Docket Operations, M-30 U.S. Department ofTransportation 1200 NewJerseyAvenue, SE Room W12-140 West Building Ground Floor Washington DC 20590-0001 **~--'** . ' ' .l

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. July8, 2015

Re: Exemption Request Section 333 ofthe FAAHeforrnAct 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) ofTitle 14, Code

**of:F~deral** Regulations (14 CFR). · · ·

Dear Siror Madam,

Thank you for respondingto my earliE?r ex'emption request(No. FAA-2015-0670.) Iam following up with this letterto provideadditional detail regarding my exemption request.

Iam writing pursuantto the FAA Modernization and Reform Act of2012 and the procedures contained within 14 C.F.R. 11, to request that Dave Topping oftheTopping Group, an ownerofan unmanned aircraft system (UAS) be granted exemption from the Federal Aviation Regulations (FARS) listed within so that I mayoperate my UAS commercially in airspace regulated by the Federal Aviation Administration.

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. '• . . This exemption would allow operation ofmy UAS forthe purpose ofcommercial aerial photography and aerial videographyforcorporate and indostrial clients.

The Topping Group owns a DJIInspire1 (4) blade quad copterweighing 6 lbs. 7.5 ounces. The UAS has a maximum airspeed of30 knots. Using remote controller operating on frequency 5.728-5.850GHZ/2.400- 2.483GHZ. The Inspire 1 is equipped with built in ground supporttechnologythat allows itto fly utilizing GPS for stability, tracking, safeflight mode and return to home feature in the event of loss of remote control signal orcritical low battery. All flights startwith 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 flighttime in excess of 12 minutes and everyflight is programmed to return to original take offpoint and always flown utilizing VLOS. I have approximately 30 hours ofexperiencewith the Phantom 1 system, and have now logged morethan 15 hours with the lnspire1 UAS. I believe the lnspire1 is far superior in flight, safety and reliability. This lightweight aircraft is farsafer than the alternative for aerial photography- manned aircraft, or heavier single rotor radio controlled gas powered helicopters.



# •The Topping Groupwill abide by the following additional operating conditions underthis exemption, which ensures a high level ofsafety during UAS flight.

- Operate UAS below400 feet and within a radius of 1000feet from PIC. All flights will be conducted by atwo-man crew: a PIC who will maintain visual line-ofsight (VLOS) with the helicopter, and a directorwhowill monitorthe video recordings or still photographyvia transmitter.

- Obtain permission from the owner/controller ofanyvessels, vehicles and structures when operations may be conducted closerthan 500 feet to any such vessels, vehicles orstructures; we will conduct a safetyassessment ofthe risk of operating closer to those objects and determinethat it does not present an undue hazard. -Operatethe UAS for 8-12 minutes perflight.

- Land UAS priorto the manufacturer's recommended minimum level ofbattery power.

- Operate UAS during daylight hours only within visual line ofsight (VLOS) -Utilizethe UAS' global positioning system (GPS) flight safetyfeature whereby it hovers and then slowly lands ifcommunication with the remote control pilot is lost
or battery becomes critically low.

- Always obtain all necessary permissions priorto operation

- Have procedures in place to abortflights in the event ofsafety breaches or potential danger. -Reviewweather reports priorto flight and never operate UAS in unsafe conditions, high wind, low clouds or conditions that hindervisibility. -Neveroperate within 5 miles ofan 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 undervarying conditions and environments and will follow all safety protocol ofThe Topping Group as well as guidelines of 14 C.F.R 61.51 (b) having the abilityto safely operate the UAS in a manner consistentwith 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, Ifeel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and§ 91.203(a) and (b) (Certifications required), subjectto certain conditions and limitations, is warranted and meetstherequirements for an equivalent level ofsafety under 14 CFR part 11 and Section 333 of P .L. 112-95 (Section 333).

I request an exemption from § 45.23 Marking ofthe 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 difficultto place on such a small aircraft with dimensions smallerthan 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) sothat anyonewill see the markings.

I request an exemption from§ 91.7(a) which prohibits the operation ofan aircraftwithout 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 aircraftwith

an airworthiness certificate. However, as a safety precaution Iwill perform a preflight inspection ofthe UAS before each flight as outlined in the attached operating documents.

I request an exemption from§ 91.9(b)(2) which requires an aircraftflight manual in the aircraft, howeversince there are no pilots orpassengers on board the aircraft and given its size, this regulation is inapplicable. We believe an equivalent level ofsafetywill be achieved by maintaining a safety/flight manual with the UAS ground station.

I request an exemption from § 91.119 which prescribes safe altitudes forthe operation ofcivil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. Iwill not operate our UAS abovethe altitude of400 feet above ground level (AGL) and will also only operate in safe areas awayfrom the public and traffic, thus "providing a level ofsafety at least equivalentto or below those in relation to minimum safe altitudes." Given the size, weight, maneuverability, and speed ofthe UAS, an equivalent or higher level ofsafety will be achieved.

I request an exemption from § 91.121 Altimetersettings 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 forflight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued

- per the operating documents, the UAVwill be landed atthe first alert. Also, ourflights 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 powerto fly to the first point of intended landing and, assuming normal

# 3cruising speed, land the UAwith 30% battery power remaining.

Public Interest: Aerial videographyfor commercial use has been around for a long time through manned fixed wing aircraft and helicopters, butfor small business owners, its expense has been cost-prohibitive. By granting this exemption Iwould be able to provide this service at a much lower cost.

Further, the small UAS will pose minimal threatto the public given its small size and lack ofcombustible fuel when compared to larger manned aircraft, or single rotor gas powered models.

Summary: The Topping Groupwill comply with all ofthefollowing conditions and limitations should this grant ofexemption be provided:

1) Operations will be limited to the following aircraft described in the operating documentswhich is a quad-rotor aircraftweighing 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 morethan 400 feet above ground level (AGL), as indicated bythe procedures specified in the operating documents. All altitudes reported to ATC must be in feetAGL. 4) The UAS will be operated within visual line ofsight (VLOS) ofthe Pilot In Command (PIC) at all times. 5) All operations will utilize a visual observer (VO). The UAwill be operated within the visual line ofsight (VLOS) ofthe 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 forthe duration oftheflight. The PIC will ensurethatthe 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) Priorto each flight, the PIC will inspectthe UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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 safeflight. 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 affectthe UAS operation orflight characteristics, e.g. replacement ofa flight critical component, will undergo a functional testflight. The PIC who conducts the functional testflightwill make an entry in the aircraft records. 9) The pre-flight inspection section in the operating documents will accountfor all discrepancies, i.e. inoperable components, items, orequipment, not alreadycovered in the relevant sections ofthe operating documents. 10) Iwill follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 11) Iwill carry out maintenance, inspections, and record keeping requirements, in accordancewith the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 12) Each UAS operated will complywith all manufacturer Safety Bulletins. 13) An authorized person will make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 14). The PIC will also meetthe flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on. 15) Priorto operations conducted forthe purpose ofaerial videography/cinematography (or similar operations), the PIC will have accumulated and logged, in a mannerconsistentwith 14 CFR 61.51 (b), 16) Priorto operations conducted forthe purpose ofaerial videography/cinematography (orsimilaroperations), the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum of5 hours as UAS pilot operating the make and model ofthe UASto be used in operations. 17) The PIC will not operatethe UAS forthe purpose ofaerial videography/cinematography and augmenting real estate listing videos (orsimilar operations), unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51 (b), the ability to safely operatethe UAS in a manner consistent with the operating documents, including evasive and emergency maneuvers and maintaining appropriate distancesfrom 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 undervisual meteorological conditions (VMC). 19) The UASwill not operate within 5 nautical miles ofan 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 horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC. 21) Ifa UAS loses communications or loses its GPS signal, itwill 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 ofunpredicted obstacles or emergencies in accordancewith the operating documents. 23) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough powerto fly at normal cruising speed to the intended landing point and land the UAwith 30% battery power remaining. 24) Iwill obtain an AirTraffic Organization (ATO) issued Certificate ofWaiver
orAuthorization (COA) priorto conducting any operations, and also request a Notice toAirman (NOTAM) not morethan 72 hours in advance, but not less than48 hours priorto the operation. 25) Before conducting operations, the radio frequency spectrum used for operation and control ofthe UAwill 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 ofthe UAS anytime the UAS is operating. These documentswill be made availableto the Administrator or any law enforcement official upon request. 27) The UAS will remain clear and yield the right ofwayto all manned aviation operations and activities at all times. 28) The UAS will not be operated by the PIC from any moving device orvehicle. 29) The UAS will not be operated over congested ordensely populated areas. 30) Flight operationswill be conducted at least 500 feetfrom all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. Wewill ensure that nonparticipating persons remain under such protection. Ifa 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 nearvessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does not present an undue hazard, and;
c. Operations nearertothe PIC, VO, operatortrainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 31 )All operations will be conducted over private orcontrolled-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 flightto be conducted. 32) Any incident, accident, orflight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COAwill 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 morethan 25 years TheTopping Group has specialized in video production for corporate and industrial clients, including various defense contractors. Some ofour shooting locations have included military installations and missile firing ranges. We have always adhered to a "safetyfirst" culture, and will continueto do so. On behalfofthe Topping Group Iwould like to thankyou foryour consideration in granting this exemption.

David Topping dba The Topping Group 77 Madeira Court St. Charles, MO 63304314 851 7473

dave@thetoppinggroup.com



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