US Department of Transportation

February 20, 2015
Trevor A. Kirk 211 Flamingo Road Sandpoint , ID, 83864

U.S. Department of Transportation Docket Management System 1200 New

Jersey Ave., 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 CF R 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: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Trevor A. Kirk , DBA “A Lofty Height,” operator of Unmanned Aircraft System s (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of designate d UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Thank you in advance for your consideration.
Commercial operation of an UAS, as described herein , which are equipped with camera(s) and sensors, w ould provide professional services in the follo wing areas : 1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical pow er lines, wind turbines and cell towers. 5. Aerial video/photography or providing live video feed to assis t 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.

### 2 US Department of Transportation

February 20, 2015
6. Training to persons individually or belonging to both private and/or public organizatio ns to increase
aw areness and improve safety for current and future UAS operations within the NAS.
As described fully below , the requested exemption would permit the operation of designated UAS as set forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe

. Approval of this exemption w ould increase public awareness of UAS operations and enhance safety to aid in fulfill ing the Secretary of Transportation’s (the FAA Ad ministrator’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:

Trevor A. Kirk , DBA “A Lofty Height” Ph: 208

- 255

- 5469 Em ail: trevor .a.kirk @ gmail.com Address: 211 Flamingo Road, Sandpoint, ID 83864
Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 9 1.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)
Trevor A. Kirk, DBA “A Lofty Height,” will operate one or more of the following model UAS: 1. DJI Inspire 1, Model T600, with a total weight of 2935g or 6.47lbs. The dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.75inch x 11.85inch. Under still air the maximum speed is no more than 22m/s or 49m ph with a cruising speed of 11m/s or 25mph. The DJI Inspir e 1 has the ability to hover and move alongUS Department of Transportation

February 20, 2015 a vertical and horizontal plane simultaneously. The DJI Inspire 1 has four mo tors, Motor Model DJI 3510, pow ered by a 6

- cell 4500mAh or 5700mAh Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI In spire 1 will be controlled with the DSLRPros Futaba 8FG 14

- Channel
rem ote controller with an operating frequency of 2.400GHz

– 2.483GHz and a 7” First Person View (FPV) Field Monitor with sun shade . The live video feed will have an operating f requency of 5.728GHz

– 5.850GH. 2. DJI Phantom 2 , with a total weight of 1000g , or 2.205 lbs. including battery and propellers. The diagonal length is 350mm. Under still air, the maximum speed is 15 m/s, or 33.55 mph. The DJI Ph antom 2 is po we red by a 5200 mAh , 1 1.1V LiPo battery powering four E300 model motors

. The DJI Phantom 2 will be controlled with the DSLRPros Futaba 8FG 14

- Channel rem ote controller with an operating frequency of 2.400GHz

– 2.483GHz and a 7” First Person View (FPV) Fie ld Monitor with sun shade . The live video feed will have an operating frequency of 5.728GHz

– 5.850GHz. 3. DJI S900 , with a total weight of 4.2Kg, or 9.26 lbs. The diagonal wheelbase is 900mm. Under still air, the maximum speed is 16 m/s, or 35.79 mph. The DJI S900 is pow ered by a 10,000

– 15,000 mAh LiPo battery powering six electric motors. The DJI S900 will be controlled with the DSLRPros Futaba 8FG 14

- Channel rem ote controller with an operating frequency of 2.400GHz

– 2.483GHz and a 7” First Person View (FPV) Field Monitor with sun shade . The live video feed will have an operating frequency of 5.728GHz

– 5.850GHz.

Given the small size of the UAS in scope and the controlled environment provided , the proposed operations will adh ere 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 graciously requests that the FAA grant the requested exemption

.

AI RCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation l imitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations 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 50m ph. 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

### 4 US Department of Transportation

February 20, 2015
4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 mi nutes. Flights will be terminated at 25% battery pow er reserve or 30 minutes of flight time whichever occurs first. 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not mo re than 200 feet above an elevated platf orm from which filming is planned. 6. Minimum crew for each operation will consist of the UAS Pil ot and at least one Visual Observer (VO) , and may include a third, but separate , Camera Operator (CO)

. 7. The UAS pilot will be a designated Pilot in Command (PIC) and either hold a Private Pilot Certificate with a Third Class Med ical Certificate and at least 20 hours of logged UAS flight time, or be a separate but equivalently UAS

- trained operator under the direct supervision of a Private Pilot. The PIC and the VO, as well as the CO if assigned, will have completed the two

- hour safety and flight awareness video training provided by DSLRPros for the UAS in operation. 8. A safety briefing will be performed prior to each day’s flight s 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 (VMC) only. 11. The flight s will occur in Class G a irspace no closer than a 5

- mile radius of the geographic center/Airport Reference P oint (ARP) of a tower controlled or uncontrolled airport. 12. I f operations will be within a 5

- mi le radius of the geographic center/Airport Reference Point (ARP) of a tow er 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. 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 operator will obtain verbal/w ritten consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed withi n 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 b e 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.US Department of Transportation

February 20, 2015
19. 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, establishes the procedural requirements for the issuance of airw orthiness certificates as r equired 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 3 33 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 airw orthiness certificate, upon consideration of the size, w eight, 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 witho ut an airworthiness certificate in the restricted environment and under the con ditions 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 mo nitored 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 condu cted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria dem onstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location o f 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 m arks 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 w ords "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airw orthiness 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. The word “Experimental” will be placed on the fuselage in compliance with §45.2 9 (f).

### 6 US Department of Transportation

February 20, 2015 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 “E xperimental.”
**14 C.F.R. § 61.11 3 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.**  Pursuant to 14 CFR 61.113 (a) & (b), no person w ho holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or pro perty for compens ation or hire. The proposed UAS operations ma y 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 les s than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will be , or be under the direct supervision of , a FAA Certificated Private Pilot with current Third Class or higher medical certificate. It is believed that 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 airw orthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for det ermining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists 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 w hich 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 fl ight.US Department of Transportation

February 20, 2015

**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 re mo tely 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 tr aining without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by th e size and speed of the aircraft.
**14 C.F.R. §91.119: Minim um 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 2 00 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. It will however be operated in a restricted area with security perimeter, where buildings and peop le will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, w eight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permissi on 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 aw are of the planned flight operations. Compared to flight operations with aircraft or rotorcraft w eighting far
mo re 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 addit ion, the low

- altitude operations of the UAS will ensure separation betw een these UAS operations and the operations of conventional aircraft that must comply with Section 91.119.
**14 C.F.R. §91.121 Altim eter Settings.**  This regulation requires each person op erating 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 i nstead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and

### 8 US Department of Transportation

February 20, 2015 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 w eather 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 applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior
e xemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed w aivers will be allowed does not engender the type of risks that Section 91.151(a)
wa s intended to alleviate given the size and speed of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery pow er

— 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 regul ation 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 w eighs wel l under the proposed 55

- lb limit 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 the se 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 regulat ions require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall betw een 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 s and Part 43 apply only to aircraft with an airw orthiness certificate, these sections will not apply to the ap plicant. Maintenance will be accomplished by the operator pursuant to the flight manual andUS Department of Transportation

February 20, 2015 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 w orking order prior to initiating flight, perform require d 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 lev el 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 w orking order prior to initiating flight and perf orm required maintenance needed.

Additional Information The applicant, Trevor A. Kirk , is a current FAA Certificated Private Pilot holding a current Third Class Medical Certificate. The applicant believes this exemption request and associated safety consi derations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012 , providing sufficient justification for the granting of commercial operations of the appl icant’s UAS.
Sincerely,

Trevor A. Kirk