Mark C. Rowse

Top View Aviation LLC

13492 Tom Gaston Rd

Mobile, AL 36695

(251) 377-6851

Topviewaviation@outlook.com

Attention: 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and 

(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 

CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) 

Dear U.S. Department of Transportation: 

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

and 14 CFR Part 11, Top View Aviation LLC, Mark C. Rowse and John J Diamond both FAA 

licensed commercial rotorcraft/helicopter pilots and operators of an Unmanned Aircraft System 

(UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its UAS, so long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by Section 

333. 

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

sensors, would operate in the following manner:

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

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 inspection/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 disaster 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) controlled c) predetermined and d) 

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

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” 

The name and address of the petitioners/applicants is:

Mark C. Rowse John J Diamond

Top View Aviation LLC 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 12,000 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 applicant’s UAS.

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b) 
Top View Aviation will operate the following UAS vehicles:

Yuneec Electric Aviation Q500 4K Typhoon: with a takeoff weight of 1700g or 3.75 lbs. 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 has 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 YUNQ500115 (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 sight 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 speed 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 

horizontal 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 predetermined 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. There 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 line 
of sight within a closed off and predetermined area owned and or operated by the property 

representative. 

*Copies of the manuals and literature, which contain proprietary 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. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grant the requested exemption with minimum 

delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional 

aircraft. These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include: 

 The UAS 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 altitude 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 limited to a Camera Operator. 

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

License with a Third or higher Class Medical Certificate or valid state drivers’ license. If 

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

holds an FAA Pilot’s License along with a Third or higher Class Medical Certificate or 
valid state 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 occur no closer than a 5 mile radius of the geographic center/Airport 

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

 If operations will be within a 5 mile radius of the geographic center/Airport Reference 

Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be 

contacted advising them of the estimated flight time, flight duration, elevation of flight 

and other pertinent information. 

 The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO) 

no more than 72 hours but no less than 48 hours from planned operation. 

 The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of 

the flight operation, and the radius may be reduced to 30 feet based upon an equivalent 

level of safety determination, as required under the FOM. With the advanced 

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

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

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of 

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

restricted environment and under the conditions proposed will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. 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 

requirements 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 

registration 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 there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an 

equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The UAS, given 

its size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such 

an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the pilot flying the UAS will have immediate access to 

it. 

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under 

Normal Procedures including but not limited to reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a ground station that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 
experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 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 set forth herein, the UAS 

will never operate at higher than 400 AGL with the exception that in circumstances where the 

UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS 

will not be operated more than 200 feet above the highest point on the structure. It will 

however be operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as 

the location where it is operated. No flight will be taken without the permission of the property 

owner or local officials. Because of the advance notice to the property owner and participants in 

the filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 

55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations 

is far less than those 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 conventional aircraft that must comply with Section 

91.119. 

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

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the safety check list and 

live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed. 

The battery powering the UAS 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, 
and 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 alleviate 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 certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the UAS. An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the UAS will have immediate access to them, to 

the extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because the UAS is very limited in size and will carry a small payload and operate only 

in restricted areas for a limited period of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 200 feet AGL. The operator will ensure 

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

keep a log of any maintenance performed. Moreover, the operator is the person most familiar 

with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

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

performed in accordance with the UAS Manufacturer's User Manual .The operator will ensure 

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

needed. 

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, Top 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 

discussed in detail above, Top View Aviation will operate the Yuneec Electric Aviation 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 accordance 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 

requirements of 14 C.F.R Sections 39 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Top View Aviation to operate 

the aforementioned UAS for the purpose of conducting commercial aerial flights.

Respectfully Submitted on December 3, 2015.

Mark C Rowse

Top View Aviation LLC