Docket Operations, M-30 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE Room W12-140 

West Building Ground Floor 

Washington DC 20590-0001 

~--' . ' ' .l . 'l: 

. . ' 

_. :; ' , ~ :, .. • J"" -·;.- '-/ 

. July 8, 2015 

Re: Exemption Request Section 333 of the FAA Heforrn Act of.the Federal 

Aviation Regulations from part 21, subpart H; ;and Sections 45.23(b), 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) of Title 14, Code of:F~deral Regulations (14 

CFR). · · · 

Dear Sir or Madam, 

Thank you for responding to my earliE?r ex'emption request (No. FAA-2015-0670.) 

I am following up with this letter to provide additional detail regarding my exemption 

request. 

I am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, to request that Dave Topping of the Topping 

Group, an owner of an unmanned aircraft system (UAS) be granted exemption from the 

Federal Aviation Regulations (FARS) listed within so that I may operate my UAS 

commercially in airspace regulated by the Federal Aviation Administration. 

' . '• . . 

This exemption would allow operation of my UAS for the purpose of commercial aerial 

photography and aerial videography for corporate and indostrial clients. 

The Topping Group owns a DJIInspire1 (4) blade quad copter weighing 

6 lbs. 7.5 ounces. The UAS has a maximum airspeed of 30 

knots. Using remote controller operating on frequency 5.728-5.850GHZ /2.400-

2.483GHZ. The Inspire 1 is equipped with built in ground support technology that 

allows it to fly utilizing GPS for stability, tracking, safe flight mode and return to 

home feature in the event of loss of remote control signal or critical low battery. 

All flights start with a pre-flight safety check and all flight data are recorded. The 

lnspire1 is equipped with a fixed position camera that sends a live video signal to 

the controller allowing the (PIC) person in control to monitor real time video. 

Flight data, speed height, distance, battery level and general aircraft conditions 

are also displayed during operation. The lnspire1 battery has a flight time in excess of 

12 minutes and every flight is programmed to return to original take off point and always 

flown utilizing VLOS. I have approximately 30 hours of experience with the Phantom 1 

system, and have now logged more than 15 hours with the lnspire1 UAS. I believe the 

lnspire1 is far superior in flight, safety and reliability. This lightweight aircraft is far safer 

than the alternative for aerial photography- manned aircraft, or heavier single rotor 

radio controlled gas powered helicopters. 

• 
The Topping Group will abide by the following additional operating conditions under this 

exemption, which ensures a high level of safety during UAS flight. 

- Operate UAS below 400 feet and within a radius of 1000 feet from PIC. 

All flights will be conducted by a two-man crew: a PIC who will maintain visual line-ofsight (VLOS) with the helicopter, and a director who will monitor the video recordings or 

still photography via transmitter. 

- Obtain permission from the owner/controller of any vessels, vehicles and 

structures when operations may be conducted closer than 500 feet to any such 

vessels, vehicles or structures; we will conduct a safety assessment of the risk of 

operating closer to those objects and determine that it does not present an undue 

hazard. 

-Operate the UAS for 8-12 minutes per flight. 

- Land UAS prior to the manufacturer's recommended minimum level of battery 

power. 

- Operate UAS during daylight hours only within visual line of sight (VLOS) 

-Utilize 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 

or battery becomes critically low. 

- Always obtain all necessary permissions prior to operation 

- Have procedures in place to abort flights in the event of safety breaches or 

potential danger. 

-Review weather reports prior to flight and never operate UAS in unsafe 

conditions, high wind, low clouds or conditions that hinder visibility. 

-Never operate within 5 miles of an airport. 

-Only operate in safe environments that are strictly controlled, are away from 

power lines, elevated lights, and densely populated areas (defined by 

areas depicted in "yellow" on VFR charts and through obtaining information 

regarding congested areas from the local Flight Standards District Office (FSDO); 

- Also conduct extensive preflight inspections and protocols, during which safety 

carries primary importance 

The PIC will also have a minimum of 15 hours logged on this craft and 30 hours 

minimum flying UAS quad copters under varying conditions and environments 

and will follow all safety protocol of The Topping Group as well as guidelines of 

14 C.F.R 61.51 (b) having the ability to safely operate the UAS in a manner 

consistent with the operating documents, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures as outlined. 

Specific Exemptions Requested Given the size, weight, speed, and limited 

operating area associated with the UA, I feel an exemption from 14 CFR part 

21, Subpart H (Airworthiness Certificates) and§ 91.203(a) and (b) (Certifications 

required), subject to certain conditions and limitations, is warranted and meets the 
requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of 

P .L. 112-95 (Section 333). 

I request an exemption 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. The two-inch lettering is difficult to place on such a small aircraft 

with dimensions smaller than the minimal lettering requirement. Regardless of 

this, I can mark the UAS in the largest possible lettering by placing the word 

"Experimental" on its fuselage as required by § 45.29(f) so that anyone will see 

the markings. 

I request an exemption from§ 91.7(a) which prohibits the operation of an 

aircraft without an airworthiness certificate, since there is currently no certificate 

applicable to our operation, this regulation is inapplicable. 

I request an exemption from§§ 91.405(a), 91.407(a)(1 ), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections since they only apply to aircraft with 

an airworthiness certificate. However, as a safety precaution I will perform a 

preflight inspection of the UAS before each flight as outlined in the attached 

operating documents. 

I request an exemption from§ 91.9(b)(2) which requires an aircraft flight 

manual in the aircraft, however since there are no pilots or passengers on board 

the aircraft and given its size, this regulation is inapplicable. We believe an 

equivalent level of safety will be achieved by maintaining a safety/flight manual 

with the UAS ground station. 

I request an exemption from § 91.119 which prescribes safe altitudes for the 

operation of civil aircraft, but it allows helicopters to be operated at lower altitudes 

in certain conditions. I will not operate our UAS above the altitude of 400 feet 

above ground level (AGL) and will also only operate in safe areas away from the 

public and traffic, thus "providing a level of safety at least equivalent to or below 

those in relation to minimum safe altitudes." Given the size, weight, 

maneuverability, and speed of the UAS, an equivalent or higher level of safety 

will be achieved. 

I request an exemption from § 91.121 Altimeter settings as it is inapplicable 

since the lnspire1 UAS utilizes electronic GPS with a barometric sensor. 

I request an exemption from§ 91.151 (a) Fuel requirements for flight in VFR 

conditions. The UAV is 100% electric and two low battery alerts are issued - per 

the operating documents, the UAV will be landed at the first alert. Also, our flights 

will last only 8-12 minutes each, and the UAS has an automated function, which 

results in immediate landing when a low battery is detected. The PIC will not 

begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly to the first point of intended landing and, assuming normal 

3 
cruising speed, land the UA with 30% battery power remaining. 

Public Interest: 

Aerial videography for commercial use has been around for a long time through 

manned fixed wing aircraft and helicopters, but for small business owners, its expense 

has been cost-prohibitive. By granting this exemption I would be able to provide this 

service at a much lower cost. 

Further, the small UAS will pose minimal threat to the public given its small size and 

lack of combustible fuel when compared to larger manned aircraft, or single rotor gas 

powered models. 

Summary: 

The Topping Group will comply with all of the following conditions and limitations should 

this grant of exemption be provided: 

1) Operations will be limited to the following aircraft described in the operating 

documents which is a quad-rotor aircraft weighing less than 7 pounds: 

The OJ I lnspire1 Aircraft System. 

2) The UAS will not be flown at an indicated airspeed exceeding 30 knots. 

3) The UAS will be operated at an altitude of no more than 400 feet above ground 

level (AGL), as indicated by the procedures specified in the operating documents. 

All altitudes reported to ATC must be in feet AGL. 

4) The UAS will be operated within visual line of sight (VLOS) of the Pilot In 

Command (PIC) at all times. 

5) All operations will utilize a visual observer (VO). The UA will be operated 

within the visual line of sight (VLOS) of the VO at all times. The VO and PIC will 

be able to communicate verbally at all times. The PIC will be designated before 

the flight and will not transfer his or her designation for the duration of the flight. 

The PIC will ensure that the VO can perform the functions prescribed in the 

operating documents. 

6) The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. Any revisions to the operating 

documents will be presented to the Administrator upon request. 

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition 

for safe flight. If the inspection reveals a condition that affects the safe operation 

of the UAS, the UAS will not be operated until the necessary maintenance has 

been performed and the UAS is found to be in a condition for safe flight. The 

Ground Control Station will be included in the preflight inspection. All 

maintenance and alterations will be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a 

functional test flight. The PIC who conducts the functional test flight will make an 

entry in the aircraft records. 

9) The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already 
covered in the relevant sections of the operating documents. 

1 0) I will follow the UAS manufacturer's aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

11) I will carry out maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, and alterations will be noted in the aircraft records, including total 

flight hours, description of work accomplished, and the signature of the 

authorized person returning the UAS to service. 

12) Each UAS operated will comply with all manufacturer Safety Bulletins. 

13) An authorized person will make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 

14). The PIC will also meet the flight review requirements specified in 14 CFR 

61.56 in an aircraft in which the PIC is rated on. 

15) Prior to operations conducted for the purpose of aerial 

videography/cinematography (or similar operations), the PIC will have accumulated and 

logged, in a manner consistent with 14 CFR 61.51 (b), 

16) Prior to operations conducted for the purpose of aerial 

videography/cinematography (or similar operations), the PIC will have accumulated and 

logged, in a manner consistent 

with 14 CFR 61.51 (b), a minimum of 5 hours as UAS pilot operating the make 

and model of the UAS to be used in operations. 

17) The PIC will not operate the UAS for the purpose of aerial 

videography/cinematography and augmenting real estate listing videos (or similar 

operations), unless the PIC has demonstrated and logged in a manner consistent 

with 14 CFR 61.51 (b), the ability to safely operate the UAS in a manner 

consistent with the operating documents, including evasive and emergency 

maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

18) UAS operations will not be conducted during night, as defined in 14 CFR 1 .1. 

All operations will be conducted under visual meteorological conditions (VMC). 

19) The UAS will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart. 

20) The UAS 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. 

21) If a UAS loses communications or loses its GPS signal, it will return to a 

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents. 

22) The PIC will abort a flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents. 

23) The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 30% battery power remaining. 

24) I will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations, and also request a 

Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 
48 hours prior to the operation. 

25) Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA will comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements. 

26) The documents required under 14 CFR 91.9 and 91.203 would 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. 

27) The UAS will remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

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

29) The UAS will not be operated over congested or densely populated areas. 

30) Flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. We will ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do 

not present an undue hazard to those persons per§ 91.119(a). 

31 ) All operations will be conducted over private or controlled-access property 

with permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

32) 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) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) per 

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

For more than 25 years The Topping Group has specialized in video production for 

corporate and industrial clients, including various defense contractors. Some of our 

shooting locations have included military installations and missile firing ranges. We have 

always adhered to a "safety first" culture, and will continue to do so. On behalf of the 

Topping Group I would like to thank you for your consideration in granting this 

exemption. 

David Topping dba The Topping Group 

77 Madeira Court 

St. Charles, MO 63304 
314 851 7473 

dave@thetoppinggrou p. com 

7