LoftyBot LLC

Attn: Christopher R. Shepler

3211 Forest Lane

Murrysville, PA 15668

Phone: (724) 516-0463

Email: CShepler@loftybotimaging.com

 

July 9, 2015

VIA ELECTRONIC SUBMISSION

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: LoftyBot LLC – Petition of Exemption Request to Operate Unmanned Aircraft 

Systems pursuant to Section 333 of the FMRA (as defined herein) and FARs (as 

defined herein) from: 14 CFR 21 sub-part 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); and 14 CFR 

91.417(a) and (b)

To whom it may concern:

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

and 14 CFR Part 11, LoftyBot LLC (the “Applicant”), the operator of an unmanned aircraft systems 

(“UAS”), hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) to allow the

commercial operation of a designated UAS (as further outlined below), provided such operations will 

be conducted under the conditions as stated herein or as may be subsequently established by the FAA.

The Applicant may provide professional services using the UAS in the following areas:

1. Aerial photography and/or video for public and/or private use, including but not limited to, 

public and private real estate, architecture, land surveying, engineering and other related 

professional activities;

2. Aerial video and/or photography for public and/or private use, including but not limited to, 

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television, public and private events and cinematography;

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

owners and/or local government authority;

4. Aerial inspection/photography of residential/commercial utility infrastructure, including but

not limited to, electrical power lines, wind turbines and cell towers;

5. Aerial video/photography or providing of live video feeds to assist with law enforcement and 

search and rescue operations in the event of emergencies or natural disasters (only when the 

local authorities or government have requested it by contract or donation);

6. Individual training to both private and/or public organizations to increase the awareness and 

improve the safety for current and future UAS operations; and

7. Aerial video/photography for public and/or private use, including but not limited to construction

sites, agriculture locations, railroad surveying, pipeline inspections and patrolling and/or 

wildlife and forestry monitoring/preservation.

The requested exemption would permit the operation of the designated UAS as described herein

under controlled conditions that would be (i) limited (ii) controlled (iii) predetermined and (iv) safe.

The approval of this exemption would increase public awareness of UAS operations and safety which

will assist the Secretary of Transportation (the FAA Administrator) in their responsibilities to

“....establish requirements for the safe operation of such aircraft systems in the national airspace

system.”

Name and address of the Applicant is:

LoftyBot LLC

Attn: Christopher R. Shepler

3211 Forest Lane

Murrysville, PA 15668

Phone: (724) 516-0463

Email: CShepler@loftybotimaging.com

Regulations from which the exemption is requested:

1. 14 CFR Part 21 sub-part H

2. 14 CFR 45.23 (b)

3. 14 CFR 61.113 (a) and (b)

4. 14 CFR 91.7 (a)

5. 14 CFR 91.9 (b) (2)

6. 14 CFR 91.103

7. 14 CFR 91.109

8. 14 CFR 91.119 (c)

9. 14 CFR 91.121

10. 14 CFR 91.151 (a)

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11. 14 CFR 91.203 (a) and (b)

12. 14 CFR 91.405 (a)

13. 14 CFR 91.407 (a)(1)

14. 14 CFR 91.409 (a)(2)

15. 14 CFR 91.417 (a) and (b)

LoftyBot LLC will operate one or more of the following UASs, DJI Phantom 3 and the product 

specifications of this UAS are detailed below1:

Aircraft:

• Diagonal size (including propellers) – 590mm 

• Weight (including battery and propellers) – 1280g 

• Maximum altitude above sea level – 6000 m

• Operating temperature – 0oC to 40oC

• GPS Mode – GPS/GLONASS

• Maximum ascent rate – 5 m/s

• Maximum descent rate – 3 m/s

• Hover accuracy –

◦ Vertical: +/-0.1 m (when vision positioning is active) or +/-0.5 m

◦ Horizontal: +/- 1.5 m

• Max speed – 16 m/s (ATTI mode, no wind)

Camera:

• Sensor – Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

• Lens – FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

• ISO range – 100-3200 (video) 100-1600 (photo)

• Shutter speed – 8s -1/8000s

• Image max size – 4000 x 3000

• Still photography modes – 

◦ Single shot

◦ Burst shooting 3/5/7 shots

◦ Auto exposure bracketing (AEB): 3/5

◦ Bracketed frames at 0.7EV bias

◦ Time-lapse

• Video recording modes –

◦ UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

◦ FHD: 1920x1080p 24/25/30/48/50/60

◦ HD: 1280x720p 24/25/30/48/50/60

• Supported SD Card Types – Micro SD (max capacity: 64 GB. Class 10 or UHS-1 rating 

required)

• Max bitrate of video storage – 60 Mbps

1 http://www.dji.com/product/phantom-3/spec

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• Supported file formats – 

◦ FAT32/exFAT

◦ Photo: JPEG, DNG

◦ Video: MP4, MOV (MPEG-4 AVC/H 264)

• Operating temperature – 0°C – 40°C

Gimbal:

• Controllable range – Pitch -90° to +30°

• Stabilization – 3 axis (pitch, roll, yaw)

Vision Positioning:

• Max velocity – less than 8 m/s (when 2 m above ground)

• Altitude range – 30 cm-300 cm

• Operating range – 30 cm-300 cm

• Operating Environment – Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller:

• Operating frequency –2.400 GHz-2.483 GHz

• Max distance – 2000m (outdoors and unobstructed)

• Video output port – USB

• Operating temperature – 0oC to 40oC

• Battery – 6000 mAh LiPo 2S

• Mobile device holder – for tablet or phone 

• Receiver sensitivity (1% PER) – -101 dBm ± 2 dBm

• Transmitter power (EIRP) –

◦ FCC: 20 dBm

◦ CE: 16 dBm

• Working voltage – 1.2A@7.4V 

Battery Charger:

• Voltage – 17.4V

• Rated Power – 100W

Intelligent Flight Battery:

• Capacity – 4480 mAh

• Voltage – 15.2V

• Battery type – LiPo 4S

• Energy – 68 Wh

• Net weight – 365 g

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• Max flight time – Approximately 23 minutes

• Operating temperature – -10oC to 40oC

• Max charging power – 100 W

App/Live View:

• Mobile App – DJI Pilot

• EIRP – 100mW

• Live view working frequency – 2.4GHz ISM

• Live view quality – 720P @ 30fps (depending on conditions and mobile device)

• Latency – 220 ms (depending on conditions and mobile device)

• Required operating systems – 

◦ iOS 8.0 or later

◦ Android 4.1.2 or later

• Recommended devices –

◦ iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iPad mini 2, 

iPad mini 2 Wi-Fi + Cellular, iPad Air 2, iPad Air 2 Wi-Fi + Cellular, iPad mini 3, and iPad 

mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus

◦ Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, 

Nubia Z7 mini

◦ *Support for additional Android devices available as testing and development continues

The Applicant requests that the FAA grant the requested exemption (i) given the

proposed operations of the UAS will adhere to the FMRA’s safety requirements, (ii) as the approval of 

this application presents no national security issues and (iii) the approval of the exemption is in the 

interest of the public (i.e. reduced emissions and noise). 

Aircraft and Safety

The applicant agrees to abide by the following safety requirements when conducting 

commercial operations of the UAS under the FAA issued exemption as set forth in the Flight 

Operations Manual (“FOM”) include:

1. The UAS will weigh significantly less than 55 lbs. 

2. The UAS, depending on the model in operation, will have a maximum operating speed of no 

more than 50mph.

3. Flights will be operated within line of sight of the pilot in command (“PIC”) and/or visual

observer (“VO”).

4. Maximum flight time for each operational flight will be depending on the UAS model in

operation not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 

minutes of flight time whichever occurs first.

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5. 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.

6. Minimum crew for each operation will consist of the UAS pilot and at least one VO, and may 

include a third, but separate, camera operator.

7. The UAS pilot will be a designated PIC . The PIC will have logged a minimum of 20 hours on 

the designated UAS.

8. A safety briefing will be performed prior to each day’s flights consisting of all the days’ 

production activities.

9. All flight activities will be logged.

10. All flights will occur under visual flight rules meteorological conditions only.

11. The flights will occur in Class G airspace no closer than a 5 mile radius of the geographic

center/airport reference point of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5 mile radius of the geographic center/airport.

13. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local flight standards district office (“FSDO”) no more than 72 

hours but no less than 48 hours from planned operation.

14. The PIC will obtain verbal/written consent of all persons involved with the planned operation 

and ensure that only consenting persons will be allowed within 100 feet of the flight operation, 

and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as U.S. Department of Transportation required under the FOM. With the 

advanced permission of the FSDO, operations at closer range may be approved.

15. 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.

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

17. 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

as appropriate to flight operations.

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS

will have the capability to return to a pre-determined location within a designated location and

land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an automated 

“Return Home and Land” function.

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20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies such as low battery.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a)(1) Subpart H,

entitled Airworthiness Certificates, lists the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a)(1). The FAA is authorized by the Act and Section 333 to 

exempt aircraft from the requirement of an airworthiness certificate upon review of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of a particular UAS. The 

Applicant’s UAS may be operated without an airworthiness certificate, in the restricted environment 

and under the conditions proposed in a manner as safe or safer than a conventional aircraft operating 

with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be 

operated by the Applicant (i) are less than 55 pounds fully loaded, (ii) carry neither pilot nor 

passengers; (iii) carry no explosive materials or flammable liquid fuels; and (iv) operate exclusively 

within a secured area. The operations under this exemption will be tightly controlled and monitored by

the PIC and in compliance with all local public safety requirements. Additionally, the FAA will have 

advance notice of all operations. The review of these criteria demonstrate there is no credible threat to 

national security posed by the UAS based on its size, speed and location of operation, lack of explosive

materials, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft, states “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 a cabin, cockpit or pilot station on which such wording can be 

placed. Additionally, given the size of the UAS, two-inch lettering will not possible. The word 

“experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of 

safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the 

pilot, observer and others working with the UAS will see the identification of the UAS as 

“experimental.” 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 

14 CFR 61.113 (a) and (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. The proposed 

UAS operations may achieve an equivalent level of safety as required by current regulations because 

the Applicant’s UAS do not carry any pilots or passengers nor property. Furthermore, the risks of 

operation of the UAS are much less than those risk levels inherent in the commercial activities outlined

in 14 CFR §61. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness, states that “no person may operate a civil aircraft 

unless it is in airworthy condition.” As there will be no airworthiness certificate issued for the UAS 

should this exemption be granted, no standard will exist for determining airworthiness. The Applicant 

will keep all UAS maintenance and safety information at the pre-determined ground station, where it 

will be readily accessible to the PIC and VO. Based on the documents available at the ground station, 

the PIC will be able to make a determination as to the airworthiness of the UAS. 

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14 C.F.R. § 91.9 (b)(2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b)(2), prohibits the 

operation of U.S.-registered civil aircraft 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. Based on the FAA’s Memorandum dated August 8, 2014, the Applicant does not 

believe exemption from 91.9(b) or 91.203(a) and (b) are necessary. However, to the extent the FAA 

deems an exemption from these sections necessary for the Applicant’s proposed operations, such 

exemptions should be granted. The Applicant’s UAS are too small to safely carry the required manuals 

and placards. Additionally, the manuals and other required information are more useful to the PIC at 

ground control. 

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, provides that no person may operate a civil aircraft (with the 

exception of 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 a remote control 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 is ensured by the fact that neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the UAS.

14 C.F.R. §91.119: Minimum Safe Altitudes, states that, “[e]xcept when necessary for takeoff or 

landing, no person may operate an aircraft below the following altitudes: . . . (c) Over other than 

congested areas. An altitude of 500 feet above the surface, except over open water or sparsely 

populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure.” Due the nature of the Applicant’s UAS filming and photographing 

activities, the Applicant requests relief from 91.119(c) with respect to participating persons, vehicles, 

and structures directly involved in the Applicant’s operations. Each UAS manual sets forth safety 

factors that will be used to ensure safe operation when in proximity to consenting participants. The 

Applicant will ensure that no UAS are operating within 500 feet of non-participating persons. 

14 CFR §91.121 Altimeter Settings, states that each person operating an aircraft shall 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.” The UAS is not enabled with such a typical 

barometric altimeter, but rather the PIC is provided such information through a telemetric data feed 

from the UAS to a display held by the PIC on the ground. Before each flight, the PIC will confirm a 

zero altitude initiation point. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions states, in pertinent part, that 

“(a) No person may begin 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, 

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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, (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 

minutes.” §91.151 provides for a safety reserve of fuel so that aircraft may timely land when fuel is 

running low. The Applicant will operate the UAS until the earlier of a maximum of thirty (30) minutes 

or when 25% of battery remains. All UAS are additionally equipped with a low battery fail safe that 

allow the UAS to safely land when little battery remains. Moreover, the UAS are not propelled by fuel 

and will operate only within the safety constraints of the UAS battery life. 

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 well under the 

proposed 55 pounds limit and is operated without an on-board 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 PIC 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) and (b): Maintenance Inspections. These 

regulations require that the PIC or owner “shall have that aircraft inspected as prescribed in sub-part 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 sections 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 PIC pursuant to the flight manual and operating handbook. The equivalent 

level of safety will be achieved as the UAS (i) is very limited in size, (ii) will carry a small load and 

(iii) operate only in restricted areas for a limited period of time. If any mechanical issues arise the UAS 

can land immediately and will be operating from no higher than 400 feet AGL. The PIC will ensure 

that the UAS is in working order prior to initiating any flight, perform required maintenance, and keep 

a log of all maintenance performed. Furthermore, the PIC will be most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition. 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 PIC will ensure that the UAS is in working 

order prior to initiating any flight and perform any required maintenance.

Conclusion

As demonstrated within this Petition for Exemption, the Applicant has outlined that it will abide

by sufficient safeguards in relation to the operation of the UAS including but not limited to those 

relating to weight, speed, operating capabilities, proximity to airports and populated areas. 

Furthermore, the operations of the UAS by the Applicant will benefit the public (i) through its search 

and rescue operations and (ii) by limiting the human exposure to manned aircrafts. The Applicant 

respectfully requests that the forgoing Petition for Exemption be granted to allow the Applicant to 

perform the commercial operations outlined herein. If you have any questions or require any additional

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information to process this Petition for Exemption, please do not hesitate to reach out directly to the 

undersigned.

Sincerely,

Christopher R. Shepler

LoftyBot LLC

3211 Forest Lane

Murrysville, PA 15668

Phone: (724) 516-0463

Email: CShepler@loftybotimaging.com

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