December 9

, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Topa 3D f or an Exemption Pursuant to Section 333 of the FAA Modernization

and Reform Act of 2012

Director: Fl ight Standards Service:

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

14 C.F.R. Part 11

, Topa 3D

, (“ Topa ”) hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below to all ow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose o f a erial photography, videography

, LiDAR, photogrammetry, mapping and 3d modeling for educational institutions, governmental bodies, agric ultural and utility entities

.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Topa documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals ( Collectively 2 and 3 are referred to as Documents & Manuals")

3. User Guide and;

4. Flight Manual 1 ( Collectively 3 and 4 are referred to as "Manufacturer's Manuals")

Topa submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b) , as the materials contain confidential commercial and/or proprietary information that Topa has not and will not share with other requesting parties. Additionally, these d ocuments contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq. 

### NOTE:

ALL ATTACHMENTS SET FORTH IN SUPPORT OF THIS LETTER OF

PETITION ARE CONFIDENTIAL AND SHALL NOT BE RELEASED TO THE

PUBLIC WITHOUT WRITTEN AUTHO RIZATION FROM THE PETITIONER.

For your convenience, this Petition is organized as follows:

1 . The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, co mponent maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Depart ment of Transportation

December 9, 2015 Page 2

I. Description of Petitioner

II. Description of Proposed Operations

A. Aerial Photography, Videography, LiDAR, Photogrammetry, Mapping and 3d Modeling

III. Relevant Statutor y Authority

IV. Topa ’s Proposed UAS Operations Meet the Requirements of Section 333

of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set For th in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight A ction

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

V1. Drug and Alcohol Program

VII. Public Inte rest

VIII. Privacy

IX. Federal Register Summary

X. ConclusionU.S Depart ment of Transportation

December 9, 2015 Page 3

I. DESCRIPTION OF PETITIONER

Topa , based in Portland

, OR provides aerial photography, videography, LiDAR, photogrammetry, mapping and 3d modeling for educational institutions, governm ental bodies, agricultural and utility entities

. The Company’s Principal and Chief Pilot William Erwin has been flying UAV Quadcopters as a hobby for more than one year without incident, spen d ing

hundreds of hours flying

. Upon the grant of the 333 Exempti on the Company’s business will specialize in providing aerial photography, videography , photogrammetry, mapping and 3d modeling for educational institutions, governmental bodies, the public at large, agricultural

, architectural and utility entities

.

Topa ’s staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.
All of the equipment owned by Topa is of the highest quality gear and ha s bee n able to provide these services safely and without any claims or incident

. Topa ’s goal is to advise the perspective

client that Topa is following all the applicable state and federal rules to ensure the safety of the public while providing the client wit h a competitive and cost effective product.

Topa seeks an exemption to allow for aerial photography, videography, photogrammetry, mapping and 3d modeling

. The contact information for Petitioner is as follows:

Paul Tice , President Topa 3D

12745 S W Beaver dam Rd

Beaverton , OR 97214

Phone: 503.473.2058 : Email: paul@topa3d.com

II. DESCRIPTION OF PROPOSED OPERATION

Topa seeks an exemption pursuant to Section 333 of the Reform Act to operate SenseFly Ebee ; DJI Inspi re 1 ; DJI S

- 800, S

- 900,S

- 1000; and, Flame Wheel 450 (referred to as TOP

- UAS ) (under 55lbs) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private property or approved location wher e Topa has

received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Topa ’s Oper ations Manuals. As

detailed in Topa ’s Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airsp ace, and

will occur at least 5 n m away from an airport refer ence point

. Moreover, Topa ’s Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Aerial Photography, Videography, LiDAR, Photog rammetry, Mapping and 3d ModelingU.S Depart ment of Transportation

December 9, 2015 Page 4

Topa seeks to use small TOP

- UAS for the photography, videography and mapping and 3d modeling for educational institutions, governmental bodies, agricultural and utility entities

. Topa has purposefully tailored its operati ons to m eet the requirements established by the FAA in prior grants of exem p tion authorizing commercial use of UAS in the real estate indu s try, including :

 Pine Peaks, LLC (Exemption No. 12 132 )

 Jackson Family Wine (Exemption No. 1 1334 )

 Mark Ingle (Exemptio n No. 11856)

 Thomas Johann Walker (Exemption No. 12719)

 Starnes Aviation, LLC (Exemption No. 12377)

 Raven

- Executive (Exemption No. 12639)

 Monarch, Inc. (Exemption No. 11662)

 University of Southern California (Exemption No. 13505)

All UAS photography and videography operations will occur on private property or approved

location in a controlled area away from spectators and persons not involved in the recording

process . In addition, the filming will be conducted between dawn and dusk to ensure maximum

safe ty for the public and those involved in the manipulation and operation of the UAS ; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, Topa ’s operations provide an equivalent level of safety which is superior to perfor ming the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS video production is also safer than traditional manned aircraft perfor m ing the same

function. Videographer

- inspectors also frequently need to climb roof tops , trees, or ot herwise perform elevated work, which exposes them to the risk of dangerous falls, ele c trocution or

other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards as sociated with industrial sites and construction facilities often involves a risk of exposure to hazardous cond i tions . The

use of TOP

- UAS mitigates these hazards and is ultimately a much safer and cost e f ficient method of performing these and most other typ es of i n spections.

Moreover, c onventional operations using rotorcraft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service

, but the quality and expanse of acquired information will be far more robust given the low cost associated with its acquisition and other potential consumers an inexpensive product

.

UAS video production is more reliable, and allows for the collection, dis semination, and storage of visual and other sensory data with greater precision and duration at a very low cost . Small UASs will also be capable of accessing and inspecting areas that would otherwise be inaccessible or highly dangerous using conventional aircraft or other inspection methods.U.S Depart ment of Transportation

December 9, 2015 Page 5

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA

"to saf ely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS" ) where it is safe

to do so b ased on the following considerations:

● The UAS's size, weight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the publi c as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. TOPA ’S PROPOSED TOP

- UAS OPERATIONS MEET THE REQUIREMENTS

OF SECT ION 333 OF THE REFORM ACT

The small TOP

- UAS operations proposed by Topa as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory

criteria and relevant factors are satis fied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The TOP

- UAS utilize d by Topa ha s been approv ed for use in prior Section 333

Grants of Exemption from the FAA. 2

 The TOP

- UAS weigh s less th an 55 pounds, including payload

.

 The TOP

- UAS will not be flown at a ground speed in excess of 50 knots. The exemption holder may use eit her groundspeed or calibrated airspeed to determine compliance with the 50 knot speed restriction.

2 See e.g., Grant of Exemption to Mark Ingle (Exemption No. 11856) ; Grant of Exemption Thomas Johann Walker (Exemption No. 12719); Grant of Exem ption to Starnes Aviation, LLC (Exemption No. 12377)

.U.S Depart ment of Transportation

December 9, 2015 Page 6

 Altitude information will be generated by equipment onboard the UA S as

specified using GPS triangulation, digitally encoded barometric altimeter, radio

alti meter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

 The TOP

- UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of the system. If connec tion to the remote control or ground control station is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the TOP

- UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the TOP

UAS is 2.4 and 5.8 GHz frequency bands.

If the same operations were conducted using a helicopter, the a ircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . The difference in weight between the TOP

UAS and a helicopter significantly reduces the potential harm to the participating and non

participating individuals and/ or surroundi ng property in the event of an unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in Topa ’s Operations Manuals

Operations Manuals and the Manufacturer's Manual for the selected TOP

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assess ment of Topa ’s proposed operations, below is a summary of operational limitations and conditions that Topa will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The TOP

- U AS weighs less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative.

Permission from land owner/controller or auth orized representative will be obtained

for each scheduled flight prior to operation

.

3. All UAS operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number)

markin gs in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the TOP

- UAS , and one or more Visual Observers ("Observer")

a s necessary to safely conduct the mission.U.S Depart ment of Transportation

December 9, 2015 Page 7

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Co lumbia, Puerto Rico, a territory, a possession, or the Federal government. 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 or her pilot certificate

.

6. The TOP

- UAS shall be ope rated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be a ble to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the Topa ’s Operations Manuals. The Operations Man uals will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Topa ’s Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, Topa shall follow the procedures outlined in their Operations Manuals.

10. Topa may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request. Topa will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would

a f fect the basis upon which the FAA grants the exemption, Topa will seek an amendment to its Grant of Exemption. Topa will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the ope r ating

documents.

11. Topa Operations Manuals and its Grant of Exemption will be av ailable to the PIC at the ground control station anytime the TOP

- UAS is operating.

12. The PIC is prohibited from beginning a TOP

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10

minutes.

13. Maximum total flight time for each operational flight using the TOP

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA . In the event the structure being inspected exceeds 400 feetU.S Depart ment of Transportation

December 9, 2015 Page 8

AGL, the UAS will not be operated more than 100 feet above the highest point on the

structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at l east 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight ope rations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

16. The TOP

- UAS may not be operate d 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.

17. The TOP

- UAS may not operate within 5 nm of an airport reference point as denoted

on a current FAA

- published aeronaut ical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Topa COA. The letter of agreement with the airport management will be made available to the Ad ministrator upon request.

18. Prior to each test flight the PIC shall inspect the TOP

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any TOP

- UAS if the inspection reveals a condition that affects the safe

o peration of the TOP

- UAS until the necessary maintenance has been performed and

the TOP

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS records as required by Topa ’s O perations Manuals.

19. Topa will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the TOP

- UAS records, including total tim e in service, description of work accomplished, date completed and the signature of the authorized person returning the TOP

- UAS to service.

20. Any TOP

- UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics ( e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Topa ’s Operations Manuals. The PIC who conducts the functional test flight must make an entry in theU.S Depart ment of Transportation

December 9, 2015 Page 9

UAS aircraft records of the flight. The r equirements and procedures for a functional

test flight and TOP

- UAS record entry shall be included in the Topa ’s Operations

Manuals.

21. The TOP

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/S ervice Bulletins and product updates

.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Topa ’s Operations Manuals.

23. Topa will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or

Authoriz ation, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements i n the ATO issued COA including clas s of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agen cies.

25. If the TOP

- UAS loses communication with the PIC , it will have the capability to safely return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The TOP

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current state driver’s license issued within the United States

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and

25 hours total ti me as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar TOP

- UAS type platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have ac cumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of TOP

- UAS to be utilized for operations under the exemption and three take

- offs and three landi ng in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.U.S Depart ment of Transportation

December 9, 2015 Page 10

32. The TOP

- UAS shall remain clear and yield the right of way to all other manned

ope rations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. TOP

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by the applicable regulations . Additionally no PIC will provide any film

- flight operati ons while in motion from atop any elevated platform vehicle or

device.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the TOP

- UAS will comply with the Federal Communications Commission (FCC) or other appropri ate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft , as the term is defined under § 40101 of the Act, including UAS , from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3 Topa seeks an exemption from several interrelated provisio ns of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using TOP

- UAS platforms noted above . Listed below are: (1) the specific sections of 14 C.F.R for which exemption is s ought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthi ness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used f

or the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determines that there

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which r equires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provi d ed by the rule from which you seek exemption.

5 See Gra nt of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).U.S Depart ment of Transportation

December 9, 2015 Page 11

are some characteristics of the chosen UAS that fail to meet the requirements of the Reform A ct, an exemption is requested.

Equivalent Level of Safety

Topa ’s use of the TOP

- UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV (A),

the TOP

- UA S weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The TOP

- UAS is also equipped with safety features which will allow Petitioner to operate the TOP

- UAS safely after experienc ing certain in

- flight contingencies

or failures as noted below

. 6 7 Additionally, the TOP

- UAS carr ies neither pilots nor passengers,

carr ies no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exc lusively within the parameters stated in Topa ’s Operations Manuals

.

Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provid e security for the area of operation. Topa will also provide the FAA with advance notice of all operations via NOTAM as required by the applicable COA. In all cases, operation of the TOP

UAS under the proposed conditions will be at least as safe as, or saf er than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the TOP

- UAS s do not need a means to communicate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboa rd the TOP

- UAS

. 8 In addition, no sense

- and

- avoid

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight ma neuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): The TOP

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The TOP

- UAS can be operated in both s emi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system

cannot enter areas de emed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which allows the TOP

- UAS to detect a system fault while in the air and automatically fly

back to its takeoff location and land. Fault s that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensu re stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 035 2 at pg. 13).U.S Depart ment of Transportation

December 9, 2015 Page 12

technology is necessary for the TOP

- UAS because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rot orcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Topa ’s small TOP

- UAS s would otherwise require certification under Part 27, Petitioner seeks an exempti on from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart
H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Topa seeks a n exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that: No person may operate a U. S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is disp layed on limited, restricted or light

- sport 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 inc hes nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determi ned that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

9 . Id

10

. FAA Docket No. FAA

- 2014

- 0352.U.S Depart ment of Transportation

December 9, 2015 Page 13

Equivalent Level of Safety

All T OP

- UAS flown by Topa will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Topa seeks an exempt ion from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a) (1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91 .405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exe mption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS platforms to be operated under this grant of exemption will not have

. (Emphasis added)

Equivalent Level of S afety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by T opa ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the TOP

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potential ly affecting safe operation of the TOP

- UAS and no flights will occur unless, and until, all flight critical components of the TOP

- UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be

conducted followin g the replacement of any flight

- critical components. As required by Topa ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the

TOP

- UAS aircraft records of the flight.

Topa ’s Operations Manual also includes require ments to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (inclu ding ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Topa ’s Operations Manuals also include procedures to document and maintain a

recor d of the TOP

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the TOP

- UAS used under this Grant of Exemption. As a whole, the maintenance and inspection procedures r equired in Topa ’s Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

11 See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Depart ment of Transportation

December 9, 2015 Page 14

Topa seeks exemption from 14 CFR § 61.113, which restrict s private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the TOP

- UAS will be operated as part of a commercial oper ation, they carr y neither passengers nor cargo. In the Gran t of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certifica te and Class II I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

Equivalent Level of Sa

fety

The restrictions Topa has placed on its TOP

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Topa will operate on private property or approved location away from persons and property not involved in the operation. Topa will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and poten tial transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Topa will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communi cation issues pertaining to all aircraft operators but also in the unique aspects of TOP

- UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in TOP

- UAS operations generally but have logged flight time in the specific m ake and model used for the operations before they are permitted to participate in commercial flights on behalf of Topa . The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Topa pilots are competent and profici ent in the TOP

- UAS they are operating. Topa ’s training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will en sure at least an equivalent level of safety to the public

.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

I nasmuch as there will be no airworthiness certificate issued for the UASs, Topa seeks an exemption from 14 C.F. R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13 Accordi ngly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).

13 See Id. at 13

- 14, 22.U.S Depart ment of Transportation

December 9, 2015 Page 15

Section V ( A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b ) ( 2) and § 91.203(a) and (b) require the operator to carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b ) ( 2):

(b) No person may operate a U.S.

- register ed civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is 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 pl acards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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 passenge rs or crew.

Given the small size and configuration of the TOP

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on board the TOP

- UAS because there is simply no room and the TOP

- UAS has no cabin or cockpit. As a way to comply with the code Topa will maintain the documents with the PIC and make them available for inspection.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station

from whi ch he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by en suring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for Internatio nal Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Depart ment of Transportation

December 9, 2015 Page 16

Topa seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar wit h specific information before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Topa ’s Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists design ed to identify any defects or inoperable components in accordance with the Topa ’s Operations Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirement s, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Topa ’s Operations Manuals and the Manufacturer's Manual will be kept at the ground control station

and will be accessible to th e PIC at all times while operating the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

Topa seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) t hat is being used for flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a devi ce that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS that Topa intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Topa ’s Operations Manuals, all persons will be a safe distance away in the

event that the U AS experiences any difficulties during flight instruction. Moreover, as required by the Topa ’s Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Topa ’s Operat ions Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Topa requests an exemption from the minimum sa fe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which aircraft may not

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing

w ithout undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption N o. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Depart ment of Transportation

December 9, 2015 Page 17

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested a reas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter

c omplies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed TOP

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the TOP

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the TOP

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed operations, the Pil ot and/or Observers(s) may need to be less than 500 feet away from the TOP

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights

pr o posed herein, and given the lack of flammable fuel with the above noted UASs, any risk

assoc i ated with these operations is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the

TOP

- UAS , as well as the contro lled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the

hi ghest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the TOP

- UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonpar ticipating persons, unless that person is in a position where he or she is shielded from the TOP

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 5 00 feet of the TOP

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the ris k of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Topa ’s Operations Manuals will ensure operations can be conducted without compromising pub lic safety. 16

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons f rom the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation arises where nonpar ticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When conside r ing how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In add i tion, th e FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the

ow n er/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a

saf e ty assessment of the ris k of operating closer to those objects and determines that it does not present an undue

ha z ard."U.S Depart ment of Transportation

December 9, 2015 Page 18

K. 14 C.F.R. § 91.121: Altimeter Settings

Topa seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevatio n of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safe ty to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- ba sed on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The TOP

- UAS that Topa intends to use for the proposed operations will meet all these operationa l characteristics. Moreover, as required by Topa ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the TOP

- UAS Topa intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Topa requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (c onsidering 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; or

(2) At night, to fly after that fo r at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151( a) is therefore required. Moreover, it is not Topa ’s intention to fly the TOP

- UAS s at night.

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Depart ment of Transportation

December 9, 2015 Page 19

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safety to the fuel requirem ents for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a TOP

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and, assuming normal c ruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the TOP

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time

r emaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the TOP

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the TOP

- UAS should run low on power, the PIC will be alerted and can safely land the

- TOP

- UAS as soon as possible. Like the VDOS Grant of Exemption, Topa ’s use of the TOP

- UAS , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achie ved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Topa will adhere to thi s limitation for its TOP

- UAS flights.

The TOP

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the TOP

- UAS to a ground

- based

- o n

- screen display. 20 As required by Topa ’s Operations Manuals, the PIC will promptly fly the TOP

- UAS back to the home launch location or pre

det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Topa submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 pounds, an d within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

Topa will ha ve policies in place to ensure that no person may participate in TOP

- UAS flight operations if they are under the influence of alcohol or any drug.

19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).

20 . T he TOP

- UAS ground control stati on displays, the UASs position, navigation route, tail number, altitude,

hea d ing, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orie n tation relative to the UAS.U.S Depart ment of Transportation

December 9, 2015 Page 2 0

VII. PUBLIC INTEREST

The public interest will be served by granting Topa ’s Petition for Exemption. Congre ss has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 33 3(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed TOP

- UAS operations in this Petition for Exemption significant ly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, in specting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of providing

surveillance and modeling services requires location personnel to climb towers

, trees, venture onto precarious roofs and other d angerous scenarios

, perform elevated work for which the

individual is neither trained n or equipped to perform , which exposes them to unnecessary risk of

serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific

locations for potential recording sites to be used in the end product

. The use of small UASs can eliminate these hazards and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as Topa employees.

The use of small UAS also enhances safety and reduces risk to the surroun ding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UASs carry no passengers, crew or explosive fuel . Further more , in the unlikely event of an accident, Topa ’s small battery powered TOP

- UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As

P etitioner's TOP

- UAS are battery powered, the public will also benefit from a reduction in

harmful petroleum based emissions a ssociated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to film makers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned

aircraft. 22 The quality of the finished product is enh anced and provides a greater finished product

21 See Grant of Exemption No. 11158 to T eam 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or acc i dent. R isk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Depart ment of Transportation

December 9, 2015 Page 21

demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced while reducing the difficulty with which the finished product is created . The demand for the current industrial product is increasing and will continue to increase given the enhanced flexibility of production ; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All TOP

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over priv ate or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMA RY

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: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regu lations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a ) ( 1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed

- wing

aircraf t, rotorcraft, or other methods.

X. CONCLUSION

Topa ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act

of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated

areas ; ope ration within VLOS and national security. The proposed TOP

- UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the dem and for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptions allowing Topa

to use small TOP

- UAS in the recorded production of its p roduct.U.S Depart ment of Transportation

December 9, 2015 Page 22

We thank you for your prompt consideration of our requested exemptions.

Respectfully Submitted,

Paul Tice , President Topa 3D

12745 S W Beaverdam Rd

Beaverton , OR 97214

Phone: 503.473.2058 : Email: paul@topa3d.com

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

At tachments: 1. General Operations Manual 2. PIC Operating Manual

3. Company Protocols

4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equip ment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals