Jason R. Bartlett

442 HighlandView Houlton, WI 54082 U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

-140 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 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) 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)

Dear Sir or Madam:

I recently started a business, Lofty Vision LLC, to provide aerial photography and video as a service to private entities, local businesses andtourism organizations. However, current regulations prohibit the use ofUAS aircraft for commercial use. As a result, I havehad to turn down opportunities to conduct operations pursuant to further mybusiness. Permitting my businessto use a UAS as a platform for commercial purposes would allow me to conduct my enterprise while enhancing service to my community and local businesses. I’ve been involved in model aviation for over 15 years, in accordance with Advisory Circular 91

-57. I’ve also been involved in conventional airplane flight since 2005. I’ve earned a Private Pilot Certificate (#3124808) for Single Engine Land and Ibelieve I have an extensive understanding ofthe operation ofconventional aircraft, classes and special use airspace, as well as an extensive understanding ofthe FAA’s stance on safety being the number one priority for every flight. I will apply that same safety culture to my operation ofUASs. Pursuant to Section 333 ofthe FAA Modernization and ReformAct of2012 (the “ReformAct”) and 14 CFR Part 11, Lofty Vision, operator ofan Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation ofits UAS, so long as such operations are conducted within and under the conditions outlined herein or as maybe established by the FAA as requiredby Section 333.Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors,

would operate in the following manner:

 Aerial photography and/or video forpublic and/orprivate use including real estate, architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography forpublic and/orprivate use including television, public events, cinematography and news gathering.

 Aerial inspection/photography ofresidential/commercial structures under contract with the owners or local government authority.

 Aerial inspection/photography ofresidential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed to assist with search and rescue operations in cases ofan emergency or natural disaster only when the local authorities or government has requested it by contract or donation.

 The eventual ability to offer training to persons individually orbelonging to both private and/or public organizations that have interests in the use and application ofa UAS for the purpose ofthe safe operation ofa UAS to enhance the safety ofthe National Airspace System (NAS) as well as for the protection ofthe persons and property. As described fullybelow, the requested exemption would permit the operation ofa 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 operations in the industrypresently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation ofsuch aircraft systems in the national airspace system.” The name and address ofthe applicant is: Lofty Vision LLC Attn: Jason R. Bartlett, Owner Ph: 612

-205

-9110 Email: loftyviz@gmail.com Address: 442 HighlandView

Houlton, WI 54082 Regulations fromwhich the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 91.109 14 CFR 91.407 (a) (1) 14 CFR 45.23 (b) 14 CFR 91.119 (c) 14 CFR 91.409 (a) (2) 14 CFR 61.113 (a) & (b) 14 CFR 91.121 14 CFR 91.417 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.151 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.203 (a) & (b) 14 CFR 91.103 14 CFR 91.405 (a)Lofty Vision will operate the **DJI Phantom 3** UAS, with a total weight of 2.82 lbs. The dimensions

are 23.23 inches x 23.23 inches x 9.45 inches.Under still airthe maximum speed will not exceed more than 15 mph with a cruising speed of 15 mph. The DJI Phantom 3 has the ability to hover and move along a vertical andhorizontal plane simultaneously. The DJI Phantom 3 has four motors with four counter rotating propellers, poweredby a 4480 mAh 15.2v Lithium Polymer battery. The DJI Phantom 3 will be controlled with a remote controller with an operating frequency of 2.4GHz

– 2.483GHz. The applicant will operate the UAS in line ofsight within a closed offand predetermined area owned and/operated bythe property representative. Lofty Vision will operate the **Blade Chroma** UAS, with a total weight of2.87 lbs. The dimensions are 15.7 inches x 15.7 inches x 9.5 inches

.Under still airthe maximum speed will not exceedmore than 15 mph with a cruising speed of 15 mph. The Blade Chroma has the abilityto hover and move along a vertical and horizontal plane simultaneously. The Blade Chroma has four motors with four counter rotating propellerspoweredby a 5400 mAh 11.1v Lithium Polymer battery. The Blade Chroma will be controlled with a remote controller with an operating frequency of5.725GHz

– 5.825GHz. The applicant will operate the UAS in line ofsight within a closed offandpredetermined area owned and/operatedby the property representative. Lofty Vision will operate the **Yuneec Electric**  **Aviation Model**  **Q500 Typhoon**  UAS, with a total weight of4.75 lbs. The dimensions are 16.54 inches x 6.54 inches x 9.45 inches.Under still airthe maximum speed will not exceedmore than 15 mph with a cruising speed of 15 mph. The Yuneec Q500 Typhoon has the abilityto hover and move along a vertical andhorizontal plane simultaneously. The Yuneec Q500 Typhoon has four motorspowered by a 5400 mAh 11.1v Lithium Polymer battery. The Yuneec Q500 Typhoon will be controlled with a remote controller with an operating frequency of 2.400GHz

– 2.483GHz. The applicant will operate the UAS in line ofsight within a closed offand predetermined area owned and/operated bythe property representative. Lofty Vision will operate the **DJI Inspire 1** UAS, with a total weight of6.47 lbs. The dimensions are 17.24 inches x 17.76 inches x 11.85 inches

.Under still airthe maximum speed will not exceed more than 15 mph with a cruising speed of 15 mph. The DJI Inspire 1 has the ability to hover and move along a vertical andhorizontal plane simultaneously. The DJI Inspire 1 has four motors with four counter rotating propellerspoweredby a 4500 mAh 22.2v Lithium Polymer battery. The DJI Inspire 1 will be controlled with a remote controller with an operating frequency of5.725GHz

– 5.825GHz. The applicant will operate the UAS in line ofsight within a closed offandpredetermined area owned and/operatedby the property representative. Given the small size ofthe UASs outlined above and the controlled environment provided, the proposed operations will adhere to the ReformAct’s safetyrequirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limitedto reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordinglythe applicant requests that the FAA grant the requested exemption with minimum delay.**AIRCRAFT AND**  **EQUIVALENT LEVEL**  **OF SAFETY** 

The operation limitations proposed below are for an equivalent or higher level ofsafety. Because of these limitations, the operations of UAS by Lofty Vision will further enhance the safety ofthe persons and/orproperty fromthose flying conventional manned aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations of UAS under the FAA issued exemption include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed ofno more than 50mph.

 A Visual Observer (VO) maybe utilized when the Pilot in Command (PIC) deems necessary to assist with the safe operation ofthe flight.

 Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO).

 Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 30 minutes offlight time, or 25% battery powerreserve, whichever occurs first.

 Flights will be operated at an altitude ofno more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform fromwhich filming is planned.

 Minimum crew for each operation will consist ofthe UAS Pilot, and may include a Visual Observer (VO).

 The UAS pilot will be a designated Pilot in Command (PIC) and at least hold a satisfactory Sport Pilot’s written exam along with a meeting and complying with the medical requirements for a Sport Pilot’s Certificate. Ifthe PIC feels another operator to be qualified with the necessary skills to be PIC & possess the satisfactory Sport Pilot written exam, able to meet and comply with medical requirements ofthe Sport Pilot Certificate, that person may be designated PIC provided they have a minimum of20 hours offlight time with the UAS.

 A briefing will be performed regarding the plannedUAS operations priorto each day’s flight consisting ofall the days’ flying/filming activities.

 All flights will occur under DayVisual Meteorological Conditions (DVMC) only.

 The flights will occur no closer than a 5 mile radius ofthe geographic center/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport.

 Ifoperations will be within a 5 mile radius ofthe geographic center/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport the respective airports will be contacted advising them ofthe estimated flight time, flight duration, elevation offlight and other pertinent information. Ifrequestedby the airport manager or ATC facility, a Flight Service Station will be contacted for appropriate filing ofaNotice to Airmen (NOTAM) of authorized UAS activities, location in relation to the closest published VHF Omnidirectional Range (VOR), radial, distance, and altitude block ofthe UAS activity. The operator will attempt to obtain verbal/written consent ofall persons involved with the

planned operation and ensure that only consenting persons will be allowed within 50 feet of the flight operation, and the radius maybe reduced to 20 feet based upon an equivalent level ofsafety determination, with the exception ofone person standing next to the PIC for observation ofphoto/video performance, so long as the flight is not conducted over the PIC. With the advancedpermission ofthe FSDO, operations at closer range ofadditional persons maybe approved.

 The PIC and VO will have been trained in operation of UAS and receive up

-to
-date information for the particular UAS to be operated.

 The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

 When necessary, written and/or verbal permission and permits will be obtained from territorial, state, county or cityjurisdictions, including law enforcement, fire or other appropriate governmental agencies.

 Ifthe UAS loses communications with the remote controller, the UAS will have the capability to return to a pre-determined location within a designated location and land autonomously.

 The PIC will abort a flight in case ofunpredicted obstacles, weather, or emergencies.

**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 procedural requirements for the issuance ofairworthiness certificates as requiredby 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 ofan equivalent level ofsafetyunder Part 11 and Section 333 of the ReformAct. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe ReformAct both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese 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. The UAS to be operated hereunder 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 exemption will be tightly controlled and monitoredby both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafety to the public andproperty owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national securityposed bythe UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability 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 category 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 than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size ofthe UAS, two
-inch lettering will be impossible

.
**14 C.F.R.**  **§ 61.113**  **(a) and**  **(b): Private**  **Pilot Privileges**  **and Limitations:**  **Pilot in**  **Command.** Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers orproperty for compensation or hire. Lofty Vision may achieve an equivalent level ofsafety as achievedby current regulations because the applicant’s UAS do not carry any pilots orpassengers nor property. The risks attendant to the operation ofUAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC ofthe UAS has satisfactorily completed aPrivate Pilot Written Exam, maintains current Private Pilot Certificate #3124808 along with a current Third Class orhigher Medical exceeding the current safety levels in relation to 14 CFR 61.113 (a) & (b). I feel the operation and limitations set forth in the FOM will equate to the safe operation ofthe UAS. **14 C.F.R.**  **§91.7(a): Civil**  **Aircraft Airworthiness.**  The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety check lists prior to each flight an equivalent level ofsafety will be provided. **14 C.F.R.**  **§ 91.9**  **(b) (2):**  **Civil Aircraft**  **Flight Manual**  **in 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 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, andplacards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the 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 ofsafety will be maintainedby keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it.**14 C.F.R.**  **§ 91.103:**  **Preflight Action.** 

This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limitedto reviewing weather, flight battery requirements, landing andtakeoffdistances and aircraft performance data before initiation offlight. **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 has fully functioning dual controls. UAS and remotelypiloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafetyprovided by the fact that neither apilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. **14 C.F.R.**  **§91.119: Minimum**  **Safe Altitudes.**  Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a 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 fromwhich filming is planned, an exemption maybe needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey orphotograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. At times,however, it will be operated on private property. Buildings and people will not be exposed to operations without their pre-obtained (written or oral) consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft orrotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presentlypresented with conventional aircraft operating at or below 500 AGL. In addition, the low

-altitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraft that must complywith 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 ofthe departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption maybe needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicatorbefore flight. **14 C.F.R.**  **§ 91.151(a):**  **Fuel Requirements**  **for Flight**  **in VFR**  **Conditions** Section 91.151 (a) prohibits an individual frombeginning “a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed

– (1) During 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 batterypowering the UAS provides approximately 25

-30 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location ofits 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 ofprior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 25 minutes or 25% ofbattery power

— whichever happens first. This restriction would be more than adequate to return the 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 Certification**  **and Registration**  The regulation provides inpertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate.

. . . (b) No person may operate a civil aircraft unless the airworthiness certificate required byparagraph (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. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents or to display them on the UAS. An equivalent level ofsafety will be achievedby keeping these documents at the ground controlpoint where the pilot flying the UAS will have immediate access to them, to the extent they are

applicable to the UAS. **14 C.F.R.**  **§91.405 (a);**  **407 (a)**  **(1); 409**  **(a) (2);**  **417(a) &**  **(b): Maintenance**  **Inspections.** These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter...,” and others shall inspect ormaintain the aircraft in compliance with Part 43. 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 bythe operator pursuant to the flight manual and operating handbook. An equivalent level ofsafety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. Ifmechanical issues arise the UAS can land immediately and will be operating fromno higher than 400 feet AGL. The operator will ensure that the UAS is in working orderprior to initiating flight, performrequired maintenance, and keep a log ofany 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 ofsaf ety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working orderprior to initiating flight and performrequired maintenance needed.

**Additional Information**  The applicant, Jason R. Bartlett, has been involved in the building andpiloting ofremote controlled aircraft for over 15 years. Also the primary pilot, Jason R. Bartlett, has an in

-depth understanding ofthe capabilities and safety concerns involved in using this technology as an asset to the community. In addition, Jason R. Bartlett holds a Private Pilot Certificate #3124808 for Single Engine Land, as well as holds a third class medical. Satisfaction ofcriteria provided in Section 333 ofthe ReformAct of2012 provide more than adequatejustification for the grant ofthe requested exemptions allowing the commercial operation ofthe applicant’s UAS platforms

. Sincerely, Jason R. Bartlett, Owner Lofty VisionLLC