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October	26,	2015

In	Reply	Refer	To:	 Liftoff	Aerials	LLC

Cory	Fechner	 600	N	Lilac	Drive

(612)	987-4568	 Suite	209

info@liftoffaerials.com Minneapolis,	MN	55422

Subject:		 Request	 for	Exemption	 from	14	CFR	§	61.23(a)	and	(c),	61.101(e)(4)	

and	 (5),	 61.113(a),	 61.315(a),	 91.7(a),	 91.119(c),	 91.121,	

91.151(a)(1),	 91.405(a),	 91.407(a)(1),	 91.409(a)(1)	 and	 (2),	 and	

91.417(a)	and	(b),	to	the	extent	necessary	to	allow	Liftoff	Aerials	LLC

to	operate	Unmanned	Aerial	Systems	to	perform	aerial	data	collection	

in	the	National	Airspace	System

Enclosure: (1)	

Technical	Brochures	for DJI	Phantom	3,	Located:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf

Technical	Brochures	for	Tarot	680,	Located:

http://www.tarot-rc.com/index.php?main_page=product_info&products_id=195

Technical	Brochures	for	DJI	S800	EVO,	Located:

http://download.djiinnovations.com/downloads/s800evo/en/S800_EVO_User_Manual_v1.10_en.pdf

References: (1)	Approved	Exemption	13125

(2)	Approved	Exemption	13117

(3)	Approved	Exemption	13124

Dear	Sir	or	Madam,

Liftoff	 Aerials	 LLC	 (herein	 after	 “Liftoff”	 or	 “the	 operator”)	 respectfully	 requests	

review	of	the	following	application	for	exemption	from	14	CFR	§§	61.23(a)	and	(c),	

61.101(e)(4)	and	(5), 61.113(a),	61.315(a),	91.7(a),	91.119(c),	91.121,	91.151(a)(1),	

91.405(a), 91.407(a)(1), 91.409(a)(1)	and	(2),	and	91.417(a)	and	(b)	as	it	relates	to	

the	operation	of	Unmanned	Aerial	Systems	(UAS)	to	perform	aerial	data	collection.		

This	application	is	submitted	pursuant	to	Section	333	of	the	FAA	Modernization	and	

Reform	Act	of	2012	(FMRA).
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This	 exemption	 will	 permit	 Liftoff	 to	 operate	 UAS	 for	 the	 purpose	 of	 conducting	

commercial	video	and	photography	of	residential	real	estate,	commercial	real	estate,	

construction	sites,	landscapes	and	events	over	certain	areas	of	the	United	States.	

Background

Liftoff	 is	 a	 premier	 marketing	 strategy	 firm	 focused	 on	 unique	 solutions	 for	 its	

clients.		Liftoff	provides	personalized	modeling,	brand	listing,	and	analytics	services,	

as	 well	 as	 media	 creation	 and	 editing	 services.	 	 The	 objective	 of	 this	 exemption	

application	is	 for	Liftoff	to	better	serve	its	customers	and	community	by	providing	

unique,	high-quality	media	in	a	safe	and	compliant	manner.

UAS	to	be	Used	During	Operations

Liftoff	 requests	an	exemption	 to	 operate	all	 variants	 of	the	DJI	 Phantom	 3	 (herein	

after	“Phantom	3”),	Tarot	680,	and	DJI	S800	EVO	(herein	after	“S800”)	(collectively	

referred	to	as	UAS)	for	hire	within	the	National	Airspace	System	(NAS).		Enclosure	

(1)	 contains	 copies	 of	 the	 technical	 data	 manuals	 associated	 with	 each	 UAS	

platform.	 	Previous	examples	 of	exemptions	granted	 to	 companies	 seeking	 similar	

authorizations	are	included	in	References	(1),	(2),	and	(3).		The	Phantom	3,	Tarot	

680	 and	 S800	 are	 vertical	 takeoff	 and	 landing	 (VTOL)	 UAS’	 which	 utilize	 ground	

control	 stations	 (GCS)	 that	 will	 operate	 between	 the	 2.4	 GHz	 and	 2.483	 GHz	

frequencies.	 	 These	 frequencies	 are	 the	 ones	 proscribed	 by	 the	 manufacturer	 and	

will	not	be	altered.		An	authorized	Pilot	 In	Control	(PIC),	who	holds	a	private	pilot	

certificate	 and	 at	 least	 a	 current	 third-class	 medical	 certificate,	 and	 undergoes	 at	

least	 twenty	 (20)	 training	 flights	 lasting	 no	 less	 than	 20	 minutes	 on	 each	 UAS	

platform,	will	operate	the	UAS.

The	Phantom	3,	Tarot	680	and	S800	will	be	identified	by	serial	number,	registered	

in	accordance	with	14	CFR	part	47,	and	have	identification	(N−Number)	markings	in	

accordance	 with	 14	 CFR	 part	 45,	 Subpart	 C.	 The	 markings	 will	 be	 as	 large	 as	

practical.		The	Phantom	3,	Tarot	680	and	S800	may	be	fitted	with	either	GoPro	Hero	

(all	variants)	or	Panasonic	GH4	cameras	(all	variants).

In	 addition,	 all	 UAS	 operated	 by	 Liftoff	will	 be	 fitted	 with	 Global	 Position	 System

(GPS)	safety	features	that	will	limit	their	ability	to	fly	above	400	feet,	not	allow	them	

to	exceed	20	knots	speed,	not	allow	operations	within	5	miles	of	an	active	airfield,	

and	 allow	 the	 UAS	 to	 return	 to	 a	 predetermined	 location	 in	 the	 event	 that	

communication	with	 the	PIC	is	lost.		 In	addition,	neither	 the	Phantom	3,	Tarot	680	

nor	S800	will	operate	beyond	the	PIC	line	of	sight	or	without	a	spotter	(also	referred	

to	as	“safety	observer”).

Liftoff	will	use	manufacturers	service	centers	 to	perform	maintenance,	alterations,	

or	 preventive	 maintenance	 on	 the	 UAS	 using	 only	 the	 methods	 and	 practices	

outlined	 in	 the	 manufacturer	 operating	 manuals.	 	 Liftoff	 will	 document	 all	

maintenance	 conducted	 on	 the	 Phantom	 3,	 Tarot	 680	 and	 S800	 and	will	maintain	
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those	 records	 in	 perpetuity.	 	 Liftoff	 will	 also	 implement	 a	 stringent	 operators	

manual	to	cover	all	aspects	of	UAS	operations.		Liftoff	will	designate	an	“authorized	

person”	 to	oversee	 the	administration	of	 the	operator’s	manual,	and	sign	off	on	all	

records	associated	with	the	UAS	being	flown.

Petition	Details

In	 consideration	 of	 the	 speed,	 size,	 weight	 and	 limited	 operating	 area	 associated	

with	 the	UAS	and	 their	 operation,	Liftoff	’s	 operation	 of	 the	Phantom	3,	Tarot	680

and	 S800	 meets	 the	 conditions	 of	 FMRA	 Section	 333	 and	 therefore	 would	 not	

require	airworthiness	certificates	as	outlined	in	14	CFR	§	21.

Furthermore,	Liftoff	requests	relief	from	certain	requirements	outlined	below:

! 14	CFR	§	61.23(a)	&	(c)

Liftoff	 requests	 relief	 from	certain	 requirements	 of	this	section	because	 the	

UAS	operations	will	be	accomplished	by	a	PIC	holding	a	 third-class	medical	

certificate.		

! 14	CFR	§	61.101(e)(4)	and	(5)

Liftoff	 requests	 relief	 from	 certain	 requirements	 of	this	 section	 because	it’s	

UAS	have	more	 than	one	motor	but	are	unmanned,	do	not	carry	occupants,	

and	do	not	have	retractable	landing	gear.		 In	addition,	Liftoff	requests	relief	

from	 this	 section	 because	 it	 is	 seeking	 to	 conduct	 its	 operations	 for	

compensation.

! 14	CFR	§	61.113(a)

Liftoff	requests	relief	from	certain	requirements	of	this	section	to	the	extent	

necessary	to	allow	a	PIC	holding	a	private	pilot	or	higher	level	certificate,	as	

well	 as	 a	 third-class	 medical	 certificate,	 and	 who	 has	 demonstrated,	 by	

meeting	minimum	flight	hour	and	currency	requirements,	that	the	PIC	is	able	

to	 safely	 operate	 the	 Phantom	 3,	 Tarot	 680	 and	 S800	 UAS	 in	 a	 manner	

consistent	with	this	exemption,	including	evasive	and	emergency	maneuvers	

and	 maintaining	 appropriate	 distances	 from	 people,	 vessels,	 vehicle	 and	

structures.

! 14	CFR	§	61.315(a)

Liftoff	 requests	 relief	 from	 certain	 requirements	 of	 this	 section	 because	 it	

wishes	to	conduct	its	flight	operations	for	hire	and	to	be	compensated	by	its	

customers.

! 14	CFR	§	91.7(a)

Liftoff	 requests	 relief	 from	certain	 requirements	 of	this	section	because	 the	

Phantom	3,	Tarot	680	and	S800	do	not	require	an	airworthiness	certificate	in	

accordance	with	14	CFR	§	21.		Liftoff	certifies	that	it	will	ensure	the	Phantom	

3,	 Tarot	 680	 and	 S800	 are	 in	 airworthy	 condition	 prior	 to	 every	 flight	 by	

determining	 that	 the	 systems	 are	 operating	 in	 accordance	 with	 the	

manufacturer	operating	documents,	and	are	in	safe	conditions	for	flight.
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! 14	CFR	§	91.119(c)

Liftoff	 requests	 relief	 from	certain	 requirements	 of	 this	section	because	 the	

UAS	will	not	be	operated	more	than	400	feet	off	the	ground	and	will	maintain	

a	safe	distance	from	people	and	objects,	as	well	as	utilize	the	safety	systems	

mentions	in	the	previous	paragraphs.

! 14	CFR	§	91.121

Liftoff	 requests	 relief	 from	certain	 requirements	 of	 this	section	because	 the	

UAS	will	 not	 be	equipped	with	 the	 typical	 barometric	altimeters	 present	in	

manned	 aircraft.	 	 Altitude	 on	 the	 UAS	 will	 be	 provided	 to	 the	 PIC	 via	 GPS	

equipment	and	radio	communications	with	the	GCS.		In	addition,	neither	the	

Phantom	3,	Tarot	680	nor	S800	will	operate	beyond	 the	PIC	line	of	sight	or	

without	a	spotter	(also	referred	to	as	“safety	observer”).

! 14	CFR	§	91.151(a)(1)

Liftoff	 requests	 relief	 from	 certain	 requirements	 of	 this	 section	 because	

safety	 will	 not	 be	 affected	 by	 operation	 of	 a	 UAS	 during	 daylight	 hours	 in	

visual	 meteorological	 conditions	 under	 visual	 flight	 rules	 with	 enough	

battery	 power	 to	 fly	 for	 a	 total	 duration	 of	 approximately	 20	 minutes.		

Battery	power	indicators	will	be	present	on	all	UAS	and	GCS,	and	the	PIC	will	

not	allow	any	system	to	operate	beyond	the	point	of	safe	return.	

! 14	CFR	§	91.405(a)

Liftoff	 requests	 relief	 from	certain	 requirements	 of	 this	section	because	 the	

UAS	 will	 be	 maintained	 in	 accordance	 with	 the	 manufacturer	 operating	

documents	and	will	only	be	repaired/overhauled	by	 the	original	equipment	

manufacturer.	 	The	UAS	will	 not	 be	 flown	if	 obvious	 flaws	 or	 known	issues	

exist	with	the	equipment.		Furthermore,	UAS	will	be	visually	inspected	by	the	

PIC	prior	to	each	flight	and,	additionally,	after	each	flight	has	concluded.

! 14	CFR	§	91.407(a)(1)

Liftoff	 requests	 relief	 from	certain	 requirements	 of	 this	section	because	 the	

UAS	 will	 be	 maintained	 in	 accordance	 with	 the	 manufacturer	 operating	

documents	and	will	only	be	repaired/overhauled	by	 the	original	equipment	

manufacturer.	 	The	UAS	will	 not	 be	 flown	if	 obvious	 flaws	 or	 known	issues	

exist	with	the	equipment.		Furthermore,	UAS	will	be	visually	inspected	by	the	

PIC	prior	to	each	flight	and,	additionally,	after	each	flight	has	concluded.

! 14	CFR	§	91.409(a)(1)	and	(2)

Liftoff	 requests	 relief	 from	certain	 requirements	 of	 this	section	because	 the	

UAS	 will	 be	 maintained	 in	 accordance	 with	 the	 manufacturer	 operating	

documents	and	will	only	be	repaired/overhauled	by	 the	original	equipment	

manufacturer.	 	The	UAS	will	 not	 be	 flown	if	 obvious	 flaws	 or	 known	issues	

exist	with	the	equipment.		Furthermore,	UAS	will	be	visually	inspected	by	the	

PIC	prior	to	each	flight	and,	additionally,	after	each	flight	has	concluded.

! 14	CFR	§	91.417(a)	and	(b)

Liftoff	 requests	 relief	 from	certain	 requirements	 of	 this	section	because	 the	

UAS	 referenced	 in	 this	 application	 for	 exemption	 will	 be	 inspected	 and

maintained	 in	 accordance	 with	 the	 manufacturer	 operator	 manuals.		

Furthermore,	 Liftoff	 certifies	 that	 it	 will	 document	 all	 maintenance	
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conducted	 on	 the	 Phantom	 3,	 Tarot	 680	 and	 S800	 and	 will	 maintain	 those	

records	in	perpetuity.		

In	 accordance	 with	 14	 CFR	 §	 11.81,	 Liftoff	 Aerials	 LLC	 provides	 the	 following	

information	in	support	of	its	exemption	request:

1. Contact	Information:

Cory	Fechner

Owner,	President

Liftoff	Aerials	LLC

600	N	Lilac	Drive

Suite	209

Minneapolis,	MN	55422

(612)	987-4568	

info@liftoffaerials.com

2. Public	Interest

Approval	 of	 this	 request	 for	 exemption	 will	 further	 the	 public	 interest	 by	

allowing	Liftoff	Aerials	LLC	to	safely,	efficiently	and	economically	perform	aerial	

video	 and	 photography	 for	 local	 businesses	 who	 would	 otherwise	 not	 benefit	

from	 the	 technological	 advantages	 that	 larger,	 nationwide	 companies,	 hold.		

Furthermore,	Liftoff	Aerials	LLC	is	a	small	business	that	desires	to	perform	well	

and	 support	 its	 community.	 	 Granting	 this	 exemption	 will	 allow	 Liftoff	 Aerials	

LLC	to	expand	its	local	economic	footprint	and	provide	greater	opportunities	to	

the	local	workforce.

In	addition,	granting	of	this	exemption	request	will	reduce	pollution	that	would	

otherwise	 be	 produced	 by	 air-breathing	 manned	 aircraft	 performing	 the	 same	

type	of	work.		As	the	Phantom	3,	Tarot	680	and	S800	are	battery	powered,	they	

would	 eliminate	 all	 carbon	 emissions	 that	 would	 otherwise	 be	 produced	 by	

manned	operations.		The	Phantom	3,	Tarot	680	and	S800	are	also	smaller	than	

their	 manned	 alternatives,	 which	 means	 not	 needing	 vast	 airports	 for	

operations/maintenance,	and	decreased	noise	pollution.

3. Safety

In	consideration	of	the	size,	weight,	speed,	and	limited	operating	area	associated	

with	 the	 UAS	 and	 their	 operation,	 Liftoff	 ’s	 operation	 of	 the	 Phantom	 3,	 Tarot	

680	 and	 S800	 meet	 the	 conditions	 of	 FMRA	 Section	 333,	 and	 will	 not	 require	

airworthiness	certificates	in	accordance	with	14	CFR	§	21.		Section	333	provide	

authority	 for	UAS	to	 operate	without	airworthiness	 certification	and	 sets	 forth	

requirements	for	consideration	whether	a	UAS	will	crate	a	hazard	to	users	of	the	

NAS	or	the	public,	or	otherwise	pose	a	threat	to	national	security.
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Liftoff	certifies	that	the	Phantom	3,	Tarot	680	and	S800	can	operate	safely	in	the	

NAS	 as	 demonstrated	 by	 their	 system	 characteristics,	 the	 pilot	 certification	

requirement,	and	specific	operation	limitations	outlined	in	this	request.

The	Phantom	3,	Tarot	680	and	S800	can	be	operated	in	manned	or	autonomous	

(hover)	 mode.	 	 Further	 explanations	 of	 these	 capabilities	 are	 included	 in	

Enclosure	(1).		Furthermore:

o All	 UAS	 will	 be	 equipped	 with	 the	 ability	 to	 automatically	 land	 at	 a	

pre-determined	site	in	the	event	communication	is	lost	with	the	GCS.		

o The	 Phantom	 3,	 Tarot	 680	 and	 S800	 will	 only	 be	 operated	 in	

accordance	 with	 the	 manufacturer	 operating	 manuals.	 	 No	 activities	

outside	those	manuals	will	be	allowed.

o The	UAS	will	only	be	operated	within	the	PIC	line	of	sight

o A	 safety	 observer	 will	 always	 be	 present	 when	 the	 UAS	 are	 in	

operation

Additional	Self-Imposed	Limitations

In	 requesting	 this	 exemption,	 Liftoff	 is	 seeking	 authorization	 to	 operate	 the	

Phantom	 3,	 Tarot	 680	 and	 S800	 unmanned	 aerial	 systems	 for	 the	 purpose	 of	

conducting aerial	video	and	photography	pursuant	to	the	following	limitations:

1. Operations	 authorized	 by	 this	 grant	 of	 exemption	 will	 be	 limited	 to	 the	

Phantom	3,	Tarot	680	and	S800	UAS	described	in	the	operating	documents,	

weighing	 less	 than	 55	 pounds	 maximum	 gross	 weight.	 	 Operations	 of	 any	

other	UAS	will	require	a	new	petition	or	a	petition	to	amend	this	grant.	

2. UAS	 operations	 under	 this	 exemption	 will	 be	 limited	 to	 conducting	

operations	for	the	purpose	of	aerial	photography	and	video.

3. The	UAS	may	not	be	flown	at	speeds	exceeding	20	knots.

4. The	 UAS	 will	 be	 operated	 at	 an	 altitude	 of	 no	 more	 than	 400	 feet	 above	

ground	 level	 (AGL)	 unless	 a	 special	 request	 is	 made	 and	 approved	 by	 Air	

Traffic	Control	(ATC).		All	altitudes	reported	to	ATC	will	be	in	AGL.

5. The	UAS	will	operate	within	the	PIC’s	visual	line	of	sight	at	all	times.		The	PIC	

will	 only	 use	 human	 vision,	and	will	 not	 be	aided	 by	any	 device	 other	 than	

corrective	lenses,	as	specified	in	their	medical	certificate.

6. First	person	view	(FPV)	by	the	PIC	or	spotter	is	not	permitted

7. All	 operations	 must	 utilize	 a	 safety	 observer	 (SO).	 The	 SO	 may	 be	 used	 to	

satisfy	 the	 VLOS	 requirement	 as	 long	 as	 the	 PIC	 always	 maintains	 VLOS	

capability.	The	SO	and	PIC	must	be	able	to	communicate	verbally	at	all	times.	

Electronic	messaging	or	texting	is	not	permitted	during	flight	operations.	The	

PIC	 must	 be	 designated	 before	 the	 flight	 and	 cannot	 transfer	 his	 or	 her	

designation	for	the	duration	of	the	flight.	The	PIC	must	ensure	that	the	SO	can	

perform	the	functions	prescribed	in	the	operating	documents.	

8. The	 SO	 must	 not	 perform	 any	 other	 duties	 beyond	 assisting	 the	 PIC	 with	

seeing	 and	 avoiding	 other	 air	 traffic	 and	 other	 ground	 based	
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obstacles/obstructions	and	is	not	permitted	 to	operate	 the	camera	or	other	

instruments.	

9. If	granted	under	 this	application,	 the	operating	documents	and	 the	grant	of	

exemption	must	be	accessible	during	UAS	operations	and	made	available	 to	

the	Administrator	(or	 their	delegate,	including	local	law	enforcement)	upon	

request.	 If	 a	 discrepancy	 exists	 between	 the	 conditions	 and	 limitations	

contained	 in	 the	 grant	 of	 exemption	 and	 the	 procedures	 outlined	 in	 the	

operating	documents,	the	conditions	and	limitations	contained	in	the	grant	of	

exemption	 take	 precedence	 and	must	 be	 followed.	 Otherwise,	 the	 operator	

must	 follow	 the	 procedures	 as	 outlined	 in	 its	 operating	 documents.	 The	

operator	may	update	 or	 revise	its	 operating	documents.	 It	is	 the	 operator’s	

responsibility	 to	 track	 such	 revisions	 and	 present	 updated	 and	 revised	

documents	 to	 the	 Administrator	 upon	 request.	 The	 operator	 must	 also	

present	 updated	 and	 revised	 documents	 if	 it	 petitions	 for	 extension	 or	

amendment	 to	 the	 grant	 of	 exemption.	 If	 the	 operator	 determines	 that	 any	

update	 or	 revision	 would	 affect	 the	 basis	 upon	 which	 the	 FAA	 granted	 the	

exemption,	 then	 the	 operator	 must	 petition	 for	 amendment	 to	 its	 grant	 of	

exemption.

10. Prior	 to	 each	 flight	 the	 PIC	 must	 inspect	 the	 UAS	 to	 ensure	 that	 it	 is	 in	 a	

condition	 for	safe	 flight.	If	the	inspection	reveals	a	condition	that	affects	the	

safe	operation	of	the	UAS,	the	aircraft	is	prohibited	from	operating	until	the	

necessary	maintenance	has	been	performed	and	the	UAS	is	 found	to	be	in	a	

condition	for	safe	flight.	The	Ground	Control	Station	must	be	included	in	the	

preflight	 inspection.	 All	 maintenance	 and	 alterations	 must	 be	 properly	

documented	in	the	aircraft	records.

11. Any	UAS	 that	has	undergone	maintenance	or	alterations	 that	affect	 the	UAS	

operation	 or	 flight	 characteristics,	 e.g.	 replacement	 of	 a	 flight	 critical	

component,	must	undergo	a	functional	test	flight.	The	PIC	who	conducts	the	

functional	test	flight	must	make	an	entry	in	the	aircraft	records.	

12. Pre-flight	 inspections	 must	 occur	 prior	 to	 every	 flight.	 	 The	 pre-flight	

inspection	 must	 account	 for	 all	 potential	 discrepancies,	 e.g.	 inoperable	

components,	 items,	 or	 equipment,	 not	 already	 covered	 in	 the	 relevant	

sections	of	the	operating	documents.	

13. Liftoff	 must	 follow	 the	 UAS	 manufacturer’s	 aircraft/component,	

maintenance,	overhaul,	replacement,	inspection,	and	life	limit	requirements.	

14. Liftoff	 must	 carry	 out	 its	 maintenance,	 inspections,	 and	 record	 keeping	

requirements,	 in	 accordance	 with	 the	 operating	 documents.	 Maintenance,	

inspection,	alterations,	and	status	of	replacement/overhaul	component	parts	

must	 be	 noted	 in	 the	 aircraft	 records,	 including	 total	 time	 in	 service,	

description	of	work	accomplished,	and	the	signature	of	the	person	returning	

the	UAS	to	service.

15. Each	UAS	operated	under	this	exemption	must	comply	with	all	manufacturer	

Safety	Bulletins.	

16. The	 authorized	 person	 must	 make	 an	 entry	 in	 the	 aircraft	 record	 of	 the	

corrective	 action	 taken	 against	 discrepancies	 discovered	 between	

inspections.	
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17. The	PIC	must	possess	at	least	a	private	pilot	certificate	and	at	least	a	current	

third-class	medical	certificate.		These	documents	will	be	present	with	the	PIC	

during	all	UAS	flights.

18. Liftoff	will	not	permit	any	PIC	to	operate	unless	the	PIC	meets	the	operator’s	

qualification	criteria	and	demonstrates	 the	ability	 to	safely	operate	 the	UAS	

in	 a	 manner	 consistent	 with	 how	 the	 UAS	 will	 be	 operated	 under	 the	

exemption,	 including	 evasive	 and	 emergency	 maneuvers	 and	 maintaining	

appropriate	 distances	 from	 persons,	 vessels,	 vehicles	 and	 structures.	 PIC	

qualification	flight	hours	will	be	logged	in	a	manner	consistent	with	14	C.F.R.	

§	 61.51(b).	 Flights	 for	 the	 purposes	 of	 training	 the	 operator’s	 PICs	 are	

requested	 under	 the	 terms	 of	 the	 exemption,	 if	 granted.	 However,	 training	

operations	will	only	be	conducted	during	dedicated	training	sessions.	During	

training,	 proficiency,	 and	 experience-building	 flights,	 all	 persons	 not	

essential	for	flight	operations	will	be	considered	nonparticipants,	and	the	PIC	

must	 operate	 the	 UAS	 with	 appropriate	 distance	 from	 nonparticipants	 in	

accordance	with	14	C.F.R.	§	91.119.	

19. UAS	operations	will	not	be	conducted	during	night,	as	defined	in	14	C.F.R.	§	

1.1.	All	operations	will	be	conducted	under	visual	meteorological	conditions	

(VMC).	If	flight	at	night	is	required,	a	special	request	will	be	made	at	the	FAA	

office	 closest	 to	 proposed	 area	 of	 operations.	 Flights	 under	 special	 visual	

flight	rules	(SVFR)	are	not	requested	or	authorized.	

20. The	UAS	will	not	operate	within	5	nautical	miles	of	an	airport	reference	point	

as	denoted	on	a	current	FAA-published	aeronautical	chart	unless	a	letter	of	

agreement	with	that	airport’s	management	is	obtained,	and	the	operation	is	

conducted	in	accordance	with	a	NOTAM	as	required	by	 the	operator’s	COA.	

The	 letter	 of	 agreement	 with	 the	 airport	 management	 must	 be	 made	

available	to	the	Administrator	upon	request.	

21. The	UAS	will	not	be	operated	less	than	500	feet	below	or	less	than	2,000	feet	

horizontally	from	a	cloud	or	when	visibility	is	less	than	3	statute	miles	from	

the	PIC.	

22. If	the	UAS	loses	communications	or	loses	its	GPS	signal,	it	will	return	to	a	predetermined	 location	 within	 the	 planned	 operating	 area	 to	 land	 and	 will	 be	

recovered	in	accordance	with	Liftoff	’s	operating	documents.

23. The	 PIC	 must	 abort	 the	 flight	 in	 the	 event	 of	 unpredicted	 obstacles	 or	

emergencies	in	accordance	with	the	operating	documents.	

24. The	PIC	will	be	prohibited	 from	beginning	a	 flight	unless	(considering	wind	

and	 forecast	 weather	 conditions)	 there	 is	 enough	 power	 to	 fly	 at	 normal	

cruising	 speed	 to	 the	 intended	 landing	 point	 and	 land	 the	 UAS	 with	 25%	

battery	power	remaining.	

25. Liftoff	 must	 obtain	 an	 Air	 Traffic	 Organization	 (ATO)	 issued	 Certificate	 of	

Waiver	or	Authorization	(COA)	prior	to	conducting	any	operations	under	the	

grant	 of	 exemption.	 This	 COA	 will	 also	 require	 the	 operator	 to	 request	 a	

Notice	to	Airman	(NOTAM)	not	more	than	72	hours	in	advance,	but	not	less	

than	 48	 hours	 prior	 to	 the	 operation.	 All	 operations	 shall	 be	 conducted	 in	

accordance	 with	 airspace	 requirements	 in	 the	 ATO	 issued	 COA	 including	

class	of	airspace,	altitude	level	and	potential	transponder	requirements.	
9

26. All	 UAS	 operated	 with	 the	 exemption	 will	 be	 identified	 by	 serial	 number,	

registered	 in	 accordance	 with	 14	 CFR	 Part	 47	 and	 have	 identification	

marking	in	accordance	with	14	CFR	Part	45.

27. Before	 conducting	 operations,	 Liftoff	 will	 ensure	 the	 radio	 frequency	

spectrum	used	 for	operation	and	control	of	the	UA	comply	with	the	Federal	

Communications	 Commission	 (FCC)	 or	 other	 appropriate	 government	

oversight	agency	requirements.	

28. The	documents	required	under14	C.F.R.	91.9	and	91.203	must	be	available	to	

the	 PIC	 at	 the	 Ground	 Control	 Station	 of	 the	 UAS	 any	 time	 the	 UAS	 is	

operating.	These	documents	must	be	made	available	to	the	Administrator	or	

any	law	enforcement	official	upon	request.	

29. The	UAS	will	remain	clear	and	yield	the	right	of	way	to	all	manned	aviation	

operations	and	activities	at	all	times.	

30. The	UAS	will	not	be	operated	by	the	PIC	from	any	moving	device	or	vehicle.

31. Flight	operations	will	be	conducted	at	least	500	feet	from	all	nonparticipating	

persons	 (persons	 other	 than	 the	 PIC,	 safety	 observer,	 operator	 trainees	 or	

essential	persons),	vessels,	vehicles,	and	structures	unless:	

a. Barriers	 or	 structures	 are	 present	 that	 sufficiently	 protect	

nonparticipating	persons	 from	 the	UAS	and/or	debris	in	 the	event	of	

an	 accident.	 The	 operator	 will	 ensure	 that	 nonparticipating	 persons	

remain	 under	 such	 protection.	 If	 a	 situation	 arises	 where	

nonparticipating	 persons	 leave	 such	 protection	 and	 are	 within	 500	

feet	of	the	UA,	flight	operations	must	cease	immediately	and/or;	

b. The	aircraft	is	operated	near	vessels,	vehicles	or	structures	where	the	

owner/controller	 of	 such	 vessels,	 vehicles	 or	 structures	 has	 granted	

permission	 and	 the	 PIC	 has	made	 a	 safety	 assessment	 of	 the	 risk	 of	

operating	 closer	 to	 those	 objects	 and	 determined	 that	 it	 does	 not	

present	an	undue	hazard,	and;	

c. Operations	 nearer	 to	 the	 PIC,	 safety	 observer,	 operator	 trainees	 or	

essential	 persons	 do	 not	 present	 an	 undue	 hazard	 to	 those	 persons	

per	§	91.119(a).

32. All	 operations	will	be	conducted	 over	private	 or	controlled-access	property	

with	 permission	 from	 the	 land	 owner/controller	 or	 authorized	

representative.	 Permission	 from	 land	 owner/controller	 or	 authorized	

representative	will	be	obtained	in	writing	for	each	flight	to	be	conducted.

33. Any	 incident,	 accident,	 or	 flight	 operation	 that	 transgresses	 the	 lateral	 or	

vertical	boundaries	of	the	operational	area	as	defined	by	the	applicable	COA	

will	 be	 reported	 to	 the	 FAA's	 UAS	 Integration	 Office	 (AFS-80)	 within	 24	

hours.	 Accidents	 will	 be	 reported	 to	 the	 National	 Transportation	 Safety	

Board	 (NTSB)	 per	 instructions	 contained	 on	 the	 NTSB	 Web	 site:	

www.ntsb.gov.	
10

Conclusion

As	described	in	 this	request	 for	exemption,	Liftoff	Aerials	LLC	seeks	an	exemption	

from	14	CFR	§	61.23(a)	and	(c),	61.101(e)(4)	and	(5),	61.113(a),	61.315(a),	91.7(a),	

91.119(c),	91.121,	91.151(a)(1),	91.405(a),	91.407(a)(1),	91.409(a)(1)	and	(2),	and	

91.417(a)	 and	 (b)	 pursuant	 to	 14	 CFR	 Part	 11.16	 and	 Section	 333	 of	 the	 FMRA,	

which	will	permit	the	safe	operation	of	the	DJI	Phantom	3,	Tarot	680	and	DJI	S800

EVO	 UAS	 commercially	 for	 the	 purposes	 of	 conducting	 aerial	 photography	 and	

video.

By	granting	this	Petition,	the	FAA	Administrator	will	be	fulfilling	the	Congressional	

mandate	 of	 the	 FAA	Modernization	and	Reform	Act	 of	 2012,	while	also	advancing	

the	interests	of	 the	public,	by	allowing	Liftoff	Aerials	LLC	 to	safely,	efficiently,	and	

economically	 operate	 the	 DJI	 Phantom	 3,	 Tarot	 680	 and	 DJI	 S800	 EVO	 UAS	

commercially	 within	 the	 NAS.	 Previous	 examples	 of	 exemptions	 granted	 to	

companies	seeking	similar	authorizations	are	included	in	References	(1),	(2),	and

(3).

Therefore,	 in	 accordance	 with	 the	 Federal	 Aviation	 Regulations	 and	 the	 FAA	

Modernization	and	Reform	Act	of	2012,	Section	333,	Liftoff	Aerials	LLC	respectfully	

requests	 that	 the	 Administrator	 grant	 this	 Petition	 for	 an	 exemption	 and	 permit	

Liftoff	Aerials	LLC	to	operate	 the	DJI	Phantom	3,	Tarot	680	and	DJI	S800	EVO	UAS	

commercially	 for	 the	 purpose	 of	 conducting	 aerial	 photography	 and	 video	 and	

photography	over	certain	areas	of	the	United	States.

Respectfully,

Cory	Fechner

Owner,	President

Liftoff	Aerials	LLC