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Top Cat Engineering L.L.C. 3270 Royal Blvd. Commerce Twp. MI, 48382 Tel. 248

- 877
- 2347 Contact: Joseph LaCola jla8135@sbcglobal.net
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Request for Exemption Per PL 112

- 95 §333 from §§ 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.405(a), 14 CFR 91.407(a)(1), 14 CFR 9 1.409(a)(2), 14 CFR 91.417(a) and (b) Dear Sir or Madam: Please consider this a request for an exemption of the above applicable sections of title 14 CFR for Top Cat Engineering, L.L.C. for the purpose of conducting commercial aerial operations with its small Unmanned Aircraft System. These operations include aerial photography, advertising and engineering development of potential products and systems for sUAS. 

### The specific section or **sections of 14 CFR f rom which we seek an exemption**  Top Cat Engineering, LLC requests exemption from the following applicable regulations, pursuant to the Administrator’s authority to grant exemptions contained in 49 U.S.C. § 106(f), 40113, and 44701: 14 CFR 21 Part H 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.405(a), 14 CFR 91.407(a)(1), 14 CFR 91.409(a)(2), 14 CFR 91.417(a) and (b)Page 2



### Top Cat Engineering**LLC’s background**  Top Cat Engineering LLC in tends to engage in aerial photography for private and public events as well as agricultural applications

. Top Cat Engineering LLC intends to conduct video and photography for commercial business and promotional purposes. This effort is intended to promote the s UAS and UAV industry to the general public as a safe and beneficial resource. The engineering activities that Top Cat Engineering LLC is engaged in are engineering development targeted for the sUAS industry. The development include s but may not be limited to ; flight p l anning and guidance subsystems , obstacle avoidance systems, collision avoidance /control and mitigation, and simple working machines designed to be deployed and/or delivered by s UAS. Top Cat engineering aspires to develop UAS solution that go beyond the current perception of UAV. Jobs such as concierge services, delivery of goods to remote locations , spreading of insecticide and fertilizer to areas not readily accessible and to o confin ing for conventional aircraft are prime for the sUAS industry

. 

### Description of aircraft and systems operated by Top Cat Engineering LLC Currently Top Cat Engineering operates variations of the DJI Flame Wheel 440 and 550 multi rotor copter utilizing DJI NAZA
- M and 3DR Pixhawk control system s . This system is readily available for purchase and is assembled by the purchaser. The manufacturer includes assembly manuals and system setup procedures with the system . The maximum speed of the UAV is 80 Kph. The power source is a Lithium Polymer battery between 11.4v to 16 v nominal and up to 80 00mah charge capacity . The maximum takeoff weight will be no greater than 35 lbs. 

### Top Cat Engineering LLC**’s proposal f**  **or conducting flight operations** Top Cat Engineering LLC intends to conduct Multi

- rotor operations for the purpose of aerial photography, advertisement and promotion as well as prototype ancillary systems development

. The aircraft is capable of flying a pre programmed flight path which can be overridden at anytime by the PIC (pilot in command)

. The aircraft is equipped with failsafe features that return the aircraft to a predetermined point within the controlled area and land in the event of lost radio communication. The aircraft’s control system also features an altitude limiting and operational distance limiting capability which can be preprogrammed and customized for each flight operation

. The aircraft’s control system incorporates a low battery warning which willPage 3

automatically land UAV in the event that battery voltage falls below a pre determined threshold.
The control of the UAV will be through a Radio Transmitter and Receiver that is manufactured by Futaba operating on the 2.4ghz s pectrum. The Futaba 8J radio system is FCC approved

. The following protocols will be implemented for each flight:
1. Flights will be operated within line of sight of a pilot and/or visual observer (VO)

. 2. Flights will be terminated at or before the automatic battery low voltage signals 25% battery power reserve. Actual data for flight endurance will be compiled for each aircraft battery configuration prior to the aircraft being deployed for service. Such data will be used to limit flights more accurately than the voltage alert can provide

. 3. Flights will be operated at an altitude of no more than 400 feet AGL and within the bounds of a controlled perimeter

. 4. Minimum crew for each operation will consist of the pilot in command and a visual observer (VO) who has been train ed i n accordance with Top Cat Engineering protocol

. 5. The operator of the controls and flight planner/coordinator will be an FAA licensed airman with at least a private pilot certificate and hold at least a third class medical certificate. 6. The UAS will only op erate within a pre defined controlled area. This area will be secure d prior to the flight operation. This area will be clearly marked either with temporary caution signs or barrier tape. 7. If the property over which the flight is to be conducted is privately owned, the property owner’s permission to conduct the flight will be obtained prior to the flight operation to be conducted. 8. The VO will be required to complete training in accordance with Top Cat Engineering procedure

. 9. Observer and pilot will at all times be able to communicate by voice. 10. All required permissions and permits will be obtained from state, county or city jurisdictions, including local law enforcement or appropriate governme ntal agencies

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11. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate. The PIC will also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate. 12. Prior to each flight the DJI Flame wheel will be tested in accordance with the NAZA setup manual and Top Cat Engineering procedure for preflight check. This will include but will not be limited to preprogramming of the altitude and distance limiting feature; test of the battery low voltage warning; and a test of the failsafe system. 13. 

### The operator will obtain the consent of all persons involved in the opera tion and ensure that only consenting persons will be allowed within 30 feet of the flight operation. This radius may be reduced further based upon an equivalent level of safety determination with the advanced permission of the relevant FSDO. 14. Operators will maintain the UAV system in a condition for safe operation, and conduct a pre

-flight inspection prior to each flight so as to ensure that the UAS, control station, data link equipment, payload, and support equipment are in a condition for safe operation an d in a configuration appropriate for the purpose of the intended flight. 15. In certain cases and particular operations there may exist the requirement to submit an application of waver. 

### The operator will file an FAA Form 7711
- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office.



### The extent of relief sought by **Top Cat Engineering LLC and the reason relief is sought** The following section will describe the extent of relief Top Cat Engineerin g LLC seeks in each section of 14 C.F.R. requested, as well as reasons why the exemption would not adversely affect safety or how the exemption would provide a level of safety at least equal to the existing rule:

**14 C.F.R. 21 Part H: Airworthiness certifi** **cate** Part 21 Subpart H prescribes procedural requirements for the issue of airworthiness certificates. Top Cat Engineering LLC requests exemption from this subpart to operate the DJI flame wheel 440 without the requirement for an airworthiness certificate. This position is based on the proposed UAS being limited in its current scope of capability, weight, speed, and operating envelope. The UAV carries no passengers or flammable materials such as gaso line or jet fuel. The UAV will be operated within visual line of site. It is for the preceding reasons that Top CatPage 5

Engineering LLC maintains that an airworthiness certificate is not necessary to ensure an equivalent level of safety to manned aircraft operations. (This request is similar in all material aspects to request for same ingrant of exemption for Troy Built Models number 11493 Regulatory Docket No. FAA

– 2015

– 0315 ) 

### 14 C.F.R. 61.113(a) & (b): Private Pilot Privileges and Limitations: Pilot in Comma **nd** Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to possess a private pilot’s certi ficate to operate this small UAV
. The Pilot in Command will possess, at minimum, a private pilot’s certificate, meet applicable recent flight experience requirements and hold at least a third cl ass medical certificate . The Visual Observer will be trained in accordance with the Top Cat Engineering’s visual observers training protocol. Top Cat Engineering LLC requests exemption from 14 C.F.R. § 61.113(a) and (b) to allow Top Cat Engineering to commercially operate the DJI flame wheel UAS while being operated by persons holding private pi lot certificates. (This request is similar in all material aspects to request for same in grant of exemption for Troy Built Models number 11493 Regulatory Docket No. FAA

– 2015

– 0315 & Aeirus Flight LLC number 11240 Regulatory Docket No. FAA

- 2014
- 0894 )


### 14 CFR **91.103: Pre Flight action** All of Top Cat Engineering LLC’s flights will be conducted in VFR conditions. No takeoff and landing distances are published for the DJI Flame Wheel. An equivalent level of safety will be provided by the PIC obtaining all pertin ent weather information from an official FAA weather source. In addition a pre flight briefing will be conducted prior to any operation in accordance with the operations manual. This briefing will include a review of all factors affecting the flight includ ing an examination of the secured operation envelop and any aerial obstacles that might affect the intended flight paths. (This request is similar in all material aspects to request for same in grant of exemption for Troy Built Models number 11493 Regulatory Docket No. FAA

– 2015

– 0315 )
**14 CFR 91.10 9: Flight instruction**  Flight Instruction (14 CFR 91.109), No pilot or passengers will be carried aboard. (This request is similar in all material aspects to request for same in grant of exemption for Aeirus Flight LLC number 11240 Regulatory Docket No. FAA

- 2014
- 0894 )
**14 CFR 91.1 19: Minimum safe altitudes**  Top Cat Engineering LLC requests exemption to 14 CFR 91.119 because the UAV will operate at altitudes up to but not exceeding 400 feet AGL within a specificallyPage 6

defined area. At no time will the UAV be operated directly over a person. In The event flight takes place over public l ands, such as a park, wild life refuge Top Cat Engineering LLC will obtain permission to operate. The UAV is capable of an emergency landing in a vertical manner and requires no runway or horizontal landing area in the event of suc h an emergency. In this way Top Cat Engineering LLC maintains that an equivalent or greater level of safety will be achieved

. (This request is similar in all material aspects to request for same in grant of exemption for Aeirus Flight LLC number 11240 Regulatory Docket No. FAA

- 201 4
- 0894 )
**14 CFR 91.1 21: Altimeter settings**  Top Cat Engineering LLC seeks an exemption from CFR 91.121 because the DJI Flame wheel with NAZA controller does not have a barometric altimeter, but rather an imbedded GPS based altitude report in g system . The UAV altitude limiting feature will be programmed to remain below an altitude appropriate for the flight and one in which the visual observer can maintain line of site At no time will the UAV be allowed to operate any higher than 400 feet AGL . In this way Top Cat Engineering maintains that an equivalent or greater level of safety will be achieved. (This request is similar in all material aspects to request for same in grant of exemption for Aeirus Flight LLC number 11240 Regulatory Docket No. FAA

- 2014
- 0894 & H igh Adveture Air Inc. number 11461 Regulatory Docket No. FAA

- 20 15
- 0 270 )
**14 CFR 91.1 51(a)**  **: Fuel requirements**  Top Cat Engineering LLC , seeks exemption from 14 CFR 91.151(a). The sUAS is p owered by a battery, which provides up to 30 minutes of powered flight. Because of the absence of flammable operating fluids, a sUAS would not pose the same level of risk as a conventional aircraft. All participants in safe operating perimeter have been informed and educated, and have indicated consent. All Top Cat Engineering LLC PICs will terminate flights when remaining battery power level reaches 25 %

. ( this request is similar in all material aspects to request for same in grant of exemption for Aeirus Flight LLC number 11240 Regulatory Docket No. FAA
- 2014
- 0894) **14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1) & (2); 14 C.F.R. 91.409(a)(1) & (2); 14 C.F.R. 91.417(a) & (b): Maintenance and Inspections**  An exemption is requested as these sections requires the aircraft be inspected in accordance with Part 43 and is needed as these sections apply only to aircraft with an airworthiness certificate. An equivalent level of safety will be achieved by the Pilot in Command following the Top Cat Engineering LLC o perations manual as well as the DJI User’s Manua ls. The operator will ensure that the UAS is in working order prior to each flight and maintain a detailed log of maintenance performed. The operator is the person most familiar with the aircraft and can provide the equivalent level of safety as intended by the rule. The DJI Flame wheel Flight Log will bePage 7

provided separately on request
. (This request is similar in all material aspects to request for same in grant of exemption for Troy Built Models number 11493 Regulatory Docket No. FAA

– 2015

– 0315 & Aeirus Flight LLC number 11240 Regu latory Docket No. FAA

- 2014
- 0894 )


### The reasons why granting Top Cat Engineering LLC ‘s **request would be in the public interest**  By granting this exemption request Top Cat Engineering LLC will provide the service of aerial photogra phy, video and advertising to the general public and commercial enterprise that would benefit greatly from these services. These services would normally be cost prohibitive utilizing traditional methods. These services when performed in accordance with the safety measures outline d above would pose less harm to the general public than traditional manned aircraft

. By granting this exemption Top Cat Engineering LLC will be able to perform critical development of UAS systems and ancillary systems that will allow safer conduct of certain jobs such as power line inspection, roof inspection and insecticide delivery in a much safer and economically advantageous manner. By granting this exemption Top Cat Engineering LLC will be allowed to demonstrate UAS aircraf

t capability, systems capability and potential applications to the general public. This will enable Top Cat Engineering LLC to introduce UAV and UAS to the general public in a safe and professional manner.



### Summary that can **b e printed in the public regist** **er Petitioner:**  **Top Cat Engineering LLC Seeks relief from the following sections of 14 C.F.R.:**  14 CFR 21 Part H 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.405(a), 14 CFR 91.407(a)(1), 14 CFR 91.409(a)(2), 14 CFR 91.417(a) and (b)Page 8



### Description of Relief Sought: Petitioner seeks relief from the requirements to conduct commercial small unmanned aircraft systems (sUAS) operations subject to operating procedures that meet or exceed those that FAA requires for similar operations.


### Any additional information, views or arguments available to support your request **:** Please see the introduction to this exemption request. 

### If you want to exercise the privileges of your exemption outside of the **United States, and**  **t he reason why you need to do so**  : The commercial, demonstrations and development operations described in this exemption request will be conducted wholly within the United States. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilities, proximity to airports and p opulated areas and operation within visual line of sight and national security) provide more than adequate justification to grant Top Cat Engineering LLCs, requested exemption, allowing for Top Cat Engineering LLCs UAS commercial operations for the purpose of photography, video and promotional demonstration pursuant to the FOM and POHs. Attachments: NAZA for Multirotor user manual v2.7 Futaba 8J user manual Gadget station GoPro Gimbal guide F450 User Manual v2.1 F550 User Manual v 1.8 Confidential manuals are available upon request.
Sincerely

Joseph LaCola Chief Enginee r Top Cat Engineering L.L.C.