**Mark C. Rowse**

**Top View Aviation LLC 13492 Tom Gaston Rd**  **Mobile, AL 36695 (251) 377** 

**- 6851**  **Topviewaviation@outlook.com**

**A ttention:**  **U.S. Department of Transportation Docket Management System**  **1200 New Jerse y Ave., SE**  **Washington DC 20590**

**Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and**  **(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR**  **91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)**  Dear U.S. Department of Transportation:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Top View Aviation LLC, Mark C. Rowse and John J Diamond both FAA licensed commercial rotorcraft/helicopter pilots and operators of an Unmanned Aircraft Syst em (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by t he FAA as required by Section 333. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real esta te, agriculture use, architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering.

 Aerial inspe ction/photography of residential/commercial structures under contract with the owners or local government authority.

 Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural dis aster only when the local authorities or government has requested it by contract or donation.As described fully below, the requested exemption would permit the operation of a UAS under

controlled conditions in the NAS that would be a) limited b) control led c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.” The name and address of the petitioners/applicants is:
Mark C. Rowse John J Diamond Top View Aviation L LC Top View Aviation LLC 13492 Tom Gaston Road 10251 Knoke Ave Mobile, AL 36695 Grand Bay, AL 36541 (251) 377

- 6851 (251) 689

- 7097 Topviewaviation@outlook.com Topviewaviation@outlook.com

Applicants Information: The applicant, Mark C Rowse, is holder of a current Commercial Rotorcraft/Helicopter Pilot Certificate # 2842043. Applicant has 40 years in the aviation industry and over 1 2,000 hours of rotorcraft time. The applicant, John J. Diamond is holder of a current Commercial Rotorcraft/Helicopter Pilot Certificate # 166403285. Applicant has 38 years in the aviation industry and over 12,000 hours of rotorcraft time. Applicants have an in depth understanding of the capabilities and safety concerns involved in using this technology as an asset to the community. Applicants have over 100 hours of flying time in the UAS described in this petition. Applicant shall, at all times required by regulation , be assisted by a Visual Observer (VO). Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the appl icant’s UAS. Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)Top View Aviation will operate the following UAS vehicles:

**Yuneec Electric Aviation Q500 4K Typhoon :**  with a takeoff weight of 1700g or 3.75 l bs. The UAS dimensions without rotor blades are 420mm x 420mm x 210mm or 16.5 inches x 16.5 inches x 803 inches. Under still air the maximum speed is no more than 30mph with GPS navigation disabled and 15mph with GPS navigation enabled. The Q500 Typhoon ha s the ability to hover and move along a vertical and horizontal planes simultaneously. The Q500 Typhoon has four 700 KV motors, Motor Model YUNM4234, powered by a 3

- cell 5400mAh Lithium Polymer battery. There are four propellers in use, Propeller Model YUN Q500115 (A and B). The Q500 Typhoon will be controlled with the ST10 10

- channel remote controller with an operating frequency of 2.400GHz . The live video feed will have an operating frequency of 5.80GHz. The applicants will operate the UAS in line of sig ht within a closed off and predetermined area owned and or operated by the property representative **DJI Inspire 1 Pro:**  with a takeoff weight of 2935g or 6.55 lbs. The UAS dimensions 438x451x301 mm or 17.24x17.75x11.85 inches. Under still air the maximum s peed is no more than 22 m/s or 49.21 mph. The Inspire 1 Pro has the ability to hover and move along a vertical and horizontal planes simultaneously. The Inspire 1 Pro has four DJI 3510H motors powered by a 3 cell 4500mAh 22.2v Lithium Polymer battery or an optional 5400mAh 22.8v Lithium Polymer battery, providing for approximately 18 minutes of flight time. There are four propellers in use model DJI 1345T CW+CCW. The Inspire 1 will be controlled by the C

- 1 remote controller with an operating frequency of 2. 400

- 2.483 GHz. The live video feed will have an operating frequency of 5.725

- 5.825 GHz. The applicants will operate the UAS in line of sight within a closed off and predetermined area owned and or operated by the property representative. **DJI Phantom3 Pro:** with a takeoff weight of 1280g or 2.85 lbs. The UAS dimensions 590x590x225 mm or 23.25x23.25x8.85 inches. Under still air the maximum speed is no more than 16 m/s or 35.8 mph. The Phantom 3 has the ability to hover and move along a vertical and horizonta l plane simultaneously. The Phantom 3 has four DJI Model 2312

– 960kv motors powered by a 4 cell 4480mAh 15.2v Lithium Polymer battery providing approximately 23 minutes of flight time. There are four propellers in use Model 9450 CW+CCW. The Phantom 3 Pro will be controlled by the DJI Advanced Controller 47867 with an operating frequency of 2.400

- 2.483 GHz. The live video feed will have an operating frequency of 5.725

- 5.825 GHz. The applicants will operate the UAS in line of sight within a closed off and pr edetermined area owned and or operated by the property representative. **Walkera Voyager 3:** with a takeoff weight of 3650g or 8.14 lbs. The UAS dimensions are 473x463x300 mm or 18.62x18.22x11.81 inches. Under still air the maximum speed is no more than 22 m/s or 49.21 mph. The Walkera Voyager 3 has the ability to hover and move along vertical and horizontal planes simultaneously. The Voyager 3 is powered by a 4 dell 6000 mAh 30 v Lithium Polymer battery providing for approximately 25 minutes of flight time. T here are four brushless WK

-WS

-42

- 002 motors powering carbon fiber propellers CW+CCW. The Voyager 3 will be controlled by the Walkera FPV DEVO F

- 12B controller with the ability to mix a smart phone or tablet as a second controller if desired. The controller will operate at a frequency of 2.4 GHz with a live video feed frequency of 5.8 GHz. . The applicants will operate the UAS in lineof sight within a closed off and predetermined area owned and or operated by the property

representative.

* Copies of the m anuals and literature, which contain propriet ary information, on these UAS are available upon request. Given the small size of the UAS’s and the controlled environment provided, the proposed operations will adhere to the Reform Act’s safety requirements. T he approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, th e grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay. **AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY** The operation limitations proposed for an equivalent o r higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

 The UAS will weigh less than 55lbs.

 The UAS will have a maximum operating speed of no more than 87 knots.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual Observer (VO).

 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve or 20 minutes of flight time whichever occurs first.

 Flights will be operated at an altit ude of no more than 200 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include but not lim ited to a Camera Operator.

 The UAS pilot will be the designated Pilot in Command (PIC) and hold an FAA Pilot’s License with a Third or higher Class Medical Certificate or valid state drivers’ license. If the PIC feels another operator to be qualified wit h the necessary skills to be PIC, and holds an FAA Pilot’s License along with a Third or higher Class Medical Certificate orvalid state drivers’ license, that person may be designated PIC provided they have a minimum of 20 hours of flight time with the UAS.

 A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the days’ production activities.

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

 The flights will o ccur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and other pertinent information.

 The operator will file FAA Form 7711

- 1, or its equivalent, as modifi ed in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.

 The operator will obtain verbal/written consent of all persons involved wit h the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the ad vanced permission of the FSDO, operations at closer range may be approved.

 The PIC and VO will have been trained in operation of UAS and receive up

-to

- date information for the particular UAS to be operated.

 The PIC and VO will be able to communicate by voice, radio or phone at all times.

 Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

 If the UAS loses commun ications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre

- determined location within a designated location and land autonomously.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

 UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All flight operations will be entered into a log book, with all records available for viewing by governing agencies. **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)**  Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and l imited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U. S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populate d areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than
a c onventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requi rements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation , lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

**14 C.F.R. § 45.23 (b). Marking of the Aircraft** The regulation requires: When marks include only the Roman capital letter "N" and the registratio n number is displayed 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 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).The equivalent level of safety will be provided by having the UAS marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” **14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.**  Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Pilot’s License along with a current Third Class or higher Medical or valid state drivers’ license exceeding the current safety levels in relation to 14 CFR 61.113 (a) & (b). **14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As th ere will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to e ach flight an equivalent level of safety will be provided. **14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.** Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given it s size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. **14 C.F.R. § 91.103: Preflight Action.** This regulation requires each pilot in command to take certain actions before fl ight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limi ted to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 C.F.R. §91.109: Flight Instruction.** Section 91.103 provides that no person may operate a civil aircraft (exc ept a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a ground station that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction inexperimental ai rcraft. The equivalent level of safety provided by the fact that neither a pilot nor

passengers will be carried in the aircraft and by the size and speed of the aircraft. **14 C.F.R. §91.119: Minimum Safe Altitudes.** Section 91.119 establishes safe altitude s for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this
e xemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 200 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As se t forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above th e highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

-obtained consent. The equivalent level of safety will be achieved gi ven the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filmin g activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated wi th these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventio nal aircraft that must comply with Section 91.119. **14 C.F.R. §91.121 Altimeter Settings.** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departu re airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. **14 C.F.R. § 91.151(a): Fuel Requiremen ts for Flight in VFR Conditions.**  Section 91.151 (a) prohibi ts an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed. The battery po wering the UAS provides approximately 20 minutes of powered flight. To meet the 20 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 20 minutes in length. Given the limitations on the UAS’s, proposed flight area,a nd the location of its proposed operations within a predetermined area, a longer time frame

for flight in daylight is not practical. Applicants believe that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to a lleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 20 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. **14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration** 

. The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificat e. . . . (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 t o passengers or crew. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. **14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.**  These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these s ections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small pa yload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 200 feet AGL. The operator will ensure that the UAS is in working order prior to init iating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent leve l of safety.An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the UAS Manufacturer's User Manual .The operator will ensure that the UAS is in working order prior to initiating flight a nd perform required maintenance needed. This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, To p View Aviation, LLC request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As di scussed in detail above, Top View Aviation will operate the Yuneec Electric Av iati on Q500K Typhoon Series , DJI Inspire 1 Pro Series, DJI Phantom3 Series, and the Walkera Voyager 3 Series UAS safely in the NAS without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. WHEREFORE, in a ccordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Reform Act of 2012, Section 333, Top View Aviation, respectfully requests that the Administrator grant this Petition for an exemption from the
re quirements of 14 C.F.R Sections 39 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Top View Aviation to operate the aforementioned UAS for the purpose of conducting commercial ae rial flights.

Respectfully Submitted on December 3 , 2015.

Mark C Rowse Top View Aviation LLC