Jason R. Bartlett

442 Highland View

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 of the 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 and tourism organizations. However, current regulations

prohibit the use of UAS aircraft for commercial use. As a result, I have had to turn down

opportunities to conduct operations pursuant to further my business. Permitting my business to 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 I believe I have an extensive understanding of the operation of conventional aircraft, classes and

special use airspace, as well as an extensive understanding of the FAA’s stance on safety being the

number one priority for every flight. I will apply that same safety culture to my operation of UASs.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and

14 CFR Part 11, Lofty Vision, operator of an Unmanned Aircraft System (UAS), hereby applies for an

exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its

UAS, so long as such operations are conducted within and under the conditions outlined herein or as

may be established by the FAA as required by Section 333.
Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors,

would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, public

events, cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

 Aerial inspection/photography of residential/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 of an 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 or belonging to both private

and/or public organizations that have interests in the use and application of a UAS for the

purpose of the safe operation of a UAS to enhance the safety of the National Airspace System

(NAS) as well as for the protection of the persons and property.

As described fully below, the requested exemption would permit the operation of a 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 industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish

requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Lofty Vision LLC

Attn: Jason R. Bartlett, Owner 

Ph: 612-205-9110

Email: loftyviz@gmail.com

Address: 442 Highland View 

 Houlton, WI 54082

Regulations from which 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 air the 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 and horizontal plane simultaneously. The DJI Phantom 3 has four motors with 

four counter rotating propellers, powered by 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 of sight within a closed off and

predetermined area owned and/operated by the property representative.

Lofty Vision will operate the Blade Chroma UAS, with a total weight of 2.87 lbs. The dimensions

are 15.7 inches x 15.7 inches x 9.5 inches. Under still air the maximum speed will not exceed more 

than 15 mph with a cruising speed of 15 mph. The Blade Chroma has the ability to hover and move

along a vertical and horizontal plane simultaneously. The Blade Chroma has four motors with four

counter rotating propellers powered by a 5400 mAh 11.1v Lithium Polymer battery. The Blade 

Chroma will be controlled with a remote controller with an operating frequency of 5.725GHz –

5.825GHz. The applicant will operate the UAS in line of sight within a closed off and predetermined

area owned and/operated by the property representative.

Lofty Vision will operate the Yuneec Electric Aviation Model Q500 Typhoon UAS, with a total

weight of 4.75 lbs. The dimensions are 16.54 inches x 6.54 inches x 9.45 inches. Under still air the

maximum speed will not exceed more than 15 mph with a cruising speed of 15 mph. The Yuneec

Q500 Typhoon has the ability to hover and move along a vertical and horizontal plane simultaneously. 

The Yuneec Q500 Typhoon has four motors powered 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 of sight within a closed off and

predetermined area owned and/operated by the property representative.

Lofty Vision will operate the DJI Inspire 1 UAS, with a total weight of 6.47 lbs. The dimensions

are 17.24 inches x 17.76 inches x 11.85 inches. Under still air the 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 and horizontal plane simultaneously. The DJI Inspire 1 has four motors with 

four counter rotating propellers powered by a 4500 mAh 22.2v Lithium Polymer battery. The DJI 

Inspire 1 will be controlled with a remote controller with an operating frequency of 5.725GHz –

5.825GHz. The applicant will operate the UAS in line of sight within a closed off and predetermined

area owned and/operated by the property representative.

Given the small size of the UASs outlined above and the controlled environment provided, the

proposed operations will adhere to the Reform Act’s safety requirements. The approval of this

application presents no national security issues. Regarding the level of safety surrounding the

proposed operations and the public benefit, reduction in environmental impacts, including but not

limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the 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 of safety. Because of

these limitations, the operations of UAS by Lofty Vision will further enhance the safety of the

persons and/or property from those 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 of no more than 50mph.

 A Visual Observer (VO) may be utilized when the Pilot in Command (PIC) deems necessary to

assist with the safe operation of the flight.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual

Observer (VO).

 Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 30 minutes of flight time, or 25% battery power reserve, whichever occurs first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL)

and not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the 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. If the 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 of the Sport Pilot Certificate, that person may be

designated PIC provided they have a minimum of 20 hours of flight time with the UAS.

 A briefing will be performed regarding the planned UAS operations prior to each day’s flight

consisting of all the days’ flying/filming activities.

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

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport

Reference Point (ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted

advising them of the estimated flight time, flight duration, elevation of flight and other

pertinent information. If requested by the airport manager or ATC facility, a Flight Service

Station will be contacted for appropriate filing of a Notice to Airmen (NOTAM) of authorized

UAS activities, location in relation to the closest published VHF Omnidirectional Range

(VOR), radial, distance, and altitude block of the UAS activity.
 The operator will attempt to obtain verbal/written consent of all 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 may be reduced to 20 feet based upon an equivalent level

of safety determination, with the exception of one person standing next to the PIC for

observation of photo/video performance, so long as the flight is not conducted over the PIC.

With the advanced permission of the FSDO, operations at closer range of additional persons

may be 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 city jurisdictions, including law enforcement, fire or other

appropriate governmental agencies.

 If the 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 of unpredicted 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 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 of the 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.

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 monitored by both the operator and under the requirements and in compliance

with local public safety requirements. These safety enhancements provide a greater degree of safety

to the public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS, due to its size,

speed of operation, location of operation, lack of explosive 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 of the 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 of an aircraft that is carrying passengers or property for compensation or hire.

Lofty Vision may achieve an equivalent level of safety as achieved by current regulations because the

applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the

operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14

CFR 61. The PIC of the UAS has satisfactorily completed a Private Pilot Written Exam, maintains 

current Private Pilot Certificate #3124808 along with a current Third Class or higher 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 of the 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 of the aircraft for

maintenance and use of safety check lists prior to each flight an equivalent level of safety 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 of this chapter, unless there is

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual

material, markings, and placards, 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 of safety will be maintained by 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 of flight. 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 limited to reviewing weather, flight battery requirements,

landing and takeoff distances and aircraft performance data before initiation of flight.

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 remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control

is accomplished through the use of a 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 of aircraft and for flight instruction in experimental aircraft. The equivalent

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft

and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil 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 from which filming is

planned, an exemption may be 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 or photograph 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 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. Because of the advance notice to the property owner and participants in the

filming activity, all affected individuals will be aware of the planned flight operations. Compared to

flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed

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

presently presented with conventional aircraft operating at or below 500 AGL. In addition, the

low-altitude operations of the UAS will ensure separation between these UAS operations and the

operations of conventional aircraft that must comply with 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 of the 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 may be needed. An equivalent level of safety 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 indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to

the first point of intended 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 battery powering the UAS provides approximately 25-30 minutes of powered 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 of its

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 of prior

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 of risks that Section 91.151(a) was intended to alleviate

given the size and speed of the 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 of safety can be achieved by limiting flights to 25 minutes or 25% of battery

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 in pertinent 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 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.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such,

there is no ability or place to carry certification and registration documents or to display them on the

UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control
point 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 of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,”

and others shall inspect or maintain 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 by the operator pursuant

to the flight manual and operating handbook. An equivalent level of safety 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 of time. If mechanical issues arise the UAS 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.

An equivalent level of safety 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 order prior to initiating flight and perform required

maintenance needed.

Additional Information

The applicant, Jason R. Bartlett, has been involved in the building and piloting of remote controlled

aircraft for over 15 years. Also the primary pilot, Jason R. Bartlett, has an in-depth understanding

of the 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 of criteria provided in Section 333

of the Reform Act of 2012 provide more than adequate justification for the grant of the requested

exemptions allowing the commercial operation of the applicant’s UAS platforms.

Sincerely, 

Jason R. Bartlett, Owner

Lofty Vision LLC