Aloft Images

James M. Rau, Owner

1307 Falling Leaf Lane

Taylor Lake Village, TX 77586

Phone: 281-326-2471

Email: mike@aloftimages.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

 

September 14, 2015

RE: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 Submitted by Aloft Images and James 

Michael Rau, Owner. Applicant name and Address: James Michael Rau 1307 Falling Leaf Lane Taylor Lake Village, TX 

77586

To whom it may concern:

Aloft Images, owned by James Michael Rau, pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained in 14 C.F.R. 11, is requesting exemption from the following Federal Aviation Regulations (FARs) to 

allow the commercial operation of its Unmanned Aircraft Systems (UAS):

14 CFR 21, Subpart H

14 CFR 45.23

14 CFR 45.29

14 CFR 61.113, (a) and (b)

14 CFR 61.133

14 CFR 91.9

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151

14 CFR 91.203

14 CFR 91.405

14 CFR 91.407

14 CFR 91.409

14 CFR 91.417

(Please refer to Appendix A for Aloft Images detailed exemption requests related to the above FARs)

Extent of Relief Requested

To permit Aloft Images to conduct operations within and under the conditions outlined herein or as may be established 

by the FAA as required by Section 333. Said exemption would permit the operation of Aloft Images UAS under 

controlled conditions in limited, predetermined and controlled airspace. Upon granting of this proposed exemption 

request, Aloft Images would conduct commercial operations of UAS meeting or exceeding all operational and safety 

requirements per Section 333.

Aloft Imaging is requesting a grant of exemption for commercial aerial data collection to include operations with its UAS 

in the fields of real estate videography and still imaging, property survey, agricultural survey, wildlife and forestry 

management, pipeline survey, industrial plant survey, construction project survey inspections and if requested, search 

and rescue operations. As the FAA has previously issued grants of exemption in circumstances similar in all material 
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respects to those presented in this petition, Aloft Images and James Michael Rau respectfully request a summary grant 

of this petition.

(Please refer to Appendix B for supporting examples of previous grants of exemption)

Benefit to Public as a Whole

If granted the relief sought herein, Aloft Images will be able to provide services to the public that will allow for a minimal 

negative environmental impact through the use of its UAS versus conventional aircraft (airplanes and helicopters). Aloft 

Images UAS are unmanned, powered electronically and therefore carry no combustible liquids or produce exhaust which 

would be harmful to the public or the environment and have a much lower noise footprint than conventional aircraft. 

Aloft Images UAS will also be able to conduct operations over areas that might be difficult or dangerous for a person or 

persons to maneuver through. And finally, Aloft Images will be able to offer aerial imaging and surveying services to 

businesses at a much lower cost than conventional aircraft which will lead to economic benefits for companies of any 

size, but in particular for smaller businesses, which are the backbone of our economy. 

Aircraft and Equivalent Level of Safety

Aloft Images operates UAS which are all under 55 pounds in weight including payload and are manufactured by DJI, a 

leader in the UAS industry. Aloft Images is proposing approval for DJI UAS models: Phantom-2, Phantom-3, Inspire 1, 

S900 with A2 controller and S1000 with A2 controller. All listed DJI UAS have programmable return to home functions as 

well as programmable limitations for distance and altitude. All aircraft are GPS enabled with safety features such as 

altitude hold, return to home functions and in the case of the S900 and S1000 can operate safely with a malfunctioning 

motor.

Aloft Images UAS all operate on the FCC compliant frequencies of 902 to 928 MHz, 2.4 to 2.4835 GHz and 5.725 to 5.875 

GHz. 

(Please refer to Appendix C for complete details on the UAS that Aloft Images operates including specifications)

Aloft Images will use the following operating practices and guidelines to ensure at least an equivalent or higher level 

of safety than operations under existing FARs:

1. As mentioned in the previous section, all of the proposed UAS have an operating weight of less than 55 pounds, 

including payload.

2. No UAS will be operated at an airspeed in excess of 87 knots (100 mph). Airspeed will be monitored and 

controlled utilizing groundspeed as reported by the UAS GPS system.

3. UAS operations will be normally operated below 200 feet above ground level (AGL) and under no circumstances 

operated above 400 feet AGL. Altitude will be reported in feet AGL by the UAS internal GPS system which will be 

calibrated by the designated Pilot in Command (PIC) prior to each flight.

4. All UAS flight operations will be conducted in Day Visual Flight Rules (Day VFR). No flight operations will be 

conducted in Class A, B, C or D Airspace. No UAS will be operated less than 500 feet below or less than 2,000 

feet horizontally from a cloud, or when visibility is less than 3 statute miles from the PIC. 

5. All flight operations will ensure that the UAS remains at least 500 feet from all non-participating persons, 

vessels, vehicles and structures. Additionally, the UAS will remain clear and give way to all manned aviation 

operations and activities at all times.

6. All flight operations will be conducted over private or controlled access property with permission from the 

property owner or authorized representative. This permission will be obtained for each flight to be conducted. 
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7. The UAS will be operated within visual line of sight (VLOS) of the PIC at all times. The PIC will always be able to 

use human vision, unaided by any device other than corrective lenses to maintain VLOS. A Visual Observer (VO) 

will be present for all flight operations. The PIC and VO will maintain verbal communication without electronic 

aid for the entirety of each flight operation.

8. All flight operations will be operated with a planned flight time of 20 minutes. However, flights will be 

terminated at 25 percent battery power reserve should that occur prior to the 20 minute limit.

9. The proposed UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies 

through use of the previously mentioned DJI, Inc. proprietary “Home” function which automatically returns the 

UAS to the ground station.

10. In the event one of the proposed UAS lose communications or loses its GPS signal, the UAS will have the 

capability to return to a predetermined location and land safely. The location will remain clear of all persons 

and property for the duration of the flight.

11. The PIC will be designated prior to each flight operation and will not transfer his or her designation for the 

duration of the flight. Prior to any flight operation, the PIC will brief the VO on all aspects of that particular flight 

operation and ensure that the VO can perform the duties required of the VO. Additionally, the PIC will conduct 

a pre-flight inspection to determine that the UAS is in a condition for safe flight prior to commencing any flight 

operation. 

12. Any PIC utilized for flight operations by Aloft Images will undergo Aloft Images in-house training prior to 

operating any UAS for commercial use. This training will include Situational Awareness Training, Airspace 

Education, FARs applicable to Aloft Images Flight Operations, as well as flight training on the proper operation of 

Aloft Images UAS. Any PIC utilized by Aloft Imaging will hold either an Airline Transport, Commercial, Private, 

Recreational or Sport Pilot certificate. Additionally, he or she must also hold a current FAA Airman Medical 

Certificate or current and valid U.S. Driver’s License.

13. Any VO utilized by Aloft Images will undergo Aloft Images in-house training prior to operating any UAS for 

commercial use. This training will include Situational Awareness Training, Airspace Education, as well as FARs 

applicable to Aloft Images Flight Operations.

14. Training records for all PICs and VOs utilized by Aloft Images will be maintained in a dedicated training log.

15. The PIC will ensure that a copy of the granted exemption as well as any other operating documents needed to 

operate the UAS in compliance with the conditions and limitations stated in the granted exemption are present 

and accessible during all flight operations.

16. All of Aloft Images UAS will be maintained in accordance with DJI (manufacturer) instructions, including

compliance with all Safety Bulletins. If at any time maintenance is performed on an Aloft Images UAS that affect 

UAS operation or flight characteristics, a functional test flight will be conducted by a PIC and VO prior to 

conducting further operations under the granted exemption. This functional test flight will remain at least 500 

feet away from other people and will not be conducted so as to impose an undue hazard to persons or property.

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be 

determined that publication is needed: Aloft Images is seeking an exemption from the following rules: 14 CFR Part 21 

Subpart H, 14 CFR 45.23, 14 CFR 45.29, 14 CFR 61.113(a) and (b), 14 CFR 61.133, 14 CFR 91.9, 14 CFR 91.103, 14 CFR 

91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 CFR 91.203, 14 CFR 91.405, 14 CFR 407, 14 CFR 409, 14 CFR 

417 and FAA Policy 8900.227 Paragraph 16 (c)(4) and Paragraph (e)(1) to operate commercially small unmanned vehicles 

(55 pounds or less) for real estate videography and still imaging, property survey, agricultural survey, wildlife and 

forestry management, pipeline survey, industrial plant survey, construction project survey inspections and if requested, 

search and rescue operations. As established by the UAS exemptions already granted by the FAA, allowing commercial 

operations of UAS in these industries will enhance safety by reducing risk. Conventional aircraft photography and survey 

operations using reciprocating or turbine aircraft operate at low altitudes and present the risks associated with aircraft 

that weigh thousands of pounds, and carry large amounts of fuel. Such aircraft must also fly to and from the operating

location. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries virtually eliminates all of that risk 
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given the small size and lack of combustible fuel. The UAS is carried and not flown to a location. In this regard, the UAS 

carries no passengers or crew, therefore will not expose anyone to the risks associated with manned flights. The 

operation of UAS conducted in accordance with this request will provide an equivalent level of safety supporting the 

grant of the exemption requested herein. The UAS operate at slow speeds, close to the ground, and within a limited 

range. As a result, they are far safer than conventional operations conducted with reciprocating or turbine aircraft

carrying fuel and flying near the ground and people. 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 Aloft Images requested 

exemption, allowing for Aloft Images to perform commercial operations for the above mentioned industries.

Sincerely,

James Michael Rau, Owner

Aloft Images

1307 Falling Leaf Lane

Taylor Lake Village, Texas 77586

Phone: 281-326-2471

Email: mike@aloftimages.com
5

Appendix A

Summary of FARs from which this exemption is requesting exemption.

14 CFR §21, Subpart H: Airworthiness Certificates 

14 CFR §21, Subpart H addresses Airworthiness Certificates. Given the size and limited operating area associated with 

Aloft Images UAS, this 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 the UASs 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 UASs. In all cases, an analysis of 

these criteria demonstrates that a UAS operated without an airworthiness certificate, in a 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.

14 CFR §45.23: Display of marks; general

Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display the registration number on the 

side of the aircraft, and at various positions "near each entrance to the cabin, cockpit, or pilot station, in letters not less 

than 2 inches nor more than 6 inches high". Aloft Images UAS do not have a cabin, cockpit, passengers or crew, and as 

such has no means of mounting it to these structures. Aloft Images proposes that it keeps identification information and 

all required operating documents with the PIC and VO at the ground station. Aloft Images also proposes that in place of 

the markings required by 14 CFR 45.23, it keeps registration information and the AALLC mailing address, email address, 

and phone number permanently affixed to a visible exterior surface of the AALLC OCTO.

14 CFR §45.29: Size of marks

Subsections (a) and (b) of 14 CFR 45.29 provide for the size and dimensions of the markings noted in 14 CFR 45.23. 

Subsection (b) section (iii) states that "Marks at least 3 inches high may be displayed on an aircraft for which the FAA has 

issued an experimental certificate under§ 21.191 (d),§ 21.191 (g), or§ 21.191 (i) of this chapter to operate as an 

exhibition aircraft, an amateur-built aircraft, or a light-sport aircraft when the maximum cruising speed of the aircraft 

does not exceed 180 knots CAS". Aloft Images proposes that the mounted identification information listed in the 

previous two sections will be sufficient for identification for Aloft Images UAS. As Aloft Images UAS are all under 10

pounds including payload and do not have the space on board to post 3 inch letters, Aloft Images proposes that we 

maintain all of our UAS registration information and the Aloft Images identification information (mailing address, email 

address, phone number, or any other information the FAA deems relevant for identification purposes) permanently 

affixed to a visible exterior surface of our UAS and with the PIC and VO on the ground.

14 CFR §61.113(a) and (b): Private Pilot Privileges and Limitation

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to noncommercial operations: Because Aloft Images

UAS will not carry a pilot or passengers, the proposed operations can achieve an equivalent level of safety of current 

operations by requiring all operations to be supervised by (at minimum) an individual holding a Private Pilot license 

rather than requiring that individual to hold a commercial pilot’s license to operate a small UAS. Unlike conventional 

manned aircraft, a ground-based operator remotely controls a UAS. The operational area is limited, and all flights are 

planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a UAS are far lower 

from those associated with commercial operations contemplated by Part 61. Allowing operational control of a UAS by a 

private pilot exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).

14 CFR §91.9: Civil aircraft flight manual, marking, and placard requirements

Section 14 CFR 91.9 requires those operating an aircraft to keep a Flight Manual on board the aircraft during operation. 

Aloft Images requests an exemption from this section as Aloft Images UAS do not carry passengers or crew and would 
6

not benefit from keeping a Flight Manual on board the aircraft during operation. Aloft Images will keep a Flight Manual 

with the PIC and VO at the ground station.

14 CFR § 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA approved 

rotorcraft flight manuals will not be used, an exemption is requested. However, Aloft Images shall maintain an 

equivalent level of safety: The PIC will take all actions, including reviewing weather, airspace, NOTAMS, TFRs flight 

battery requirements, landing and takeoff distances, and performance data before commencement of flight. 

Additionally all of Aloft Images UAS will be checked for security of attached components prior to every flight.

14 CFR § 91.109: Flight Instruction 

Section 91.109 states: “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.” Aloft Images proposed UAS will be operated utilizing 

an autopilot to maintain controlled flight, and all UAS are programmed to return to a level attitude and hover when the 

controls are returned to a neutral position. Because of these built in safety features, dual control is not necessary in 

order to maintain an equivalent level of safety proposed by section 91.109 during training. Aloft Images shall conduct all 

training in a controlled environment as to not cause undue harm or damage to persons or property.

14 CFR 91.119: Minimum safe altitudes: General

14 CFR 91.119 requires that the PIC operate at “... an altitude of 500 feet above the surface, except over open water or 

sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure." Following current FAA guidelines, Aloft Images UAS will operate below 400 feet AGL and

within VLOS of the PIC at all times. Considering that Aloft Images intends to operate within VLOS and below 400 feet, an 

exemption is needed to allow these operations. Aloft Images will operate within all guidelines and proposed operation 

procedures outlined above. additionally, Aloft Images UAS will operate only over private property with written 

permission from the property owner for flight, image capture, image storage, and image transfer (in accordance with 

Texas House Bill 912, published September 2013).

14 CFR §91.121: Altimeter Settings 

Section 91.121 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 a 

UAS may not have a barometric altimeter, but instead reference a GPS altitude, an exemption is needed. Aloft Images 

will achieve an equivalent level of safety, confirming the altitude of the launch site shown on the GPS altitude indicator 

before each flight.

14 CFR §91.151: 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 – (1) During the day, to fly after that for at least 30 minutes. . . .” The batteries powering 

Aloft Images UAS provide approximately 30 minutes of powered flight. Therefore Aloft Images UAS cannot meet the 30-

minute reserve requirement in 14 CFR §91.151. In lieu of this requirement Aloft Images proposes that our UAS flights 

will only be operated in day VFR conditions and will be terminated at 25% remaining battery life or better. Aloft Images 

believes that an equivalent level of safety can be achieved by limiting flights to 25% of battery power. This restriction 

would be more than adequate to return the UAS to the pre-determined landing zone from anywhere within their limited 

operating range. 

14 CFR §91.203: Civil Aircraft; Certifications Required

Section 14 CFR 91.203 requires that aircraft carry on board the aircraft's Airworthiness Certificate. The subsection (b) 

further states that the Airworthiness Certificate should be "displayed at the cabin or cockpit entrance so that it is legible 

to passengers or crew". Aloft Images has requested an exemption in the previous section (14 CFR 21; Airworthiness 

Certificates). In the event that the FAA required Aloft Images to obtain an experimental Airworthiness Certificate, Aloft 
7

Images would pursue such a certification and keep the relevant information on the ground with the PIC and VO at their 

designated ground station. Subsection (b) does not apply to the Aloft Images UAS, as they do not carry passengers or

crew, or have a “cabin or cockpit" entrance. Aloft Images proposes mounting our UAS identification information and 

any further information deemed relevant by the FAA on a visible exterior surface of our UAS.

14 CFR §91.405: Maintenance Inspections 

Section 14 CFR 91.405 requires 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to Aloft Images UAS operations. Maintenance will be accomplished by Aloft Images in 

accordance with the DJI Inc. recommended procedures. An equivalent level of safety will be achieved because Aloft 

Images UAS are limited in size, will carry a small payload and operate only for limited periods of time. A preflight 

inspection will be performed by the operator prior to every flight to ensure no mechanical issues are present. If 

mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. 

Additionally, the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy 

condition.

14 CFR §91.407: Operation after Maintenance 

Functional check flights will be conducted away from people or property after any maintenance has been accomplished 

on Aloft Images UAS. Aloft Images will only return a UAS to service once the functional check flight determines that the 

UAS is safe for flight.

14 CFR §91.409: Inspections 

Due to the small size of the UAS that will be operated by Aloft Images and limited components, Aloft Images requests

that our UAS be exempt from regularly scheduled inspections. To meet an equivalent level of safety sought by 14CFR 

91.409, all of Aloft Images UAS will be thoroughly inspected prior to each flight. Since our UAS will have limited 

components, a thorough inspection can be accomplished before each flight, eliminating the need for periodic, time 

based, or flight-hour based inspection cycles.

14 CFR §91.417: Maintenance Records 

As previously described, Aloft Images UAS proposed size and use significantly limits the amount of maintenance 

required. Aloft Images UAS are designed by the manufacturer for the average hobbyist to purchase and fly with minimal 

assembly, regular preventative maintenance is limited to security of attached components and proper storage of, and 

charging of batteries. As such, Aloft Images requests an exemption from maintaining maintenance records as prescribed 

by 14CFR 91.417. However, in order to operate as safely as possible, Aloft Images will keep a running log of all 

maintenance performed on each UAS, and any anomalies noted during operation in order to diagnose and prevent 

problems with the UAS.

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l); PIC and VO medical certificate

Policy 8900.227 Paragraphs 16(c)(4) and 16(e)(l) stipulate that the PIC and VO must have valid medical certificates

classified as FAA second-class medical certificates in order to perform as the PIC or the VO. Considering that the PIC and 

VO will both be on the ground, and that the Aloft Images UAS will always be operated within VLOS, Aloft Images 

proposes that for our flight operations, the PIC and VO only be required to have 20/20 vision or vision correctable to 

20/20 through the use of corrective lenses. Additionally, Aloft Images requests that the PIC and VO have at all times a 

current FAA medical certificate or a current and valid U.S. State issued Driver’s License.

Aloft Images believes an exemption is only needed from the above listed regulatory provisions. To the extent that the 

FAA believes that additional relief is required for Aloft Images to conduct the operations described herein, we 

respectfully request an exemption from any such regulatory provisions as well.
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Appendix B

Examples of previous exemptions granted which are similar in all material respects to those presented in this petition.

11062 - Docket No. FAA−2014−0352

11109 - Docket No. FAA−2014−0507

11112 - Docket No. FAA−2014−0382

11213 - Docket No. FAA−2014−0642

12814 – Docket No. FAA-2015-2604

12673 – Docket No. FAA -2015-0905

12710 – Docket No. FAA-2015-1141

12837 – Docket No. FAA-2015-2000

12771 – Docket No. FAA-2015-1777

12786 – Docket No. FAA-2015-1820

12687 – Docket No. FAA-2015-1251
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Appendix C

Manufacturer details and specifications for Aloft Images proposed UAS.

The following links afford complete details on the UAS that Aloft Images intends to operate including specifications, full 

product descriptions as well as manuals for each UAS and any manufacturer accessories. Aloft Images will comply with 

all manufacturer guidelines, safety bulletins and requirements for maintenance, overhauls, replacement, inspection and 

life limits on airframe and power plant components:

Phantom-2: http://www.dji.com/product/phantom-2/spec

Phantom-3: http://www.dji.com/product/phantom-3/spec

Inspire 1: http://www.dji.com/product/inspire-1/spec

S900: http://www.dji.com/product/spreading-wings-s900/spec

S1000: http://www.dji.com/product/spreading-wings-s1000/spec

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