed the obligation to halt the flight if any unsafe condition is observed. It is further acknowledged 

that operational risk is also mitigated by the nature of the location of these operations in rural

Northwestern Montana where flight and population density are significantly below average.

Radio frequencies utilized for control of the UAS and its associated equipment shall be that of 

the manufacturer and in full compliance with all applicable Federal Communications Commission 

regulations and shall not be altered by the PIC or any other flight participant. 

Rodney Schmidt, the operational PIC is a single engine land private pilot with approximately 250 

hours of experience. Additionally, he has approximately 30 hours of experience on the DJI Phantom 2 
UAS. His assistant and safety observer, Michael Lancaster, has over 50 hours of experience on the DJI 

Phantom 2.

All flight operations will be conducted in accordance with the blanket Certificate of Waiver 

Authorization (COA) requirements for flights below 200 feet for an aircraft of less than 55 pounds, 

operation during daytime Visual Flight Rules (VFR) conditions, operate within visual line of sight (VLOS) 

of the pilots, and stay certain distances away from airports or heliports as follows: 

 5 nautical miles (nm) from an airport having an operational tower; or 

 3nm from an airport with a published instrument flight procedure, but not an operational 

tower; or 

 2nm from an airport without a published instrument flight procedure or an operational tower; 

or

 2nm from a heliport with a published instrument flight procedure

The blanket 200-foot COA allows flights anywhere in the country except restricted airspace and other 

areas, such as major cities, where the FAA prohibits UAS operations. The safety observer shall work 

with the PIC to ensure that VLOS is maintained during UAS operations. 

Proposed Federal Register Summary

The petitioner is seeking an exemption to operate an unmanned aircraft system (UAS) under the 

new FAA “Summary Grant” approach, announced on 9 April 2015 

http://www.faa.gov/news/updates/?newsld=82485 that will help streamline section 333 exemption 

approvals for many commercial UAS operators prior to finalizing the small UAS proposed rules. This 

request is based on the granting of exemptions for similar commercial applications.

Description of UAS

We will utilize a DJI Phantom 2 http://www.dji.com/product/phantom-2/spec. In the event of a 

loss of communications between the UAS and the PIC, the craft will rise up vertically to a safe height 

before beginning an automatic return to home function. The control signal may be reconnected in flight 

and the pilot can take over safe operations again if communication is reestablished. In the case of a 

GPS failure, the UAS may be manually flown to a safe landing by the pilot. The UAS utilizes electric 

propulsion and carries no flammable fuel, has an integrated GPS pilot system, provides location 

information including height AGL, speed, battery life, has programmed no-fly zones for controlled 

airports, and provides direction of travel distance from the pilot.

Additional Information

The assistant to the PIC and safety observer, Michael Lancaster, understands adherence to 

procedural compliance and the need to ensure public safety. Michael served as the Quality Assurance 

Officer of a nuclear submarine and was a qualified engineer and navigator of a nuclear powered attack 

submarine. Additionally he has run an oilfield service company responsible for the high pressure testing 

of drilling rig Blowout Preventers and associated safety systems. This same experience and attention to 

detail will serve as the basis for safe operation of the UAS in the public domain. 
Based on the size and construction of the UAS, the experience of the PIC and safety observer 

and the operational goals, this request is suited for approval in accordance with the guidelines 

established by Section 333 of the FAA Modernization reform Act of 2012 (including new interim 

policies). We respectfully request the granting of the section 333 exemption. 

V/R,

Michael Lancaster

Lancaster and Company

PO Box 1612 

Eureka, MT 59917

406-291-8622

lancam1@yahoo.com