March 18, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam,

This petition is being submitted on our own behalf without legal counsel or consulting services. 

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

C.F.R. Part 11, Top Intel, Inc. (TII), an Iowa based company operating a Small Unmanned Aircraft System 

(sUAS) equipped to conduct aerial photography and survey for various industries, hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS 

commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such 

operations are conducted with and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333.

Top Intel Advanced Aerial Imaging is a partner of Roboflight and agrees with their proposed rul es and 

safety equivalents of unmanned vehicles.

The requested exemption would permit Top Intel to pursue its commercial interests in providing 

services to consumers interested aerial data capture using a small advanced sUAS in the following areas:

 Agricultural Surveying

 sUAS Operator Training

 Real Estate Photography

 Product Demonstrations

 Research and Development

TII states that all sUAS flights that will occur over private or controlled access property will do so with 

the property owner's prior consent and knowledge and that only people who have consented or 

otherwise have agreed to be in the area where photography and videography will take place will be 

captured.

Additionally, TII pilots hold FAA Commercial Pilot Licenses with Class II Medical Certificates and if 

observers are not qualified pilots, they will be trained by TII pilots to understand the proper roles of an 

observer, communication procedures, proper visual scan techniques, operations at non-towered 

airports, and appropriate sections of the Aeronautical Information Manual.
Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45. 23(b)

14 C.F.R. 61. 113(a) and (b)

14 C.F.R. 91. 7 (a)

14 C.F.R. 91. 9(b) (2)

14 C.F.R. 91. 109

14 C.F.R. 91. 119

14 C.F.R. 91. 121

14 C.F.R. 91. 151(a)

14 C.F.R. 91. 203 (a) & (b)

14 C.F.R. 91. 205 (b)

14 C.F.R. 91. 215

14 C.F.R. (91. 401 - 91. 417)

Unmanned Aircraft System

sUAS are a feasible method to obtain information of agricultural cropland to determine optimum inputs 

that result in cost savings to farmers, yield security, and reduce environmental impact of excess 

fertilizers and chemicals in soil.

We are petitioning for exemption to enable TII to operate a DJI Phantom 2 Vision Plus multi-rotor 

equipped with a three-axis gimbaled camera, a DJI S-900 multi-rotor equipped with a three-axis 

gimbaled camera, and an RF-70 fixed wing sUAS equipped with a fixed position multi-spectral camera. 

These sUAS all weigh less than 25 lbs, have a built-in capability to limit the height it flies above the

ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and 

D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot 

system, which means when the communication between the Main Controller and the transmitter is lost, 

the system will automatically trigger Return to Home and will land safely.

The above specifications meet standards listed below, some derived in accordance with the Model 

Aircraft Operating Standards:

 The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will 

operate at sites that are a 'sufficient distance' from populated areas within the sterile area 

described in the operators manual. Such operations will insure that the sUAS will "not create a 

hazard to users of the national airspace system or the public."

 When flying an sUAV within 3 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-scale aircraft.

 Maximum flight time for each operational flight will be 60 minutes.

 Flights will be terminated at 25% battery power reserve should that occur prior to the 60 minute 

limit.
 The sUAV will be programmed so that it will not be operated at an altitude of no more than 600 

feet AGL, and not more then 200 feet above an elevated platform from which filing is planned

 Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

 The sUAS PIC's (Pilot in Command) will be an FAA licensed airman holding an FAA Commercial 

License with a current Class II Medical.

 The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbal).

 The sUAS will operate at speeds of no more than 55 knots.

 Given the small size of the sUAS and the restricted sterile environment within which they will 

operate, our sUAS operations adhere to the Reform Act's safety requirements.

Additionally, the fact that the TII pilots hold FAA Pilot certificates demonstrates that they have a high 

regard to safe operations with an understanding of FAR's, pre-flight inspections, maintenance and repair, 

operations within airspace, as well as being trained to high safety standards.

Under the requested exemption TII ensures that all operators have completed a small unmanned 

aircraft systems (UAS) education and training program including all applicable regulations and guidance 

documents; including aeronautical background information such as charts, NOTAMS and Aircraft 

Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic 

Small UAS Aerodynamics; Weather factors; Airmanship and Decision-making and Safe Operating 

Procedures.

We Respectfully request exemption under Section 333 to enable TII to operate safe, low-risk commercial 

sUAV operations for the activities stated. TII at all times will respect the space and privacy of citizens 

and property whilst keeping our skies safe.

Sincerely

Nate Steier

Flight Operations Manager

Top Intel Advanced Aerial Imaging, Inc

29675 Coldwater Ave

Honey Creek, IA 51542

402-214-9185

Nate@Topintel.com
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Top Intel Advanced Aerial Imaging requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type 

and supplemental type certificates flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations Since the experimental 

certificate can be used for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would permit our commercial 

purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly 

under strict operational requirements. Combined with the UA's light weight, being constructed 

primarily of foam, carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not 

safer, than a conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR 

Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent 

level of safety outlined in the previous paragraphed.

14 CFR 45.23 Display of marks; general and 45. 29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have 

an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number 

assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the 

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and other 

in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. 

Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the 

aircraft's registration information a the ground station. Finally, we will display at the ground station a 

high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 

inches high or greater. Since the aircraft will operate within .5 miles of the ground station, the banner 

should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.
14 CFR 91. 7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 CFR 91. 9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation, the documentation would 

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet 

the intent of 91. 9, we propose that a current, approved sUAS Flight Manual must be available to the 

crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91. 109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls." The sUAS ground-based control station consists 

of a small hand-held radio transmitter and while it does not offer a second set of "controls", both the 

student and instructor can, and will, operate the single set of controls simultaneously. With both 

student and instructor having "hands-on" the controls during flight, we feel that this technique meets 

the intent of 91. 109 and provides an equivalent level of safety.

14 CFR 91. 119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be 

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer 

than 500 feet to the items listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-flight planning has taken place. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the 

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be 

considered in granting the exemption.

14 CFR 91. 121 Altimeter Settings.

The regulations requires that aircraft shall maintain cruising altitudes by refere3nce to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 600 feet AGL and will not 

need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground 

Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board 

computer to the display screen held by the PIC, providing a constant updated AGL readout.

14 CFR 91. 151 Fuel requirements for flight in VFR conditions.
The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for 

delays to landing. The sUAS are battery operated and the maximum duration of flight form a single 

battery charge is 12-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will 

never fly more then .5 NM from the point of intended landing, a full battery charge at launch will ensure 

that we meet the reserve energy requirement of this paragraph. We request an exemption to the word 

"fuel" and ask for an equivalent interpretation with the word "energy". We also request an exemption 

from the 30 minute reserve and ask that our reserve will be to fly the mission to the point of intended 

landing and have at least a 20% battery reserve after that.

14 CFR 91. 203 (a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew." With our largest vehicle, the RF-70, at a maximum gross weight of 13 

pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of 

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91. 203, we 

propose that documents deemed appropriate for this aircraft bye the FAA will be co-located with the 

crew at the ground control station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and registrations certificates 

permanently affixed to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45. 23.

14 CFR Subpart E (91. 401-91. 417) - Maintenance, Preventive Maintenance, Alterations.

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91. 407 and 91. 409 require 

that the aircraft be "approved for return to service by a person authorized under 43. 7" after 

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the 

aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed inspections 

after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, 

replacing propellers, checking electrical connections and updating software and firmware for the onboard computer. All other maintenance will be performed by the manufacturer or their designated 

repair facility. The PIC will document work performed in accordance with 91. 417. We feel that due to 

the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.