Top Flight Studios LLC

52 Tweed Street

Cranston, RI 02920

November 8, 2015

Federal Aviation Administration

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), Top 

Flight Studios LLC (the “Company”) and owner Charles K. Lambert II hereby apply for an

exemption from various provisions of the Federal Aviation Regulations (“FARs”), as set forth on 

Appendix A hereto, to allow for commercial operations of small unmanned aerial systems for the

primary purpose of aerial photography and video.

About the Company

The services offered by the Company will include safe, low altitude, and cost effective aerial 

imaging. The Company intends to offer its services for compensation to customers in a variety of 

industries, including home real estate, commercial real estate, marketing, entertainment, land 

development, construction, property inspections, and weddings and other special events. 

About the UAS

The Company will operate a DJI Phantom 3, a small unmanned aerial system (“sUAS”) equipped 

with advanced flight control systems, high definition camera and gimbal, and advanced safety

features. The sUAS will be operated by an experienced pilot in command (“PIC”) and visual

operator (“VO”), in turn offering safe and valuable services to the Company’s clients.

The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a 

maximum gross weight of approximately 1280 gram, while having a length of 16 inches, width of 

16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 

is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 3 that will be operated by Top Flight Studios LLC, will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking.

Safety Measures

The safe operation of the sUAS will be the first priority before, during and after each of the 
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

Company’s projects. The Company will implement the following measures to help ensure safe 

operation:

1. All sUAS operations will be conducted at Visual Line Of Sight (“VLOS”) at no more than

200 feet AGL.

2. No sUAS operations will be conducted within 5 NM of an airport and will be in FAA class G 

airspace.

3. No sUAS operations will occur directly over densely populated areas, un-approved 

government buildings, power lines, or major roads.

4. All sUAS operations will take place during daylight hours under conditions equivalent to

Visual Flight Rules (“VFR”) with the sUAS no more than 1000 feet from the PIC.

5. All sUAS operations will have a PIC and VO present and all operations will be within VLOS

of both the PIC and VO. 

6. PIC and VO will be able to verbally communicate at all times.

7. The UAS will yield to all manned aircraft at all times.

8. All required permits and permissions will be obtained from local and state government

should they be required.

9. A pre-flight inspection by the PIC will be performed prior to each flight to assure that the

UAS is safe for flight. A post-flight inspection will also be performed as an added level of

safety.

10. Full aircraft inspections will be completed in accordance with manufacturers’ instructions.

11. At no time shall the UAS be operated with missing or manufacturer unapproved parts, or in

any condition that could pose a hazard to any other aircraft or structure or person on the 

ground.

12. The sUAS will not be operated at a battery level below 20%.

13. Prior to all UAS operations a pre-flight meeting will be held by the PIC to determine the 

parameters of flight in a given location, any hazards present, weather conditions, safety 

procedures at the specific location and approximate duration and route of flight.

14. The PIC will have a minimum of 10 hours flying time and operated at least 50 individual

flights of similar sUAS multirotor aircrafts.
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

I respectfully request the FAA to grant an exemption to the Company for commercial UAS aerial 

photography operations under the Reform Act of 2012.

If any of procedures, policies, or content of this request do not meet the requirements of an 

exemption, it is the Company’s intention to adjust its policies in accordance to the FAA’s 

requirements outlined in the granted exemption.

Sincerely,

Charles K. Lambert II 

President
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

APPENDIX A

Exemption Requests And Equivalent Level Of Safety

The Company requests an exemption from the following regulations as well as any additional 

regulations that apply to the operation of DJI Phantom 3 or similar sUAS’s for the purpose of 

aerial photography and video.

1. 14 C.F.R. 61.113(a) and (b)

The Company will use specially trained staff to conduct the sUAS operations. To the extent 

any staff member does not hold a commercial pilot license, such staff member will have at 

least 10 hours of flying time, have conducted at least 50 individual flights and have read

sUAS manufacturers’ manuals and operating procedures. In addition, each PIC and VO will

be required to sign a document confirming the understanding of the Company’s operating and

safety policies and the granted Section 333 exemption. The sUAS will not carry property for

compensation or hire since they will be used solely to provide our clients with aerial imaging.

Without an exemption, the pilot would be required to hold a commercial pilot certificate

under §61.133. However, the risk associated with the contemplated operations is less than

the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the

permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a

geographical envelope under the sole control of the Company’s clients. Requiring a

commercial pilot certificate would provide no appreciable safety benefit and would 

needlessly impose additional cost on the Company. 

Because the contemplated operations would not comply with §61.113(b)(1) and none of the

other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

2. 14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate.

While the FAA continues to work to develop airworthiness standards for UAS, we request an 

experimental certificate be issued for the UAS operated by the applicant under either or both 

of the provisions set forth below. Pursuant to 14 CFR 21.191, experimental certificates are

issued for the following purposes:

• Research and development. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new uses

for aircraft.

• Showing compliance with regulations. Conducting flight tests and other operations to

show compliance with the airworthiness regulations including flights to show

compliance for issuance of type and supplemental type certificates, flights to

substantiate major design changes, and flights to show compliance with the function

and reliability requirements of the regulations.
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

Since the experimental certificate can be used for commercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property and will only fly under strict operational

requirements. As the Company’s sUAS also carries no combustible fuel, weighs less than 6.5

pounds and is constructed primarily of plastics and composites, we propose the UAS is at

least as safe, if not significantly safer than conventionally certified aircraft used within

similar parameters.

If an experimental airworthiness certificate is not appropriate for this application, then we 

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

3. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required

The regulation provides that an airworthiness certificate, with the registration number

assigned to the aircraft and a registration certificate, must be aboard the aircraft.

Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at the

cabin or cockpit entrance so that it is legible to passengers or crew.”

As the sUAS is too small to carry documentation, does not have an entrance and does not

carry a crew, we propose the following in order to meet the intent of 91.203 and provide an 

equivalent level of safety. All documents deemed appropriate by the FAA for this aircraft

will be located at the operational ground station for each flight in proximity to the PIC and

VO and will be available for inspection on request. In order to identify the aircraft, we

propose to use the manufacturer’s model and production codes located on the aircraft as well

as a Company logo affixed to the aircraft as well.

4. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. The intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft.

The Company requests an exemption to this requirement as the UAS cannot, given its size, 

carry the flight manual. To meet an equivalent level of safety, we propose to have the current 

manufacturer’s flight manual and the Company’s flight manual at the operational ground

station of each flight, available to both the PIC and VO.

5. 14 CFR 91.119 Minimum safe altitudes: General

The regulation provides that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, system, or structure. Since the UAS will be 

operating at a maximum 200 feet AGL, we cannot comply with this requirement and thus ask

for an exemption. In order to provide an equivalent level of safety, we propose the following:

• The UAS will only be operated within VLOS of the PIC and VO at a maximum range
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

of 1000 feet from the ground station.

• A preflight safety risk assessment will be completed prior to each flight to ensure the 

UAS is in a condition for safe flight and that the planned operation can be completed 

safely. The Company’s Flight Manual and Pre-Flight Checklist are attached hereto 

as Appendix B and Appendix C, respectively.

• The UAS will not be operated within 5 NM of any airport and will only be operated 

with the consent of property manager and/or owner.

6. 14 CFR 91.121 Altimeter settings

The regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft.

The UAV will always be flying below 200 feet AGL within VLOS of the PIC and VO that

will provide separation from terrain, structures and other aircraft. Also, the UAS will

continually transmit an AGL reading back to the controller at the ground station and the AGL

lock in the UAS’s software will be set to 400 feet, providing an equivalent level of safety.

7. 14 CFR 91.151 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.

The UAS is smart battery powered and continually transmits battery charge information back

to the ground station to be evaluated by the PIC who will return the UAS back to the ground 

station prior to the battery showing 20% remaining capacity. We feel that this combined with 

the fact that the UAS will have a maximum range of 1000 feet from the ground station

provides an equivalent level of safety.

8. 14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) &

(b) Maintenance, Preventive Maintenance, and Alterations

We propose that the PIC perform maintenance and inspection and “be authorized to approve 

the aircraft for return to service.” As provided for in Appendix B, the PIC will inspect the

aircraft prior to every flight to ensure it is in airworthy condition. A maintenance check will 

also be performed at intervals instructed by the manufacturer, DJI. Any general maintenance

and repair or replacement of components will be completed by the PIC following the

manufacturer’s recommendations and documented in accordance with Section 91.417. In any

case where the UAS cannot be returned to service by the PIC, or is suspected to be unsafe,

the UAS will not be operated until returned to all manufacturer specifications. We feel that

due to the simplicity, size, robustness and construction of the aircraft, the PIC can assure an 

equivalent level of safety.

9. 8900.227 Paragraph 16(cXa) PIG Medical. and Paragraph 16(eX1) Observer Medical

This policy provides that both the PIC and observer must have a valid FAA second-class
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

medical certificate issued under part 67 in order to perform as a pilot or observer. We feel 

that requiring the PIC and VO to meet the same medical requirements as a commercial pilot

carrying passengers in a large aircraft is an unnecessary burden.

Since the UAV is of small size, unmanned, has an auto return home feature, will be operating

at low altitudes, will not operate over a densely populated area, and required to be in VLOS

of the IC and VO at all times, we feel both the PIC and VO requiring vision corrected to

20/20 and a valid state issued driver’s license supports medical requirements.
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

APPENDIX B

Flight Parameters and Restrictions

1. All flights will occur in FAA Class G airspace at no more than 200 feet AGL and no

further than 1000 feet from the PIC.

2. The sUAS will not be flown faster than 40mph or as limited by FAA regulations.

3. All operations will utilize a PIC and VO with the PIC and VO able to communicate

verbally at all times.

4. All operations will occur only during daylight hours and in weather conditions equivalent

to VFR.

5. All operations will occur at VLOS from the PIC and VO.

6. The PIC and VO will have a pre-flight meeting at the site of the operation just prior to the

flight to assess weather, area of operation, topography, flight time, route, hazard

mitigation and overall operational and safety parameters. Also during this meeting, the

pre-flight aircraft checklist (see Appendix C) will be implemented.

7. PIC is responsible for maintaining an established safe emergency landing plan if at any

time during the operation conditions become unfavorable due to unforeseen hazards,

safety concerns, or weather.

8. All operations will be reviewed prior to flight and conducted with the full permission of 

the property owner or manger.

9. Flight planning will include the termination of the flight with 20% battery remaining, as 

determined by the data link between the UAS and ground station.

10. The UAV will at all times give way to manned aircraft.

11. Prior to every flight, a highly visible launch banner will be placed at the site of the ground

station to allow an outside observer to determine the location of the UAS’s origin and

command point.

12. All permits required by state and local governments will be obtained prior to any

operations.

13. No flight operations will occur without a successful pre-flight inspection by the PIC 

before each flight to determine that the UAS is in a condition for safe flight.
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

14. At the conclusion of each flight a post-flight inspection will be done to assess the

condition of the UAS.

15. A full aircraft check will be performed in accordance with manufactures instructions.

16. Replacement of parts shall only be done according to manufacturer’s instructions.

17. All flight operations will be logged in a flight logbook.

18. All maintenance done and inspections performed will be lodged in a maintenance log.

19. Check for software updates weekly and upload to UAS as needed to continually keep the 

UAS software as current as possible.
Top Flight Studios LLC FAA 333 Exemption Request November 8, 2015

APPENDIX C

Pre-Flight Checklist

1. Ensure the area identified for flight is considered FAA Class G airspace, winds 

conditions are less than 15 mph, and weather conditions are favorable.

2. Identify all potential obstructions and safety hazards in or near the area planned for flight. 

3. Inspect all propellers for proper tightness and that they are free of cracks, dings,

chips and excessive wear.

4. Inspect all wiring and motors.

5. Inspect the airframe for cracks or damage.

6. Inspect battery voltage of UAS on-board battery and Remote Controller/Transmitter 

battery to ensure there is sufficient energy in both systems for safe flight.

7. Turn off wifi wireless on all devices located the person or within 10 feet of the PIC and

VO.

8. Recalibrate compass according to manufacturer’s instructions.

9. Always turn on Remote Controller/Transmitter before turning on UAS battery.

10. Ensure that a link between Remote Controller/Transmitter and UAS is established and

that GPS link is established.

11. Engage throttle, lift aircraft off the ground and verify the aircraft responds properly to

all inputs and hovers accurately.