1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION (FAA)

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

DONALD ISAAC TILLOTSON

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS : P 

### ART 21, SUBPART H; SECTIONS §§45.23(B), 61.23(A) AND (C), 61.101(E)(4) AND (5),

61.113(A), 61.315(A), 91.7(A), 91.9(B)(2), 91.119, 91.121, 91.151(A), 91.203(A) AND (B), 91.405(A),

91.407(A)(1), 91.409(A)(2), AND 91.417(A) AND (B) CONCERNING COMMERCIAL OPER ATION OF DJI

PHANTOM 2 UNMANNED AIRCRAFT SYSTEMS (UAS) PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on May 20, 2015

By:

Donald Isaac Tillotson

P.O. Box 8002

, Columbus, GA 31908

Phone: 706

- 561

- 3959

Fax: 678

- 668

- 89542 TABLE OF CONTENTS

Page #

SUMMARY

– INTRODUCTION

– AND INTERESTS OF PETITIONER .......................................... 3

GLOSSARY OF ABBREVIATIONS................................................................................ ...............................4

NAME, ADDRESS, CONTACT INFORMATION OF PETITIONER............................................................4

BACKGROUND AND PROVEN OPERATIONAL HISTORY OF DJI PHANTOM 2 UAS ........................4

BASIS FOR PETITION..

.................................................................................................... ...............................5

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Lofty360 SEEKS EXEMPTION ...................5

EXTENT OF RELIEF LOFTY360 (ISAAC TILLOTSON) SEEKS A ND REASONS

.......... ..................6

THE REASONS WHY GRANTING REQUEST WOULD BE IN THE PUBLIC INTEREST.................. 7

HOW UAS FLIGHTS WILL BE CONDUCTED

- PURSUANT TO OPERATING LIMITATIONS

...... ... ..9

REASONS WHY GRANTING EXEMPTIONS WOULD NOT ADVERSELY AFFECT SAFETY............12

UNMANNED AIRCRAFT SYSTEM ( DJI PHANTOM 2) SPECIFIC DETAILS.................................13

A BRIEF DESCRIPTION OF THE NATURE OF THE EXEMPTION LOFTY360 SEEKS ....................16

CONCLUSION................................................................................................................... ..............................17

ATTACHMENTS NAMED....

................................................... .........................................1 7

PRE AND POST FLIGHT CHECKLIST AND INSPECTIONS .....................................................1 83 Lofty360

Isaac Tillotson May 20 , 2015

P.O. Box 8002

Columbus, GA 31908

United States Department of Transportation

Federal Aviation Administration (FAA)

800 Independence Ave, SW

Washington, DC 20591

RE: Exemption Request From Certain Title 14 CFRs About Section 333 of the FAA Modernization

& Reform Act of 2012 Which Concerns Unmanned Aircraft Systems

- (UAS)

Dear Sir or Madam:

I, Donald Isaac Tillotson, sole owner/operator of Lofty360 (a division of The Tillotson Group, Ltd) prepare d the

following exemption request and provide all supporting documents for your review and approval

. A ny use of terms such

as “I” “My” “We” “Our” or “The Company” from here fo rth within this document refer to Lofty360

.

SUMMARY:

Lofty360, hereafter referred to as the petitioner, requests exemptions from the following sections of Title 14, Code of

Federal Regulations: Part 21, subpart H; Sections §§45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a),

61.315(a), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and

91.417(a) and (b) to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

while keepin g the documents required by regulations at the ground control station and immediately accessible to the

PIC . Furthermore, the exemption will relieve Lofty360 from the airworthiness certificate standards and the requirement

to have a certificate of airworthiness issued for its UAS. This exemption will also permit any required markings

concerning the operational status of the UAS to be displayed on the fuselage of the unmanned aircraft.

INTRODUCTION AND INTERESTS OF THE PETITION ER:

I (Lofty360) desire to o perate small unmanned aircraft systems (UAS) commercially in airspace regulated by the Federal

Aviation Administration (FAA) for the purposes of aerial photography, videography, mappi ng, crop / land surveying,

inspections and ot her flight operations "for hire" that could be performed safely and more cost effectively by using a small

UAS at low altitude within the U.S. national airspace system rathe r than manned aircraft.

UAS o perations will be performed only when at the request of, with the authorization of, and or permission of clients or

their authorized agents in order to facilitate commerce and raise awareness of the beneficial uses of small unmanned air

systems (UAS)

. O perations will be conducted within and u nder th e conditions outlined herein and as is established by the

FAA as required by Section 333. The conditions identified and proposed by the petitioner (Lofty360) are drawn from

references to the FAA requirements.

 As found in Exemption No. 11138 (Trudea u), the FAA recently approved similar use of a PHANTOM 2 UAS.

We will operate a UAS, the DJI PHANTOM 2, which is comprised of an unmanned aircraft (UA S or

PHANTOM), an attached GoPro Hero 3+ camera and a transportable ground station.

 Isaac Tillotson, UA S Pi lot in Command, h olds a Commercial Pilot license and IFR rating with over 78 0 hours of

flight time. PIC has s u bstantial training and flight time in various single engine, complex, and multi engine

aircraft and the k nowledge and training required to ensure a high level of safety required by current regulations.

All p ilots who conduct flight operations with Lofty360 's UAS will hold at least a FAA Private Pilot License and

3rd class FAA Airman's M edical or valid U.S. Driver's license

.

 As PIC, I have been building and flying Radio Control (R/C) Aircraft since 1978 and have been flying the DJI

Phantom 2 UAS since 2014. I have flown over 85 flights as a hob byists simulating flights for future commercial

use and have become familiar with the performance characteristics of the UAS under different temperature and

weather conditions. PIC is very skilled, comfortable, and capable in flying UAS.4 GLOSSARY OF ABBREVIATIONS

AGL

- Above Ground Level ATC

- Air Traffic Control COA

- Certif icate of Authorization

FAA

- Federal Aviation Administration FAR

- Federal Aviation Regulation NAS

- National Airspace System

SMS

- Safety Management System UAS

- Unmanned Aircraft System VFR

- Visual Flight Rules

VMC

- Visual Meteorological Conditions IFR

- Instrument Flight Rules PIC

- Pilot In Command

SO

- Safety Observer GPA

- Global Positioning Sys RC

- Radio Control

In accordance with 14 C.F.R. § 11.81, Lofty360 provides the following information in support of its petition for

exemption:

A. Nam e, Address Petitioner: Lofty360, a division of The Tillotson Group, Ltd., P.O. Box 8002 , Columbus, GA 31908.

The point of contact for this p etition :

Isaac Tillotson

, President

Lofty360 (a Division of The Tillotson Group, Ltd)

P.O. Box 8002

, Columbus, GA 31908

Tel: ( 706) 561

- 3959

Fax: (678) 668

- 8954

Email: Isaac @ Lofty360.com

B. The Specific Sections Of 14 C.F.R. From Which Lofty360 Seeks Exemption:

BACKGROUND: Unmanned Aircraft System: DJI Phantom 2 version 3.02 (UAS)

. Lofty360 seeks an exemption to

operate a DJI Phantom 2 (UAS), registration number to be determined, for compensation or hire within the national

airspace system (“NAS”). The DJI Phantom 2 (UAS) i s comprised of an unmanned quad

- rotor aircraft and a transportable

ground station.

The DJI Phantom 2 (UAS) has a maximum gross weight of approximately 4.4 pounds while having a diagonal length of

13.7 inches. The DJI Phantom 2 unmanned quad

- rotor is eq uipped with four independent electric motors turning fixed

pitch rotors powered by a single Lithium Polymer battery. It is controlled primarily through an FCC certified radio

control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the

PIC to monitor battery level, GPS signal str ength, altitude (AGL), distance , camera imagery, and control the camera

angle. The UAS has failsafe modes of operation for either loss of RC or GPS signal. Battery life limits flight times to

approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before

reaching a low battery state. An automatic termination of flight and landing will be initiated when the batte ry reaches a

predetermined low state. The UAS has an advertised maximum speed of less than 30 knots and a maximum climb rate of

less than 1 ,200 feet per minute and i t utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor

aug mented with global positioning system (GPS) to maintain its geospatial orientation and position. More information

available in User's Manual and at www.DJI.com

. The petitioner requests an FAA exemption referencing Con ditions and

Limitations and believes that the procedures specified h erein are reasonable and will be utilized in order to manage and

mitigate risk and ensure public safety.

Proven Operational History of the DJI Phantom 2 UAS in the NAS:

The DJI Phantom 2 UAS is a common, commerc ially available, model of remote multi

- rotor aircraft. It is currently

operating safely within the NAS pursuant to Advisory Circular 91

- 57, June 9, 1981. The DJI Phantom family of aircraft

has been operating worldwide since 2006.

Figure 1: The DJI Phantom 2 (UAS)

- see attached User's Manual for complete specifications.5 1) Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety:

Lofty360 seeks an exemption from 14 C.F.R. § 91.7(a)

- -

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, PIC will

ensure that the DJI Phantom 2 UAS is in an airworthy condition based upon the UAS’s compliance with its operating

documents and as stat ed in the conditions and limitations herein. Additionally, the FAA has previously granted relief

from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

The petitioner seeks exemption from the aforementioned FARs for the following reasons; 61.113(a) & (b); The petitioner

requests relief in order to facilitate the utilization of pilots, who hold a PRIVATE PILOT (or greater) certificate. Any

pilots operating under this exemption would be required to comply with any conditions as set forth and in a similar

fashion to the previously granted exemptions.

2) Lofty360 seeks an exemption from 14 C.F.R. § 91.9(b). Section 91.9 entitled Civil aircraft flight manual, marking,

and placard requirements , subsection (b) states the following: (b) No person may operate a U.S.

- registered civil aircraft

--

(1) 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 or the manual provided for in

§ 121.141(b); and

(2) For w hich 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 combinatio n thereof.

The equivalent level of saf ety will be achieved by keeping the fl ight manual ( see

, e.g.

, User's Manual ) at the ground

control station where the pilot is fl ying the UAS and will have immediate access to it. The FAA has issued to others the

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299 , 9565, 10167, 10602, 32827, 10700 etc.

3 ) Lofty360 Seeks Exemption From The Requirements Of Sections 91 .119 and 91.121:

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the

ground may require that the UA S be operated closer than 500 feet to essential persons, or objects that would not be

possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning

the terms “congested areas” and “densely populated”. The petitioner requests waiver for this condition to allow reasonable

and responsible operations in areas as required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an

altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information. 91.151(a) As discussed in

Exemption 11136 (ADVANCED AV IATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to

operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar

UAS

- specific relief has been granted an Exemption Nos. 8811, 10808 , and 10673 for daytime, VFR conditions. The UAS

provides battery power remaining in percent to the PIC. The UA S batteries provide approximately 25 minutes of powered

flig ht. Information provided in operating documents discuss procedures regarding remainin g battery power m anagement.

Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a

specified level. Given the limitations on proposed operations and the location of those proposed operations, The FAA

found that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable.

4 ) Lofty360 Seeks Exemption From The Requirements Of Sections 91.203(a) and 91.203(b). L ofty360 seeks an

exemption from 14 C.F.R. § 91.203(a) and (b). Section 91.203entitled Civil aircraft: Certifications required , subsections

(a) and (b) state the following: (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. Each U.S. airworthiness certificate used

to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued

under § 21.197(c) of this chapter , appropriate sections of the air carrier manual required by parts 121 & 135 of this chapter

containing that portion of the operations specifications issued under § 21.197(c), or an authorization under § 9 1.611) must

have on it the registration number assi gned to the aircraft under part 47 of this chapter. However, the airworthiness

certificate need not have on it an assigned special identification number before 10 days after that number is first affixed t o

the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that has been

affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office. (2) An effective

U.S. registration certificate issued to its owner or, for opera tion within the United States, the second copy of the Aircraft

registration Application as provided for in § 47.31(c), or a registration certification issued under the laws of a foreign6 country. (b) No person may operate a civil aircraft unless the airwort hiness 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. This UAS is less than 5 pounds and does not hav e capacity or room to carry a pilot nor

certification a nd as a result, we request the FAA allow Lofty360 and PIC to keep the documents at the Ground Control

Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any

law enforcement official upon request. Previous exemptions include Nos. 9565, 9665, 9789, 9797, 9816A, and 10700 etc.

5) Lofty360 Seeks Exemption From The Requirements Of Sections 91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2);

91.417(a) & (b) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and

ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that

adherence to the petitioner’s operating documents and the conditions and limitations specified, describing requirements

for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety would not be adversely affected. All

required m aintenance will be documented and maintained utilizing the maintenance log

.

6 ) Lofty360 Seeks Exemption From The Requirements Of Section 45.23(b).

Lofty360 seeks an exemption from 14 C.F.R. § 45.23(b) . Section 45.23 entitled Display of marks; general , subsection

(b), states the following: (b) 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 hi gh, the words "limited," "restricted," "light

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

applicable.

7 ) Lofty360 Requests Relief To Exempt The DJI Phantom 2 UAS From The Restricted Category Airworthiness

Certification Standards Specified In 14 C.F.R. §2 1.185.

In accordance with the FAA Modernization and Reform Act of 2012, Section 333, and 14 C.F.R. § 21.16 entitled Special

Conditions

, Lofty360 seeks to exempt the DJI Phantom 2 UAS from the restricted category airworthiness certification

specified in 14 C.F.R. § 21.185 , or the requirement to have a certificate of airworthiness issued, as contemplated by 14

C.F.R. Part 21 . Section 21.185 entitled Issue of airworthiness certificates for restricted category aircraft

, states the

following, in part: a) Aircraf t manufactured under a production certificate or type certificate. An applicant for the original

issue of a restricted category airworthiness certificate for an aircraft type certificated in the restricted category, that was

not previously type certificate d in any other category, must comply with the appropriate provisions of § 21.183.

C. The Extent Of Relief Lofty360 Seeks And The Reason Lofty360 Seeks The Relief:

1) Extent Of Relief Lofty360 Seeks And The Reason Lofty360 Seeks Relief From Section 91.9(b).

Relief is requested because the DJI Phantom 2 UAS weighs approximately 4.4 pounds (2

, 000 grams) at its maximum

gross weight and cannot carry the approved Airplane Flight Manual onboard. Furthermore, since the DJI Phantom 2

UAS is unmanned, the aircrew member is located at a ground control station. As such, Lofty360 proposes the

following conditions and limitations to its request for exemption from Section 91.9(b): The approved Airplane Flight

Manual will be kept at the grou nd control station, where it is immediately available for reference by the aircrew

member ( PIC ) of the DJI Phantom 2 UAS any time the unmanned aircraft is operating. The approved Airplane Flight

Manual will be made available within 10 days to any FAA, U.S. Department of Defense, or law enforcement official

upon request.

2) The Extent Of Relief Lofty360 Seeks And The Reason Lofty360 Seeks Relief From Section 91.203(a) & (b).

Lofty360 requests relief from the requirement of Section 91.203(a) ( i.e., that an appropriate and current airworthiness

certificate and an effective U.S. registration certificate be carried within the aircraft), and further, requests relief from

the requirement of Section 91.203(b) ( i.e., that the airworthiness certificate be displayed at the cabin or cockpit

entrance so that it is legible to passengers or crew). Since the DJI Phantom 2 UAS is unmanned, has no cabin, cockpit,

pilot station, or entrances

, relief seems appropriate

. Furthermore, the PIC and SO are located at the ground control

station and no passengers are carried at any time. As such, Lofty360 proposes the following conditions and limitations

to its request for exemption from Sections 91.203(a) and (b): The documents required by Sections 91.203(a) and (b)

will be kept at the ground control station, where it is immediately available to the aircrew member ( PIC ) of the DJI

Phantom 2 UAS any time the unmanned aircraft is operating. The documents required by 91.203(a) and (b) will be

made available within 10 days to any FAA, U.S. Department of Defense, or law enforcement official upon request.7

3) The Extent Of Relief Lofty360 Seeks And The Reason Lofty360 Seeks Relief From 14 C.F.R. § 45.23(b).

Lofty360 requests relief from the requirement of Section 45.23(b), if applicable, that the word “Restricted” be placed

near each entrance to the cabin, cockpit, or pilot station. As the DJI Phantom 2 UAS is unmanned, it has no cabin,

cockpit, pilot station, or ent rances thereto. Lofty360 proposes that, if required, the word s “Restricted” with Lofty360 's

company name, p hone number be displayed on the top (middle section) of the UAS for clear identification purposes for

all to see . If no relief is given as requested, then we Lofty360 will f ile for a "N" number with the FAA and mount on

the DJI Phantom 2 UAS as required.

4) The Extent Of Relief Lofty360 Seeks And The Reason Lofty360 Seeks Relief From 14 C.F.R. § 21.185.

Lofty360 seeks relief from the airworthiness certificate requirements of the Federal Aviation Regulations and proposes

to commercially operate the DJI Phantom 2 UAS, without an airworthiness certificate, for the special purpose of

conducting aerial operations over certain areas of the United States

.

Lofty360 seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 21.185 to the extent that the DJI

Phantom 2 UAS, which has not yet been type certificated by the FAA, may be operated as if it were a restricted

category aircraft for a single, defined, special purpose operation ( i.e. , aerial videography , photography, mapping etc ).

Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section 333”), Lofty360 seeks relief from

the airworthiness certificate requirements of the FAR because operation of the DJI Phantom 2 UAS will not create a

hazard to users of the NAS, the public, or otherwise pose a threat to national security. Section 333 sets forth the

requir ements for considering whether a UAS will create a hazard to users of the NAS or the public or pose a threat to

national security. Further, Section 333 provides the authority for such UAS to operate without airworthiness

certification.

Specifically, Sect ion 333 states the following, in part : (b) Assessment of Unmanned Aircraft Systems.

-- In making the

determination under subsection (a), the Secretary shall determine, at a minimum

--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational

capability, proximity to airports and populated areas, and operation within visua l line of sight do not create a

hazard to users of the national airs pace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section

44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified

under paragraph (1).

As set forth below, numerous factors, including the proven safe operational history of the DJI Phantom 2 UAS in the

NAS, as well as the specific parameters of Lofty360 ’s intended operation pursuant to this exemption, demonstrate that the

DJI Phantom 2 UAS has in the past, and will continue in the future, to operate safely in the NAS without creating a hazard

to other aircraft or people on the ground.

Accordingly, the FAA may appr ove operation of the DJI Phantom 2 UAS, without an airworthiness certificate, by setting

forth specific operating limitations to ensure a level of safety equivalent to what would be provided by airworthiness

certification.

D. Reasons Why Granting Lofty360 's Req uest Would Be In Public 's Interest; How It Would Benefit The Public :

Granting the present Petition will further the public interest by allowing Lofty360 to safely, efficiently, and economically

perform aerial photography, videography, and other services over certain areas of the United States

. Additionally, use of

the DJI Phantom 2 UAS will decrease congesti on of the NAS, reduce pollution and provide significant benefits to the

economy. Notably, the benefits of the proposed operation of the DJI Phantom 2 UAS will be realized without implicating

any privacy issues. Aerial videography and photography for geographical awareness and for real estate marketing and

in spections has been around a long time through manned fixed wing aircraft and helicopters. F o r small business owners,

the expense to conduct these operations with manned aircraft has been cost

- prohibitive.

Granting this exemption to the Petitioner would allow Lofty360 to provide service s at a much lower cost. Further, the

small U AS being utilized in this application will pose no threat to the public given its small size and lack of combustible

fuel when compared to larger manned ai rcraft. The operation of this UA S will minimize ecological damage and promote

economic growth by prov iding information to businesses and individuals in the area.8 1) Furthermore, T he Public Will Benefit From UAS Aerial Operations:

Lofty360 submits this Petition to perform aerial phot o graphy and videography throughout certain areas of the United

States

. The DJI Phantom 2 UAS will provide safe, efficient, and economical operations to further each of these fields, all

of which are critical to the well

- being of the general public. The DJI Phantom 2 UAS can inspect larger areas, in different

ways, in less tim e and at lower costs than manned aircraft

.

In addition, more frequent regular inspections can f acilitate faster problem recognition, resulting in fewer negative

outcomes . The advantage of unmanned systems is that they provide overviews which normally re quire several cameras,

and the UAS can enter narrow and confined spaces while producing very little noise as compared to other manned

aircraft . The DJI Phantom 2 UAS provides a great alternative to helicopters in that they can provide images from similar

a ltitudes, with our UAS gyro stabilized cameras and modular platforms we can do it a fraction of the cost. This solution

can dramatically increase applicability, improve the quality and decrease the costs of aerial photography and videography

for the public. Operations for this petition will enable service for property owners or their designees seeking an enhanced

perspective for characteristics, amenities, and benefits of their desired photographic subjects that cannot be displayed

through ground lev el videography/photography. Aerial photography is a valuable marketing tool that can lead to increased

commerce and enhance personal photography. Crop surveying applications c an lead to decreased use of pesticides and

fertilizer and conservation of water as well as increased crop yields and decreased costs. Aerial surveying and inspections

can increase work site efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients

with photographic data for these purposes on a ‘f or hire’ basis acting as an independent contractor. The petitioner is

requesting this exemption for the purposes of “aerial photography, videography, mapping, crop surveying, inspections and

other flight operations”. The reason for such a general and broad based request is that the petitioner wishes to utilize a

business strategy of horizontal integration maximize economies of scope in order to capitalize on opportunities as they

may arise in the future without the long turnaround time associated with addit ional exemptions. The petitioner's business

model is based on the idea of offering ad hoc small UAS services to individuals or companies who wish to employ these

services as a safe, effective, and legal o ption to enhance their business, property or hobby.

2) The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 UAS is a battery powered UAS that serves as a safe, efficient, and economical alternative to the

manned aircraft traditionally utilized to obtain aerial images . By reducing the number of manned aircraft needed to

perform aerial photography and or videography, an exemption allowing the use of a DJI Phantom 2 UAS would reduce

the number of manned aircraft in the NAS, reduce noise and air pollution, as well as incr ease the safety of life and

property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft can be reduced. The DJI Phantom 2 UAS does not

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial missions would result in

fewer aircraft that must be handled by ATC facilities during all phases of flight operations.

3) The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 UAS.

Conducting aerial operations with the DJI Phantom 2 UAS, instead of manned aircraft, will greatly benefit the public by

drastically reducing the levels of air and noise pollu tion generated during traditional aerial flight operations. By using

battery power and electric motors, the DJI Phantom 2 UAS produces no air pollution and is most viable environmentally

conscious alternative to piston or turbine powered rotorcraft. The DJ I Phantom 2 UAS, while reducing the carbon

footprint of aerial operations , also eliminates noise pollution as its battery powered electric motors are barely audible

during the take

- off phase and cannot be heard wh en operating at 80 feet AGL or higher.

By using the DJI Phantom 2 UAS to perform aerial operations , the substantial risk to life and property in the air and on

the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or

completely eliminated. Aside from the lack of aircrew members located onboard the aircraft, the DJI Phantom 2 UAS

(weighing approximately 4.4 pounds ) at its maximum gross weight with a diagonal length of 13.7 inches, with no fuel on

board , has less physical potenti al for collateral damage to life and property on the ground, and in the air than c ompared to

the manned aircraft that typically conduct aerial operations such as helicopters and small single engine aircraft that weigh

over 4, 000 to 6,000 pounds a nd carry 7 0

- 15 0 gallons of highly flammable fuel. Operations for this petition will enable

service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits

of their desired photographic subjects that cannot be displayed through ground level videography and photography. As

stated previously, a erial photography is a valuable marketing tool that can lead to increased commerce and enhance

personal photography. Crop surveying applications could lead to decreased use of pesticides, fertilizer and conservation

of water as well as increased crop yields and decreased costs. A erial surveying and inspections can increase work site

efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients with photographic data for

these purposes on a ‘for hire’ basis acting as an independent contractor.9 The petitioner is requesting this exemption for the purposes of “aerial photography, videography, mapping, crop

surveying, inspection s and other flight operations”. The reason for such a general and broad based request is that the

petitioner wishes to utilize a business strategy of horizontal integration and maximize economies of scope in order to

capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional

exemptions. The petitioner's business model is based on the idea of offering ad hoc small UAS services to individuals or

companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby.

Safety Features: The UAS has several safety features which will minimize the potential for fly

- aways and maximize the

safe and efficient use of the aircraft in the NAS. The DJI Phantom 2 U AS Naza

- M

- V2 controller provides Intelligent

Orientation control (Home Lock and Course Lock features). The Home Lock feature allows for a safe return should the

operator (i.e. PIC ) get disoriented as to the direction the aircraft is moving. Once activated on the remote control, the

operator can simply pull back on the right control stick and the DJI Phantom 2 will return to the remote control regardless

of the aircraft’s location from the remote control.

The Course Lock feature will allow the operator to maintain a specific course regardless of aircraft orientation. The

Naza

- M

- V2 controller also provides for "fail safe" and "lost

- link" safeguards. The "fail safe" feature means that when the

controller link is lost all outputs of the command sticks from t he controller will go the center point. An example would be

if the aircraft is in a climbing left turn and the communication link is lost, the aircraft would transition into a level hover

position and would not continue with the last assigned controller in structions.

After 3 seconds of the "lost

- link" scenario, the aircraft will climb or descent (based on altitude the "lost

- link" occurs) to a

pre

- assigned altitude and return to the point of departure and land itself. A more detailed descripti on of each s ystem is

attached

- see attached User's Manual

.

4) Performing Aerial Operations With The DJI Phantom 2 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 UAS is also an economical alternative to using manned aircraft

to conduct aerial operations . As such, operation of the DJI Phantom 2 UAS will allow United States based companies, like

Lofty360 , to remain competitive and will most certainly c ontribute to growth of the U.S. economy. Specifically, with the

rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out the use of

leaded fuels, U.S. owned and operated companies will adopt new and alternative technology in order to remain

compe titive.

Operating the battery powered DJI Phantom 2 UAS is one such technology that not only allows companies greater

operational flexibility compared to manned aircraft, but also provides flexibility without the high operational cost of a

traditional m anned aircraft. By operating the DJI Phantom 2 UAS, companies like Lofty360 can remain competitive and

profitable, and therefore provide greater job stability to employees and contractors, which will ultimately contribute to

growth of the U.S. economy.

Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 UAS, provides a stable

workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to

invest in research an d development in order to remain competitive both in the United States and abroad as many other

countries are aggressively employing this technology.

5) There Are No Privacy Issues:

Like manned aerial flight operations that have been conducted for decades, the proposed operation of the DJI Phantom 2

UAS will not create nor implicate any privacy issues. Specifically, the DJI Phantom 2 will be operated over public right

of

- way or above private property with the property owner/controllers consent, and in accordance with FAA R egulations.

E. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Lofty360 proposes to commercially operate the DJI Phantom 2 UAS for the special purpose of

conducting aerial operations pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the

operating documents, rotorcraft UASs weighing less than 5 5 pounds maximum gross weight: DJI Phantom 2.

Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purposes listed herein.10

3. The UAs will not be flown at an indicated airspeed exceeding 30 knots.

4. The UA S will be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by

the procedures specified in the operating documents unless a special request is made and approved by ATC.

All altitudes reported to ATC will be in feet AGL.

5. The UAS will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be

able to use human vision unaided by any device other than corrective lenses as listed on FAA Airman's

Medical certificate or Driver's License.

6. The PIC will always make use of a SO . All operations will utilize a SO and t he SO will be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC will communicate

verbally at all times. Electronic messaging or texti ng will not permitted during flight operations. The PIC will

be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC

will ensure that the SO can perform the prescribed functions

.

8. During flight operations, the SO will help assist the PIC with detecting and avoiding air traffic, ground based

obstacles , o bstructions , and relate any other safety details to the PIC to maintain safe operations

.

9. The operating documents and the "grant of exemption" will be accessible during UAS operations and made

available to the Administrator upon request. If a discrepancy exists between the conditions and limitations

contained in the grant of exemption and the procedures outlined in the operat ing documents, the conditions and

limitations contained in the grant of exemption take precedence and will be followed. Otherwise, the operator

will follow the procedures as outlined in its operating documents. The operator will update or revise its

operat ing documents as needed . It is the operator’s responsibility to track such revisions and present updated

and revised documents to the Administrator upon request. The operator will a lso present updated and revised

documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that

any update or revision would affect the basis upon which the FAA granted the exemption, then the operator

will petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) will be

contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC will conduct a pre

- flight check and inspect UAS to ensure that it is in a condition

for safe flight and PIC will also follow all Operations and Flight Manual training and procedures as prescribed

in DJI Phantom 2 User's Manual and Pre

- flight checklist etc. If an inspection reveals a condition that affects

the safe operation of the UAS, the aircraft is p rohibited from operating until necessary maintenance has been

performed and UAS is found to be in a condition for safe flight. The Ground Control Station will be included

in the preflight inspection. Any and a ll maintenance and alterations will be properly documented in t he flight

and maintenance log

. Re 91.103

- a preflight and post flight checklist has been developed (see attached).

11. If UAS undergoes maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

replacement of a flight critical component, the UAS will undergo functional pre

- flight and flight tests . The

PIC w ho conducts the functional tests will make an entry i n the flight and maintenance log as needed

.

12. The pre

- flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or

equipment, not already covered in the relevant sections of the operating documents.

13. The operator will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement,

inspection, and life limit requirements.

14. The operator will carry out its maintenance, inspections, and record keeping requirements, in accorda nce with

the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component

parts will be noted in the aircraft records, including total time in service, description of work accomplished,

and the signature of the au thorized person returning the UAS to service.

15. Each UAS operated under this exemption will comply with all manufacturer 's Safety Bulletins.

16. The authorized person will make an entry in the aircraft records showing the corrective action(s) taken t o

remedy discrepancies discovered between inspections.11

17. The PIC will possess a P rivate Pilot certificate or higher; and a current Driver's License or 3rd class FAA

Airman's medical certificate.

18. The operator will not permit any PIC to operate UAS unless the PIC meets the operator’s qualification criteria

and demonstrates the ability to safely operate UAS in a manner consistent with how the UAS will be operated

under the exemption, including evasive and emergency maneuvers and maintaining approp riate distances

from persons, vessels, vehicles and structures. PIC qualification and flight hours will be logged in a manner

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted

un der the terms of t he exemption; h owever, training operations may only be conducted during dedicated

training sessions. During training, proficiency, and experience

- building flights, all persons deemed by PIC as

not essential for flight operations are considered nonparticip ants and PIC will operate the UA S at appropriate

distance s from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations will not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations will be

conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will

be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules

(SVFR) are not authorized.

20. The UA S will not be operated within 5 nautical miles of an airport reference po int as denoted on a current

FAA published aeronautical chart unless a letter of agreement or authorization by airport’s management is

obtained, and the operation is conducted in accordance with obtaining a COA. The letter of agreement with

the airport management will be made available to the Administrator if request ed

.

21. The operator will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization

( COA) when appropriate prior to conducting any operations under the grant of exemption. All operations

shall be conducted in accordance with airspace requirements in the ATO issued COA.

22 . The UA S will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or

when visibility is less than 3 statute miles from the PIC.

23 . If the UA S loses communications or loses its GPS signal, it will return to a pre

- determined locat ion within the

planned operating area and land or be recovered in accordance with the operating documents.

24 . The PIC will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the

operating documents.

25 . The PIC wi ll consider wind and weather conditions will not fly unless there is enough power to fly at normal

cruising speed to the intended landi ng point and land the UA S with at least 20 % battery power remaining.

PIC will ensure that the "Return Home " mode is enabled on all flights to achieve maximum safety

.

26. If required and no relief is given, the UAS will be identified by serial number, registered in accordance with

14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F. R. part 45,

Subpart C. Markings will be as large as practicable.

27. T he radio frequency spectrum used for operation and control of the UA S will comply with the Federal

Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required by 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the Ground Control

Station of the UAS any time the UAS is operating. These documents will be made available to the

Administrator or any law enforcement official upon request.

29. The UAS will remain clear and yield right of way to all manned aviation operations and activities at all times.

30. The UAS will not be operated by the PIC from any moving device or vehicle.

31. UAS will maintain safety and all f light operations will be conducted in accordance of required safe distance

minimums from all n onparticipating persons (persons other than the PIC, SO, operator trainees or essential

persons), ve ssels, vehicles, and structures unless:12

a . The aircraft is operated near nonparticipating persons, vessels, vehicles or structures where the

o wner/controller of such vessels, vehicles or structures has granted permission and or the PIC has

made a safety assessment of the risk of operating closer to those objects and determi ned that it does

not present any undue hazard, and;

b . Operations neare r to the PIC, SO, operator trainees or essential persons do not present an undue hazard

to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with permission from the land

owner/controller or a uthorized representative

, where applicable

. Permission from land owner/controller or

authorized representative will be obtained for each flight to be conducted to comply with FAA regulations

.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational

area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

- 80) ASAP

or within 48 hours. Accidents w ill be reported to the National Transportation Safety Board (NTSB) per

instructions contained on the NTSB Web site: www.ntsb.gov

.

F. 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 Provided By The Rule From Which Lofty360 Seeks Exemption:

1) Reasons Why An Exemption From The Requirements Of Section 91.9(b) Would Not Adversely Affect Safety.

This exemption would maintain the level of safety established by Section 91.9(b) because Lofty360 will keep the UAS

User's / Flight M anual at the ground control station where the PIC will be flying the DJI Phantom 2 UAS and PIC will

have immediate access to the document s

. Previous exemptions granted by the FAA concerning Section 91.9(b) establish

that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the ground control station of a

UAS, where it can be immediately accessed by the PIC

. S ection 91.9(b) “requires aircraft to carry the flight manual so

the pilot would have ready access to the aircraft limitations while in flight.” Exemption No. 8607. However, the FAA has

also found that UAS will always be operated without any passengers or crew onboard, and that “requiring these special

use aircraft [UAS] to carry paper documents may present a safety hazard to the integrity of the [UAS].” The FAA has

previously granted exemptions in circumstances similar, in all material respects, to those p resented herein ( e.g.

, Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

2) Reasons Why Exemption From Requirements Of Section 91.203(a) And (b) Would Not Adversely Affect Safety.

This exemption wou ld maintain the level of safety established by Sections 91.203(a) and (b) because Lofty360 will keep

the required documents at the ground control station where the PIC flying the DJI Phantom 2 UAS will have immediate

access. Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish that safety is not

adversely affected when the Airworthiness Certificate and U.S. 18 registration certificate are kept at the ground control

station of the UAS, where it can be immediately accessed by the PIC

.

Specifically, the FAA has held that the intent of Sections 91.203(a) and (b) is better served by having the required

documents in the control of the UAS operator ( PIC ), reasoning as follows: The original intent of the subject regulation

was to display the airworthiness and registration documents so they would be easily available to FAA inspectors and

passengers for inspection and verification of the airworthiness and registration of the aircraft. In this case, aircraft will

always be operated w ithout any passengers or crew.

The missions for which UASs are intended will prevent the aircraft from being available for the inspections normally

prescribed for civil aircraft. Further, it will be operated on strictly confined missions from a known dep arture and arrival

point, under the constant control of a pilot

- in

- command. We also find that requiring these special

- use aircraft to carry

superfluous paper documents may present a safety hazard to the integrity of the [UAS]. FAA operating limitations and

special arrangements with Air Traffic Control (ATC) for surveillance of [UAS] flights adequately compensate for the

requirements for carrying airworthiness and registration documents. We find the intent of the regulation is better served

by having the req uired documents in the control of the aircraft operator and available for inspection under the special

conditions prescribed in this exemption.

The FAA has previously granted exemptions in circumstances similar, in all material respects, to those present ed herein

( e.g. , Exemption Nos. 8607, 8737, 8738, 9299, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).13 3) Reasons Why An Exemption From Requirements Of 14 C.F.R. § 45.23(b) Would Not Adversely Affect Safety.

We request an exem

ption from § 45.23 Marking of the aircraft because the UAS will not have a cabin, cockpit or pilot

station on which to mark certain words or phrases. Further, the two

- inch lettering is difficult to place on such a small

aircraft with dimensions smaller than the minimal lette ring requirement. Regardless of this, we can mark the UAS in the

largest possible lettering by placing the word “Experimental ” o n its fuselage as required by § 45.29(f) so that everyone

can see the m arkings. Furthermore, letters will be placed in the in most visible location possible , so that all parties will be

informed of the unmanned aircraft’s overall operating status. The FAA has previously granted exemptions in similar

circumstances , in all material respects, to those presented . ( Exemption Nos. 8737, 10167, 10167A, 10700, 10810).

4) Reasons Why An Exemption From The Requirements Of 14 C.F.R. §21.185, Including The Requirement To

Have A Certificate Of Airworthiness, Would Not Adversely Affect Safety.

In seeking this exemption, Lofty360 submits th at the DJI Phantom 2 UAS can operate safely in the NAS without creating

a hazard to other aircraft or people on the ground. Accordingly, the FAA may approve its use without an airworthiness

certificate as demonstrated by: (i) the safe operational history a nd current use of the DJI Phantom 2 UAS in the NAS; ( 2 )

the characteristics of the DJI Phantom 2 UAS; ( 2 i) the limited area of Lofty360 ’s intended operation; (iv) the Safety

Management System Lofty360 has developed for DJI Phantom 2 UAS operations and maintenance; (v) the Private p ilot

requirement; (vi) the specific operating limitations; and (v 2 ) any other conditions that the Administrator may prescribe.

i. The DJI Phantom 2 UAS Has A Proven History Of Operation In The NAS Pursuant To Advisory

Circular 91

- 57, June 9, 1981.

 The DJI Phantom 2 UAS is currently operating safely in the NAS pursuant to Advisory C ircular 91

- 57,

Model Aircraft Operating Standards . The DJI Phantom 2 UAS has been operated worldwide since ' 06.

2 . The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe Characteristics.

 The DJI Phantom 2 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security considering its size, weight, speed, or operational capability. The

specifications of the DJI Phantom 2 UAS are as follows:

Unmanned Aircraft System

- The DJI Phantom 2 is an Unmanned Aircraft System that is comprised of an unmanned

quad

- rotor aircraft and a transportable

, ground station

.... specific details are as follows:

Unmanned Aircraft Dimensions Diagonal Length: 13.7 inches (350mm)

Engine : (Propulsive Unit) (4) Multistar P/N : 2212 (Electric) FAA

Engine Type Cert: None

Propulsive Unit Type: (1) 11.1V 5200mAh, Lithium poly mer

, battery powered.

Motors: B rushless (4) electric motors

Motor, Controller Sub

- Assembly: Manufacturer

- DJI Innovations

Model: Naza

- M

Type: Motor Controller

, 3.15W ( 0.25A@12.6V ) Max. 27 grams Wt.

Motor, Battery: Manufacturer: DJI Innovations

Type Battery : 3S Lithium Polymer

, 5200 milliamp hour

, 11.1V (nominal)

Fuel : None, except as powered by a Lithium Polymer rechargeable

battery, made by DJI, Inc.

, 5200mAh

- 11.1V.

Oil Capacity : Not Applicable.

Maximum Engine Power Output: 130 Watts

Maximum RPM: 920Kv (rpm/v)

Propeller and Propeller Limits : (4 props ) DJI Innovations

FAA Propeller Type Certificate: None

Propeller Type: 2

- blade, ABS plastic, fixed pitch

Propeller Sub

- Assembly: Manufac turer: DJI Innovations

Propeller Model / Size : 9450 ( 10 x 4.5mm )

Battery Command & Control : DJI Innovations battery powers the motor, and internal battery

powers the command and control ground station (remote).14 Airspeed Limits : Vne (Never Exceed Speed) 30 knot s (15 .5 m/s)

Vno (Max imum Structural Cruising Speed): Not Applicable

Va (Maneuvering Speed): Not Applicable

Landing Speed: Not Applicable

Mean Aerodynamic Chord (MAC) : Not Applicable

Leveling Means : Not Applicab le

Maximum Weights : Ramp 4.4 lbs (2

, 000 grams)

Takeoff Weight: 4.4 lbs (2

, 000 grams)

Landing Weight: 4.4 lbs (2

, 000 grams)

Empty Weight : 2.2 lbs. (1

, 000 grams) ( weight without payload modules. )

Computer Software Gro und Station software: iOS

Frequencies : 902

- 928 MHz (ISM Band)

2.4 GHz (ISM Band)

NOTE: FCC license is not required to utilize the above

frequencies; uplink and downlink are on the 900Mhz band.

If video is utilized, uplink, downlink, and video are all on 2.4 Ghz.

Minimum Crew : (1) DJI Phantom 2 UAS

- operated by a single operator.

Number of Seats : (0) Not Applicable.

Max. Operating Altitude : 39 0 ft. AGL

Control Surface Movements : Not Applicable

Nominal Endurance : 20

- 25 minutes 14°

- 122° F (

- 20°

- 50° C)

Maximum Ambient Outside Air Temperature (OAT) 122° F (50° C)

Minimum OAT At Altitude: 14° F (

- 10° C)

Wind Limitation : Not Applicable

Maintenance : The DJI Phantom 2 will be maintained in accordance with

its own Maintenanc e Operation Manual, or later FAA

accepted revision. All maintenance will be entered into logbook s

to maintain records.

2 i. Flight Operations Pursuant To The Exemption Sought Would Be Limited To Areas That Are Not In The

Proximity Of Airports Or Over Populated Areas. Lofty360 proposes not to operate in Class B, C, or D airspace

without written approval from the FAA. The UA S may not operate within 5 nautical miles of the geographic center of a

non

- towered airport as denoted on a current FAA

- published aeronautical chart unless a authorization or letter of

agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as

required by the operator’s COA.

The letter of agreement with the airport management will be made available to t he Administrator upon request. Operations

within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting a mechanism to facilitate suc h

activ ities without requesting a new and separate exemption(s) should the need arise. Operations within class B airspace

are not requested due to the lack of mode C transponder and the desire maintain safe flight operations. Lofty360 proposes

to conduct flight operations over certain areas of the United States only

.

Additionally, we shall :

1. Not operate within 5 miles of any airport or helipad, without the consent of the affected air traffic control

facility. Continuous two

- way radio communication will be established and maintained at all times

during flights in this area;

2. Use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands

if communication with the remote control pilot is lost; c onduct all operations under the flight safety

protocols (includ e posting warning sign : “Attention Aerial Operations in Progress

– Remain Clear ”)

3. Fly UAS according to the " Operating Documents / User's Manual / Owner's Manual " and will actively analy ze

flight data and other sources of information to constantly update and enhance safety protocols

.15 Since this UAS platform is capable of hovering, flying laterally, and ascending/descending over a point, we consider the

DJI Phantom 2 UAS a “helicopter” for the purposes of 91.119(d). Furthermore, all flight operations will be conducted in

accordance with 14 C.F.R. § 91.119. Minimum safe altitudes: General

.

In summary, Lofty360 seeks to operate its DJI Phantom 2 UAS while maintaining safe distances from any populated

areas, airports, helipads, and stadiums etc

.

iv. Operation Of The DJI Phantom 2 UAS Will Be Conducted Pursuant To A Safety Management System.

A Safety Management System (“SMS”) will control Lofty360 ’s operation of the DJI Phantom 2 UAS and will

significantly contribute to maintaining the level of safety contemplated by the airworthiness certificate requirements from

which Lofty360 now seeks relief. Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance Rules (gen eral)

, each

person performing maintenance, alteration, or preventive maintenance on the DJI Phantom 2 UAS, motor, propeller, or

appliance shall use the methods, techniques, and practices prescribed in the current manufa cturer's maintenance manual or

i nstructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices

acceptable to the Administrator. Each person shall use the tools, equipment, and test apparatus necessary to assure

completion of the work in accordance with accepted industry practices.

v. Flight Operations Of The DJI Phantom 2 UAS Are Limited To Th e Line Of Sight Of Certificated Private Pilot

in Command With A Safety Observer ( S O)

.

Lofty360 will only utilize Private pilots and or higher rated pilots with a valid FAA issued A irman medical certificate or

valid U.S. driver’s license to act as PIC of the DJI Phantom 2 UAS. Additionally, all pilots will be assisted by a safety

observer. The PIC and SO will meet the requirements as set forth by the SMS and Standard Operating Procedures adopted

by Lofty360 for safe flight operations of the DJI Phantom 2 UAS.

The UA S will be operated within visual line of sight (VLOS) of the PIC at all times. All operations will be conducted with

a Safety O bserver ( S O) aiding the PIC and all operations will be done within the visual line of sight (VLOS) of the PIC

and S O at all times. The S O may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The SO and PIC will always be able to com municate verbally at all times and t he PIC will be designated

before the flight and cannot transfer designation for the duration of the flight. The PIC will ensure that the SO can perform

the duties required of the SO

.

T he operator will be responsible for maintaining and inspecting the UAS to ensure it is in a condition for safe operation.

Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the U AS is in a condition for safe flight.

The pre

- fl ight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment. If

the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will not operate until the

necessary maintenance h as been performed and the UAS is found to be ready for sa fe flight. The operator will follow the

UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components. Each UAS operated under this exemption will comply with all manufacturer safety bulletins.

vi. Flights Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Lofty360 proposes to commercially operate the DJI Phantom 2 UA S without satisfying the

restricted category airworthiness certification process specified in 14 C.F.R. § 21.185, or otherwise having a certificate of

airworthiness issued by the FAA, as contemplated by 14 C.F.R. Part 21. Lofty360 proposes to operate the UA S, for the

special purpose of conducting aerial operations pursuant to the following specific operating limitations:

1. Flight operations over certain areas of the United States

.

2. The DJI Phantom 2 UAS will be operated below 400 ft. AGL ( above grou nd level ) except as necessary to

comply with the requirements of 14 C.F.R. §91.119.

3. The DJI Phantom 2 UAS shall be operated within line of sight of the PIC and SO

. 4. The DJI Phantom 2 UAS shall be operated pursuant to Day VFR in visual m eteorological conditions (VMC)

and as defined by American Air Almanac ( i.e. between the end of morning civil twilight and the beginning of

evening civil twilight and converted to local time).

5. D uration of each flight shall not exceed 2 0

- 22 minutes or upon reaching 20 % battery power, whichever is less.16

6. The DJI Phantom 2 UAS shall operate from on

- site takeoff/landing locations directly next to the pilot in

command and co

- located safety observer. If the operation is from a watercraft, the PIC and safety observer

shall remain co

- located on the same watercraft.

7. Operations shall be conducted by certificated and licensed airmen as per the FAA requirements

.

8. Operation of the DJI Phantom 2 UAS with any inoperative instruments or equipment shall be prohibited.

9. The DJI Phantom 2 UAS shall be maintained in accordance with the Manufacturer’s Maintenance Manual.

10. The DJI Phantom 2 UAS shall be operated pursuant to 14 C.F.R. Par t 91, operating requirements.

11. Where appropriate, p rior to flight operations, Lofty360 shall coordinate and establish two way

communications with the nearest Air Traffic Control facility.

1 2 . For any flight operations over U.S. Government or state managed lands, Lofty360 shall coordinate with the

appropriate authority to ensure that at least twelve (12) hours advance n otice is given prior to the proposed

flight operations. Coo rdination shall include anticipated periods of operation, p urpose of the flights, and

contact information for the operator should questions or issues arise.

v 2 . Any Other Conditions The FAA May Prescribe For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. § 21.16 entitled

Special Conditions

, Lofty360 requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 2 UAS, which contain such safety standa rds that the Administrator finds necessary to establish a level of safety

equivalent to that established by Section 21.185, and which will permit safe operation of the DJI Phantom 2 UAS for the

special purpose of conducting aerial operations

. 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 c ertificati on in accordance with any requirements that must

be established for the safe operation of the aircraft systems in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI

Phantom 2 UAS, since the airworthiness regulations of 14C.F.R. Part 21 do not contain adequate or appropriate safety

standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions

, states the

following: If the FAA find s that the airworthiness regulations of this subchapter do not contain adequate or appropriate

safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft,

aircraft engine or propeller, he pr escribes special conditions and amendments thereto for the product.

The special co nditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the

aircraft, aircraft engine or propeller as the FAA finds necessary t o establish a level of safety equivalent to that established

in the regulations. See 14 C.F.R. § 21.16

.

Therefore, in accordance with Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for

Lofty360 ’s intended operation of the DJI Phantom 2 UAS, which contain such safety standards that the Administrator

finds necessary to establish a level of safety equivalent to that established by Section 21.185, and which will permit safe

operation of the UAS for the special purpose of conducting aerial operations

.

G . A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Lofty360 Seeks

Exemption: Lofty360 seeks exemption of requirements 14 C.F.R. §§91.9(b), 91.203(a), 91.203(b), 45.23(b) and 21.185.

A Brief Description Of The Nature Of The Exemption Lofty360 Seeks:

This exemption will permit Lofty360 to operate an Unmanned Aircraft System while keeping the documents required by

the regulations at the ground control station and immediately accessible to the pilot in command. Furthermore, the

exemption will relieve Lofty360 from the airworthiness certificate standards and the requirement to have a certificate of

airworthiness for its Unmanned Aircraft System. This exemption will a lso permit any required markings concerning the

operational status of the UAS to be displayed on the fuselage of the unmanned aircraft.17 H . Any Additional Information, Views, Or Arguments Available To Support Lofty360 ’s Request:

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012, Section 333, which directs the

Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Lofty360 ’s requ est for

exemption may be granted pursuant to the authori ty of Section 333 and 14 C.F.R. Part 11, as set forth above. Sec tion 333

sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public or pose a

threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.

Section 333 states the following:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the

date of enactment of this Act, the S ecretary of Transportation shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before completion of the plan and rulemaking

required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of

Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at

a minimum

--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational

capability, proximity to airports and populated areas, and operation within visual line of sight do not create a

hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) wh ether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704

of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under

paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned

aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements

for the safe operation of such aircraft systems in the national airspace system. As discussed in detail above, the

DJI Phantom 2 UAS has in the past, and will continue in the future, to op erate safely in the NAS without creating

a hazard to users of the NAS, or the public, or otherwise pose a threat to our national security.

CONCLUSION :

As set forth above, Lofty360 seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA

Modernization and Reform Act of 2012, which will permit safe operation of the DJI Phantom 2 UAS commercially,

without an airworthiness certificate, for the special purpose of conducting aerial operation over certain areas of the United

States

. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the F AA

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Lofty360 to safely,

efficiently, and economically operate the DJI Phantom 2 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of

2012, Section 333, Lofty360 respectfully requests that the Administrator grant this Petition for an exemption from the

requirements of 14 C.F.R. §§91.9(b), 91.203(a), 91.203(b), 45.23(b), as well as the restricted category airworthiness

certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness

issued for the DJI Phantom 2 UAS, as contemplated by 14 C.F.R. Part 21.

Thank you for y our time and consideration of this exemption request.

Sincerely,

Donald Isaac Tillotson, President

Lofty360 (dba The Tillotson Group., Ltd)

Attachments:

1) Phantom 2

- User 's Manual V1.1 (34 pages)

2) Phantom 2

- Quick Start & Pilot Training Guide (2 pages)

3 ) Phantom 2

- Pre and Post Flight Inspection Checklist ( s e e n e x t page)18 

## Pre and Post Flight Checklist and Inspections

(To include, but not be limited to the following )

1. C onduc t and review weather, forecasts , flight requirements, landing and takeoff distances, flight

patterns, performance data, and determine best flight paths for safety. Visualize and plan details.

2. The PIC will not fly UAS 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.

3. PIC will inspect all UAS parts and system components for proper working condition.

Including, but not limited to:

a. Actuators / Servos

b. All Motors

c. Wiring and Connectors

d. P ropellers: cleaned, inspected for damage, and mounted / balanced correctly

e. Electronic Speed Controllers

f. Batteries Levels and Condition of all power supplies determined

g. Remote Control Functions and Settings

h. Ground Station equipment and connections

4. Co nduct preflight safety discussions and assessments with Safety Observer (SO) regarding

proposed flight plan, possible areas of concern, and discuss steps to minimize or mitigate all

safety risks prior to flight.

5. Obtain p roper clearance of NAS, if needed and obtain proper permissions from any and all

parties that will be involved.

6. Spectator, Crew and Public Safety planning, management, and discussions

.

7. Will have on hand all necessary F light Manual / User Manual, Operating documents, and any

exemptions, etc.

8. P reflight inspections + operational testing recommended in UAS U ser & O perational manuals.

9. Flight Lo g kept with activities recorded, lessons learned, flight conditions, weather, purpose of

flight, time flown, etc.

10. At beginning of flight, display signage indicating "flight operations" taking place.

11. Have SO engage nonparticipants so that PIC is not distracted.

12. Wear clothing that communicates Lofty360 Flight Crew

- be visible

- help nonparticipants

understand fligh t operations are taking place.

13. At end of flight, collect signage.

14. PIC complete Flight entries

- detailing flight operations

15. PIC complete Maintenance Log entries as needed.

16. Conduct post

- flight briefing with SO and record lessons learned in Flight Lo g.