Eastern Topographics - PO Box 970 - 495 Center Street (Rt. 28) - Wolfeboro, New Hampshire 03894-0970

Phone: (603) 569-2400 (fax: 569-8200) Email: mail@e-topo.com

aerial mapping • GPS • digital photogrammetry

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04Nov2015

U.S Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam,

Please find attached Eastern Topographics request for exemption from section 333 of 

the FAA Reform Act and Part II of the Federal Aviation Regulations allowing commercial 

operation of Unmanned Aerial Systems (UAS) for safe and efficient aerial imaging and mapping.

This exemption request is solely for the use of the UAS and its technology manufactured by DJI, 

an international manufacturer located in Shenzhen, China. 

Eastern Topographics (E-TOPO) est. 1977 is a full service aerial mapping/ 

photogrammetry firm based in the Lakes Region Area of New Hampshire that has been 

providing high quality accurate mapping for engineering consultants throughout the New 

England area for the past thirty-eight (38) years. Our flight crew has logged several thousand 

hours of cartographic aerial mapping using Leica RC8 & RC30 cameras in the difficult terrain 

and climatic conditions often encountered in the New England region. E-TOPO is owned by 

Wayne Kelloway who holds a private pilot license with over 7000 hours of recorded flight time. 

He is also a founder and past president of the NH Land Surveyors Association (NHLSA).

E-TOPO is a sustaining member of MAPPS (Management Association for Private 

Photogrammetric Surveyors), NHLSA (New Hampshire Land Surveyors Association), CALS

(Connecticut Association of Land Surveyors), NYSAPLS (New York Association for Professional 

Land Surveyors), RISPLS (Rhode Island Society of Professional Land Surveyors), and 

MALSCE (Massachusetts Association of Land Surveyors and Civil Engineers).

Eastern Topographics UAS (DJI Phantom 3 Advanced Quadcopter {see attached DJI 

Phantom 3 Flight Manual}) is a four propeller electric rotorcraft weighing less than 5 pounds

including payload. It operates at speeds less than 35 knots. It has the capability via GPS to 

return to the original launch point at the push of a button or when the battery level has reached 

25%. This UAS will be operated under 400 feet AGL within visual line of site of the PIC (person 

in control) and the VO (visual observer) who will also be close enough to the PIC to easily 

maintain voice communication. These operations will not create any sort of hazard to the 

national airspace, public or the environment at any time. 
EASTERN TOPOGRAPHICS

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Exemption Request:

Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations; Eastern Topographics is seeking exemption from:

 14 CFR § 21 Subpart H

 14 CFR § 45.23 (b)

 14 CFR § 45.27 (a)

 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)

 14 CFR § 91.409 (a) (1)(2)

 14 CFR § 91.417 (a) (b)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, Eastern Topographics (E-TOPO) is petitioning for an exemption from the 

Federal Aviation Regulations (FAR) listed below so that Eastern Topographics will be allowed 

commercial UAS operation for safe, efficient and up-to-date aerial imaging of secured and 

controlled sites in airspace regulated by the FAA. Being allowed to do so will permit Eastern 

Topographics to provide cost effective mapping to its clients without the use of a conventional 

airplane. This will not only benefit us and our clients it will also benefit the public by utilizing 

battery powered electric flight. Doing so will reduce the amount of fossil fuels that Eastern 

Topographics consumes and will also reduce the amount of carbon emissions created by the 

flight process. Eastern Topographics will be able to establish a level of safety equivalent to or 

better than current CFR Regulations so long as such operations are conducted within and under 

the conditions outlined herein or as may be established by the FAA as required by Section 333.

Name and Address of Petitioner:

Eastern Topographics 

PO Box 970 

495 Center St.

Wolfeboro, New Hampshire 03894

mail@e-topo.com

Telephone Number 1-603-569-2400
EASTERN TOPOGRAPHICS

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Equivalent Level of Safety:

Conditions of Operation to Provide an Equivalent Level of Safety

Eastern Topographics will operate the UAS based on the following limitation of operations:

1. The UAS will weigh less than 5 pounds including payload.

2. The UAS will operate at speeds of less than 35 knots.

3. Flights will only occur during daytime hours. 

4. Flights will last for 15 minutes or until 25% battery life remains, whichever comes first. 

5. All required FAA clearances will be obtained

6. TFRs, distances from airports and No-Drone-Zones will be carefully observed and 

avoided. 

7. The UAS crew will consist of an Operator (Person-in-Control or PIC) and Observer (VO) 

and the UAS will be within visual line of sight of the PIC and VO at all times.

8. The PIC and VO will remain in contact for the duration of the flight. If the flight area is 

large the PIC and VO will remain in contact via two-way radios. 

9. Flights will be terminated if weather/wind non-conducive for flight are present. 

10. Flights will take place at no more than 400 feet AGL.

11. Flights will only be conducted in VFR conditions. 

12. Our UAS will be capable of telling the PIC the distance between it and the PIC and its 

battery power remaining. 

13. The UAS will be capable of returning automatically to its point of origin via GPS.

14. The auto-return function will be checked and working prior to each flight.

15. The UAS will be inspected for damages and functionality prior to each flight. 

16. The PIC will verify the safety of any persons in the area before and during the flight of 

the UAS.

17. The PIC will obtain consent from any person that may be within range of the video 

camera mounted on the UAS. 

18. The PIC will have in possession a written flight plan / activity plan for each site to be 

flown.

19. Maintenance records will be kept at Eastern Topographic’s office in Wolfeboro, NH
EASTERN TOPOGRAPHICS

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Description of Regulations Seeking Exemption:

14 CFR § 21 Subpart H: Air worthiness certificates 

14 CFR 91.203 (a)(1) Civil Aircraft: Certifications required. 

Given the relative size, weight, speed and general use of the UAS to be used by 

applicant Eastern Topographics being exempt from 14 CFR § 21 Subpart H meets any 

of the requirements to provide an equivalent level of safety under Part 11 and Section 

333 of the Reform Act of 2012, both of which give the FAA permission to give 

exemptions for the requirement of an airworthiness certificate when size, weight, speed, 

operations, proximity to airports, proximity to no-drone-zones, and proximity of populated 

areas are taken into consideration. In any case operating UAS without an airworthiness 

certificate in an area that is secured and controlled by the PIC and VO will be as safe or 

safer than operating a conventional airplane with an airworthiness certificate. 

The UAS that will be operated will not travel at a speed of more than 50 knots, and will 

weigh less than 20 pounds including payload. The UAS poses no threat to national 

security because at no time will it carry a Pilot or Passengers, flammable materials, 

explosives, fuel, or any other cargo due to its limited storage/carrying capacity. 

14 CFR § 45.23 (b) Marking of the Aircraft

Given the relative size of the aircraft it would not be possible to place any letters “not 

less than 2 inches nor more than 6 inches high” on the aircraft. However, Eastern 

Topographics name address and phone number have been placed on the UAS in three 

locations (side of fuselage, top of fuselage, and on the side of the battery) so that in the 

case of a crash or fly away the UAS will be able to be identified and returned to the 

owner, where the owner will be held responsible for any damages that occurred as a 

result of the UAS. 

14 CFR § 45.27 (a) Location of Marks; nonfixed-wing aircraft

As stated above the aircraft has been marked in such a way that it can be returned to its 

original owner and the owner will be held responsible for any damages that may have 

occurred. 

14 CFR § 61.113 (a)(b) Private pilot privileges and limitations: Pilot in command.

Because the aircraft being commanded will have no pilots or passengers on board, the 

flight operations being proposed will have achieved an equal or greater level of safety 

than that of a traditional airplane. The area in which the UAS will operate will be

controlled and restricted as possible and all flights will be coordinated before arriving at

the site. 

14 CFR § 91.7 (a) Civil aircraft airworthiness

As no airworthiness certificate will be issued, this regulation is inapplicable. At this time 

there is no FAA standard to determining airworthiness of a UAS. Therefore, pre-flight 

checks will be performed to determine that the UAS is in good working condition and 

does not pose a safety threat to the PIC, VO or any other person that is within operating

distance of the UAS thus providing an equivalent level of safety. 
EASTERN TOPOGRAPHICS

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Description of Regulations Seeking Exemption Continued:

14 CFR § 91.9 (b)(2) Civil aircraft flight manual, marking, and placard requirements. 

Due to the relative size of the UAS there is no capacity to carry a flight manual. Instead 

the PIC and VO will both have a copy of the flight manual on their person. 

14 CFR § 91.103 Preflight action

All actions will be taken as to monitor the weather that will be present on site during the

flight. The battery levels of the UAS and the radio controller, as well as landing/takeoff 

distances will be carefully assessed/determined before the flight. 

14 CFR § 91.109 Flight instruction; Simulated instrument flight and certain flight tests.

This UAS does not allow for dual control operation therefore an exemption from this rule 

is requested. However, the PIC will have a minimum of 50 hours of flight time including 

100+ takeoffs and 100+ landings in a controlled setting before flying the UAS in a public 

setting. Due to the lack of a pilot or passenger on board the UAS (because of the small

size and slow speed), this in-house ground training requirement will provide an 

equivalent level of safety.

14 CFR § 91.119 (c) Minimum safe altitudes: General

Because the UAS is not carrying any pilots, passengers, hazardous explosives, fuel, or 

cargo weighing over 5 pounds, an exemption is requested to fly under 400 feet AGL for 

the purpose of aerial imagery. An equivalent level of safety will be provided by not 

carrying any of the items stated above and by operating within a secure and controlled 

site where buildings and people will not be recorded or photographed without their

written/oral permission. The risk associated with flying UAS at this low of an altitude 

would be far less than that of a conventional aircraft at the same altitude. Additionally, 

flying a UAS at a low altitude such as 400 feet AGL or lower would create a sufficient 

buffer between small UAS and conventional aircraft.

14 CFR § 91.121 Altimeter settings 

An exemption is required because the battery in the UAS above only holds enough 

power to maintain flight for 20-25 minutes. In order to accommodate for this requirement, 

the UAS is designed to return home automatically when the battery levels reach 25% or 

when 15 minutes of flight has occurred whichever comes first. This ratio of time will 

provide an equivalent level of safety to that stated in 91.151 (b) 

14 CFR § 91.203 (a)(b) Civil aircraft: Certifications required. 

Given the weight and size of the aircraft there is no capacity to carry certification and 

registration documents or to display them on the fuselage of the UAS. Instead by

keeping a copy of these documents on both the PIC and VO an equivalent level of safety 

will be achieved. 

14 CFR § 91.405 (a) Maintenance required. 

At this time there are no regulations for inspections on UAS. Therefore, an equivalent

level of safety will be provided by inspecting the aircraft before each use and verifying 

that no parts are damaged or broken and that the return home function is operating 

properly. 
EASTERN TOPOGRAPHICS

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Description of Regulations Seeking Exemption Continued:

14 CFR § 91.407 (a) Operation after maintenance. Preventative maintenance, rebuilding, 

or alteration. 

This regulation does not apply to this UAS because it cannot hold any passengers or 

cargo. Due to its size, speed and weight an equivalent level of safety will be provided by 

performing pre-flight checks for damage, battery levels and overall functionality of the 

UAS. 

14 CFR § 91.409 (a) (1)(2) Inspections. 

This regulation does not apply to this UAS because: (a) If granted the UAS will not have

an airworthiness certificate. (b) The UAS above cannot hold passengers or cargo and 

due to its size, speed and weight. An equivalent level of safety will be provided by 

performing pre-flight checks for damage, battery levels and overall functionality of the 

UAS. 

14 CFR § 91.417 (a) (b) Maintenance records. 

In order to maintain an equivalent level of safety, maintenance and repair logs will be

kept on file at the Eastern Topographics office in Wolfeboro, NH. These logs will include 

who performed maintenance, description of work performed, what was replaced 

(including part numbers and cost), when it was replaced, what the predicted cause of 

malfunction was, and an overall inspection of other parts and mechanical systems of the 

UAS. 
EASTERN TOPOGRAPHICS

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Summary:

Eastern Topographics is seeking relief from the following sections of the Title 14 Code of 

Federal Regulations, 14 CFR § 21 Subpart H, 14 CFR § 45.23 (b), 14 CFR § 45.27 (a), 

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), 14 CFR § 91.409 (a) (1)(2), 

14 CFR § 91.417 (a) (b)

Approval of E-TOPO’s petition for exemption allowing commercial operations of UAS for 

the purpose of aerial mapping/photogrammetry will enhance the safety of its employees and the 

public by not requiring the use of a conventional airplane. By doing so E-TOPO will reduce the 

amount it will have to fly an airplane carrying flammable fuel in close proximity to populated 

areas. The use of a UAS will also dramatically decrease the amount of carbon emissions 

expelled into the environment during the flying process. 

E-TOPO respectfully requests the FAA grant its exception without delay. The FAA has 

the authority to issue the exemption sought by CTC pursuant to the Federal Aviation Act, 85 

P.L. 726 (1958) as amended (the ACT). Thank you for your time reviewing this petition, and if 

any questions should arise feel free to contact us immediately. 

Sincerely, 

Wayne J. Kelloway, President/CEO

Lakes Region Survey Service, Inc. 

d/b/a Eastern Topographics

PO Box 970 

495 Center St.

Wolfeboro, NH 03894