Christopher M Litzkow

600 Paradise Drive

Stoughton, WI 53589

608­345­6970

chrislitzkow@gmail.com

Attention:

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 U.S. Department of Transportation:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 CFR Part 11, Christopher M. Litzkow, a certified State of Wisconsin Police Officer, FAA

licensed private pilot and operator of an Unmanned Aircraft System (UAS), hereby applies for

an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial

operation of its UAS, 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.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and

sensors, would operate in the following manner:

● Aerial video/photography or providing live video feed to assist with search and rescue

operations, and reconnaissance in cases of an emergency or natural disaster only when

the local authorities or government has requested it by mutual­aid request, contract or

donation. UAS will only be used for gathering evidence of a crime when the operator is

provided with a valid search warrant which meets all State and Federal requirements,

including authorization by a judge.

● Aerial photography and/or video for public and/or private use including real estate,

agriculture use, architecture, land surveying, engineering, mapping and other related

professional activities.
● Aerial video and/or photography for public and/or private use including television,

public/private events, cinematography and news gathering.

● Aerial inspection/photography of residential/commercial structures under contract with

the owners or local government authority.

● Flight demonstration and instruction on the safe operation of UAS aircraft.

As described fully below, the requested exemption would permit the operation of a UAS under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d)

will provide safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill 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 petitioner/applicant is:

Christopher M. Litzkow

600 Paradise Drive

Stoughton, WI 53589

608­345­6970

chrislitzkow@gmail.com

Applicant Information

The applicant, Christopher M. Litzkow is holder of a Current Private Pilot Certificate # 2689205,

issued 18 FEB 2002. In addition to being an FAA approved pilot, Christopher M. Litzkow is a

current, full­time, sworn law enforcement officer for a Wisconsin statewide law enforcement

agency. Knowledgeable in NAS aeronautical rules and regulations, as well as being trained in

the recognition of dangers to both persons and property, the applicant has an in depth

understanding of the capabilities and safety concerns involved in using this technology as an

asset to the community. Applicant has over 400 hours of experience flying manned

single­engine aircraft, and approximately 120 hours of flying time with UAS platforms the

same/similar to those described in this petition. Applicant shall, at all times, be assisted by a

trained Visual Observer (VO). Satisfaction of criteria provided in Section 333 of the Reform Act

of 2012 provide more than adequate justification for the grant of the requested exemptions

allowing the commercial operation of the applicant’s UAS.

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)

Christopher M. Litzkow Seeks to Operate the Following Types of UAS:

● DJI Phantom 3 Professional​, with a takeoff weight of 2.82 lbs. The DJI Phantom 3

Professional will be controlled with the accompanying DJI manufactured remote

controller with an operating frequency of 2.400GHz . The live video feed will have an

operating frequency of 5.80GHz. The applicant will operate the UAS in line of sight within

a predetermined safe area.

Copies of the following manuals and literature, which contain proprietary information, are

linked hereto as Exhibits:

Exhibit 1 ­ DJI Phantom 3 Professional Manual [View PDF]

Exhibit 2 ­ DJI Phantom 3 Professional Specifications [View PDF]
● DJI Inspire 1​, with a takeoff weight of 6.47 lbs. The DJI Inspire 1 will be controlled with

the accompanying DJI manufactured remote controller with an operating frequency of

2.400GHz . The live video feed will have an operating frequency of 5.80GHz. The

applicant will operate the UAS in line of sight within a predetermined safe area.

Copies of the following manuals and literature, which contain proprietary information, are

linked hereto as Exhibits:

Exhibit 3 ­ DJI Inspire 1 Manual [View PDF]

Exhibit 4 ­ DJI Inspire 1 Specifications [View PDF]

● DJI S1000​, with a takeoff weight of 12.6 lbs. The DJI S1000 will be controlled with a

Spektrum Brand manufactured remote controller with an operating frequency of

2.400GHz. The live video feed will have an operating frequency of 5.80GHz. The

applicant will operate the UAS in line of sight within a predetermined safe area.

Copies of the following manuals and literature, which contain proprietary information, are

linked hereto as Exhibits:
Exhibit 5 ­ DJI S1000 Professional Manual [View PDF]

Exhibit 6 ­ DJI S1000 Professional Specifications [View PDF]

● Blade Chroma​, with a takeoff weight of 1280g or 2.82 lbs. The Blade Chroma will be

controlled with the accompanying Blade manufactured remote controller with an

operating frequency of 2.400GHz . The live video feed will have an operating frequency

of 5.80GHz. The applicant will operate the UAS in line of sight within a predetermined

safe area.

Copies of the following manuals and literature, which contain proprietary information, are

attached hereto as Exhibits:

Exhibit 13 ­ Blade Chroma Manual [View PDF]

Exhibit 14 ­ Blade Chroma Specifications [View PDF]

Given the small size of the UAS 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 requests that the FAA grant the requested exemption with minimum

delay.

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:

● The UAS, including payload will weigh less than 55 lbs.

● The UAS will have a maximum operating speed of no more than 49mph.

● Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual

Observer (VO).

● Flights will be terminated at 25% battery power reserve. Maximum flight time varies

based on available battery technology.

● Flights will be operated at an altitude of no more than 400 feet Above Ground Level

(AGL).

● Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO)

and may include but not limited to a Camera Operator.

● The UAS pilot will be the designated Pilot in Command (PIC) and hold an FAA Pilot’s

License with a Third or higher Class Medical Certificate or valid state driver's’ license. If

the PIC knows another operator to be qualified with the necessary skills to be PIC, and

holds an FAA Pilot’s License along with a Third or higher Class Medical Certificate or

valid state driver's license, that person may be designated PIC provided they have a

minimum of 20 hours of flight time with the specific UAS.

● A briefing will be performed regarding the planned UAS operations prior to each day’s

flight consisting of all the days’ activities.

● All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

● The flights will occur no closer than a 5 mile radius of the geographic center/Airport

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

● 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.

● The operator will file FAA Form 7711­1, 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.
● 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 required under the FOM. With the advanced permission

of the FSDO, operations at closer range may be approved.

● The PIC and VO will have been trained in operation of UAS and receive up­to­date

information for the particular UAS to be operated.

● The PIC and VO will be able to communicate by voice, radio, phone, and/or text at all

times.

● 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.

● If the UAS loses communications with the remote controller or loses GPS signal, or

reached the preset “reserve” battery power, the UAS will have the capability to return to

the pre­set launch location and autonomously.

● The UAS operator will have the capability to abort a flight in case of unpredicted

obstacles, weather, or emergencies.

● UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1.

● All flight operations will be recorded into a log, with all records available for viewing by

governing agencies.

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. including payload, carries neither a pilot

nor passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a 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 light­sport 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," "light­sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption is 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, two­inch lettering will be impossible. The word

“Experimental” will be placed on the fuselage in compliance with §45.29 (f).

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 risks inherent 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 have a Pilot’s License

along with a Third Class or higher Medical and a valid state driver's’ license, exceeding the

current safety levels in relation to 14 CFR 61.113 (a) & (b).

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 check lists 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

Section 91.103 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.

14 C.F.R. §91.109: Flight Instruction

Section 91.109 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 ground station 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 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 pre­obtained consent.

The equivalent level of safety will be achieved given the size, weight, 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 currently presented with conventional aircraft operating at or below 500

AGL. In addition, the low­altitude 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

exemption may be needed. An equivalent level of safety will be achieved by the operator,

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the

launch site shown on the GPS altitude indicator before flight. Each of the UAS the applicant

may operate will include the ability to preset a maximum AGL altitude, ensuring the aircraft will

not inadvertently exceed those limitations.

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.”
The battery powering the UAS listed herein have a battery life of approximately 25 minutes or

less of powered flight. To meet the reserve requirements in 14 CFR §91.151, UAS of the

Petitioner proposes to use would be rendered useless.

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, with less than 30

minutes of reserve fuel, 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. Additionally, limiting UAS flights

to 30 minutes would greatly reduce the utility for which the exemption will be granted. Applicant

believes that an equivalent level of safety can be achieved by terminating all flights at 20% of

battery power remaining.. 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 no more than 55 lbs. 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 section 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 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 .The operator will ensure

that the UAS is in working order prior to initiating flight and perform required maintenance

needed.

Privacy Concerns and Public Awareness

The petitioner is aware that a high degree of sensitivity needs to be placed on ensuring the

privacy rights of persons within the UAS operating area, and makes the following statements

related to such concerns:

● The UAS will never be operated surreptitiously to capture photographic or video images

of any person or property without that person or property owner's prior consent.

● Any images inadvertently captured from areas where a reasonable expectation of

privacy exists will be destroyed immediately upon discovery, and the Petitioner will

modify future flight operations to avoid such areas.

● The Petitioner will continuously monitor applicable state and federal privacy laws in order

to maintain compliance.

● The Petitioner will wear identifiable clothing indicating that he/she is a PIC of a UAS

system whenever flight operations are taking place.

● The Petitioner will make available his full name, phone number, and if granted, FAA

exemption number to any persons requesting it.

Conclusion

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA)

Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safely in the NAS. As such, Christopher M. Litzkow’s request for exemption may be

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth

above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification. As

discussed in detail above, Christopher M. Litzkow will operate the DJI Phantom 3 Professional,

DJI Inspire 1, DJI S1000, or Blade Chroma safely in the NAS without creating a hazard to users

of the NAS, or the public, or otherwise pose a threat to national security.
WHEREFORE, the Petitioner finds all requested exemptions fall within the scope or prior

granted exemptions, and in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Reform Act of 2012, Section 333,

Christopher M. Litzkow respectfully requests that the Administrator grant this Petition for an

exemption from the requirements of 14 C.F.R Sections 39 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit

Christopher M. Litzkow to operate the DJI Phantom 3 Professional, DJI Inspire 1, DJI S1000, or

Blade Chroma for the purpose of conducting commercial aerial flights as described herein.

Respectfully Submitted on August 24, 2015.

Christopher M. Litzkow