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 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:

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 Systems (UAS), hereby applies for an

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of designated 

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, would

provide professional services in the following 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 newsgathering.

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 power lines, wind turbines and cell towers.

5. 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.
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6. Training to persons individually or belonging to both private and/or public organizations to increase 

awareness 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 would increase public awareness of UAS operations and enhance safety to aid in

fulfilling 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:

Trevor A. Kirk, DBA “A Lofty Height”

Ph: 208-255-5469

Email: 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 91.119 (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 

49mph with a cruising speed of 11m/s or 25mph. The DJI Inspire 1 has the ability to hover and move along 
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February 20, 2015

a vertical and horizontal plane simultaneously. The DJI Inspire 1 has four motors, Motor Model DJI 3510, 

powered by a 6-cell 4500mAh or 5700mAh Lithium Polymer battery. There are four propellers, Propeller 

Model DJI 1345, in use. The DJI Inspire 1 will be controlled with the DSLRPros Futaba 8FG 14-Channel 

remote 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 –

5.850GH.

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 Phantom 2 is 

powered by a 5200 mAh, 11.1V LiPo battery powering four E300 model motors. The DJI Phantom 2 will 

be controlled with the DSLRPros Futaba 8FG 14-Channel remote 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.

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 powered 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 remote 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 

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 graciously requests that the FAA grant the requested

exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations 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 

50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).
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4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will 

not exceed 30 minutes. Flights will be terminated at 25% battery power 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 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 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 Medical 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 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 (VMC) only.

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

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

12. 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.

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/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.
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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

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. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f).
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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) & (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 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 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 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 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 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.
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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 is 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. It will however be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, and 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 U.S. exemption 

may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and 
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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 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 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. The applicant believes that an equivalent level 

of safety can be achieved by limiting flights to 30 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 well 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 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 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 operator pursuant to the flight manual and 
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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, 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 considerations adequately satisfy criteria 

provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial 

operations of the applicant’s UAS.

Sincerely,

Trevor A. Kirk