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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 91.409(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 from 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)
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Top Cat EngineeringLLC’s background

Top Cat Engineering LLC intends 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 sUAS 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 includes

but may not be limited to; flight planning and guidance subsystems, obstacle 

avoidance systems, collision avoidance /control and mitigation, and simple working 

machines designed to be deployed and/or delivered by sUAS.

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

too confining for conventional aircraft.

Description of aircraft and systems operated by Top Cat Engineering LLC

Currently Top Cat Engineering operates variations of the DJI Flame Wheel 450 and 

550 multi rotor copter utilizing DJI NAZA-M and 3DR Pixhawk control systems. 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 8000mah charge 

capacity. The maximum takeoff weight will be no greater than 35 lbs.

Top Cat Engineering LLC’s proposal for 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 will 
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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 spectrum.

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 trained in 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 operate within a pre defined controlled area. This area will 

be secured 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 

governmental 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 

operation 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 and 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 Engineering 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 certificate

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 gasoline or jet fuel. The UAV will be 

operated within visual line of site. It is for the preceding reasons that Top Cat 
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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 in grant 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 Command

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 certificate 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 class 

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 pilot 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 pertinent 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 including 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 91.109: 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 91.119: 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 specifically 
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defined area. At no time will the UAV be operated directly over a person. In The 

event flight takes place over public lands, 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 such 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-2014-0894)

14 CFR 91.121: 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 reporting 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 & High 

Adveture Air Inc. number 11461 Regulatory Docket No. FAA-2015-0270 )

14 CFR 91.151(a): Fuel requirements

Top Cat Engineering LLC, seeks exemption from 14 CFR 91.151(a). The sUAS is

powered 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 operations manual as well 

as the DJI User’s Manuals. 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 be 
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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 

Regulatory 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 photography, 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 outlined 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 aircraft 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 be printed in the public register

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)
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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 the 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

populated 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

Futaba 8J user manual

Gadget station GoPro Gimbal guide

F450 User Manual v2.1

F550 User Manual v1.8

Confidential manuals are available upon request.

Sincerely

Joseph LaCola

Chief Engineer

Top Cat Engineering L.L.C.