Top View Aerial Photography, LLC 

Att: Jose A. Cancel 

194 Glenellen Rd. 

West Roxbury, MA 02132 

Ph: 617-460-9200 

Tony.cancel@topviewaerialshd.com

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act.

Dear Sir or Madam:

Pursuant of Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR part 11, Top View Aerial Photography LLC, operator of an Unmanned Aircraft System (UAS), herby 

applies for an exemptionsfrom the listed Federal Aviation Regulations to allow commercial operation of 

its UAS, so long as such operations are conducted within and under the conditions outl ined herein or as 

may be established by the FAA as required by Section 333.

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

would operate in the following manner:

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

architecture, land surveying, engineering, and other professional activities.

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

events, cinematography, and news gathering.

 Aerial inspection/photography or providing live feed to assist with search and rescue operations 

in case of an emergency or natural disaster only when local authorities has requested it.

The requested exemptions would permit the operation of a UAS under controlled conditions in the 

national airspace system that would be limited, controlled, predetermined, and will provide safety 

enhancements to operation. Approvalof this exemption will thereby enhance safety and fulfill the 

Secretary of Transportations (the FAA Administrators) responsibilitiesto “... establish requirements for 

the safe operation of such aircraft systems in the national airspace system” Section 333(c) of the Reform 

Act.

Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H 

14 CFR Part 45.23(b) 

14 CFR Part 61.113(a) & (b) 

14 CFR Part 91.7(a) 

14 CFR Part 91.9(b) (2) 

14 CFR Part 91.103 

14 CFR Part 91.109 

14 CFR Part 91.119(c) 

14 CFR Part 91.121 
14 CFR Part 91.151(a) 

14 CFR Part 91.203(a) & (b) 

14 CFR Part 91.405(a) 

14 CFR Part 91.407(a) (1) 

14 CFR Part 91.409(a) (2) 

14 CFR Part 91.417(a) & (b) 

FAA Policy 8900.277 Paragraph 16 (cXa) and Paragraph 16 (eX1)

Top View Aerial Photography, LLCwill operate the DJI Inspire 1, Model T600, with a total weight of 

2935g or 6.47lbs. The dimensions are 438mm x 451mm x 301mm or 17.24in x 71.75in x 11.85in. Under 

still air the maximum speed is no more than 22m/s or 49mph with a cruising speed of 11m/s or 25mph. 

The DJI Inspire 1 has the ability to hover and move along a vertical and horizontal plane simultaneously. 

The DJI Inspire 1 has 4 motors, Motor Model DJI 3510, powered by a 6-cell 4500mAh or 5700mAh 

Lithium Polymer bettery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Inspire 1 

will be controlled with two C1 remote controllers (one operates the aircraft and one operates the 

camera) with an operating frequency of 2.400GHz-2.483GHz. The live video feed will have an operating 

frequency of 5.728GHZ-5.850GHz. The applicant will operate the UAS in line of sight within a 

predetermined area owned and/or operated by the property representative.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposefor an equivalent or higher level of safety because operations will 

further enhance the safety of the person and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemptions as set forth in the Flight Operations Manual 

(FOM) include:

 The UAS weight is less than 55lbs.

 The UAS will have a maximum operating speed of no more than 50mph.

 Flights will be operated within line of sight of the UAS pilot and/or visual observer (VO).

 Maximum flight time for each operational flight will be 25 minutes. Flights will be terminated at 

25% battery reserve or 25 minutes of flight time, whichever comes first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL).

 A preflightmeeting will be held regarding the planned UAS operations prior to each flight. For

each commercial operation a minimum crew will consist of the UAS Pilot (PIC), Visual Observer 

(VO) and may include a Camera Operator. All members present will sign a document verifying 

attendance of pre and post operation meeting.

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

 The flights will not occur any closer than a 5 mile radius of the geographic center/Airport 

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

 If operations will be within 5 mile radius of geographic center/ Airport Reference Point (ARP) of 

a tower controlled or uncontrolled airport, the airfield operator and airfield traffic control tower 

(when applicable) will be contacted no later than 24 hours prior to flight operations, advising 
them of the estimated flight time, flight duration, elevation of flight and other relevant 

information.

 All required permissions and permits will be obtained from appropriatestate, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies 

no later than 24 hours prior to operations.

 Written and/or electronic permission from the relevant property owners will be obtained prior 

to operations. Consenting persons will be allowed within 100 feet of the flight operation, and 

may be reduced to a radius of 30 feet based upon equivalent level of safety determination, as 

required under the FOM.

 The UAS pilot will be trained in advance for the safe operation of the UAS to be operated. This 

will include operation of the UAS both in normal and emergency modes of operation and will 

include familiarization with the operation manual published by the UAS manufacturer. Training 

will also include types of maneuvers to be performed and the safe operation in relation to 

persons, property, and applicable airspace.

 The UAS Pilot and VO will be able to communicate by voice or radio at all times.

 If the UAS loses GPS signal or communication with the remote controller, the UAS has the 

capability to return to a predetermined location autonomously.

 The UAS has the capability to abort a flight in case of emergencies.

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR Part 91.203(a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by 14 CFR Part 91.203(a) (1). Given the size and 

limited operating area associated with the UAS to be utilized by Top View Aerial Photography, 

LLC, an exemption from Part 21 Subpart H meets the requirements of an equivalentlevel of 

safety under Part 11 and Section 333 of the Reform Act.

The UAS to be operated has a total weight of 6.47lbs fully loaded and does not carry a pilot or 

passengers. The UAS does not carry explosive materials or flammable liquid fuels and is 

powered exclusively by a 4500mAh or 5700mAh Lithium Polymer battery. Under this exemption, 

appropriate governmental and local public safety agencies will have 24 hours advanced notice of 

all operations and will be tightly monitored thereby providing a greater degree of safety to the 

public. Under the conditions proposed, the UAS will be safer than a conventional aircraft 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

Also, the UAS demonstrates no credible threat to national security due to its size, operating 

speed, flight restrictions, lack of exploding materials, lack of flammableliquids and inability to 

carry a substantial external load.

14 CFR Part 45.23(b)

The regulation requires:When marks include only the roman capital letter “N”and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisional certificate aircraft, the operator must also display on the aircraft 

near each entrance of the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches in heightthe words “limited”, ”restricted”, ”light-sport”, ”experimental”or

“provisional”as applicable.
Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“experimental” can be placed. Given the size of the UAS, two inch lettering will be impossible. 

The word “experimental”will be placed on the fuselage in compliance with Part 45.29(f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by Part 45.29(f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as “experimental”.

14 CFR Part 61.113(a) (b): Private and Commercial Pilot Privilege and Limitations

Currently, there are no applicable areas identified for UAS in either the private or commercial 

sector, therefore an exemption is required to conduct commercial operations.

Under Part 61.113(a) (b) private pilots are limited to non-commercial operations; however an 

equivalent level of safety can be achieved by current regulations because the DJI Inspire 1 UAS 

does not carry any pilot or passengers. Furthermore, although a pilot license is helpful, it will not 

ensure remote control piloting skills. The risks of operating a UAS are far less than the risk 

inherent in the commercial activities outlined in 14 CFR Part 61, thus an exemption is requested 

from Part 61.113 Private Pilot Privileges and Limitations.

In regards to the UAS operational training, the applicant has flown numerous practice flights as a 

hobbyist under different temperatures and climate conditions. The applicant has also gain 

significant experience with the UAS’ performance under various emergency landing situations. 

Presently the applicant is familiarizing himself with the Pilot’s Handbook of Aeronautical 

Knowledge, FAA-H-8083-25A-Single PDF and is eager to participate in any future UAS airman 

certification courses that may be offered.

The applicant sets forth a request for a 120 day temporary airman certificate in accordance with 

Part 63.13 to allow time to obtain a private pilot certificate or to allow the FAA time to establish 

minimum UAS airman certification status.

14 CFR Part 91.7(a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

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

Given the size of the aircraft, throughmaintenance and use of safety check list prior to each 

flight, equivalent level of safety will be provided.

14 CFR Part 91.103: Preflight Action

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

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

aircraft, an exemption will be needed. The operating pilot will take all actions as stated in the 

FOM in Section 4 under Normal procedures including but not limited to reviewing the weather, 

flight battery requirements, landing and takeoff distances, and aircraft performance data before

initiation of flight.

14 CFR Part 91.109: Flight Instruction
This regulation provides that no person may operate a civil aircraft (except a manned free 

balloon) thatis being used for flight instruction unless the aircraft has fully functioning dual 

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

controls. Flight control is accomplished through the use of a control box that communicates with 

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

without fully functional dual controls for a number of aircrafts and for flight instruction in 

experimental aircraft. The equivalent level of safety will be provided by the fact that neither a 

pilot nor a passenger will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR Part 91.119(c) Minimum Safe Altitudes

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

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

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a helicopter and the exemption request authority to operate at 

altitudes up to 400 feet AGL or not more than 200 feet above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. As set forth herein, 

the UAS will never operate higherthan 400 feet AGLwith the exception that in circumstances

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

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

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

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

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

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

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

the filming/photography activity, all affected individuals will be aware of planned flight 

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

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

these operations is far less than those presently presented with conventional aircraft operating 

at or below 500 feet AGL. In addition, the low-altitude operations of the UAS will ensure 

separation between these UAS operations and the operations of a conventional aircraft that 

must comply with Section 91.119.

14 CFR Part 91.121 Altimeter Settings:

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

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

altimetersetting available before departure.”As the UAS may not have a barometric altimeter 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achived by the operator, pursuant to the safety check list and live flight data monitoring 

and confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR Part 91.151(a): Fuel Requirements for Flight in VFR Conditions

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

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

to the first point of intended landing, and assuming normal cruising speed –(1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. ”
The battery power of the UAS provides approximately 25 minutes of powered flight. To meet 

the 30 minutes reserve requirement, UAS flights would be limited to approximately 10 minutes 

in length.Given the limitations of the UAS’ proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR 

conditions is reasonable.

Applicant believesthan an exemption from 14 CFR 91.151(a) falls within the scope of prior 

exemptions. Operating the UAS in a tightly controlled area where only people and property

owners or official representatives who have signed waivers will be allowed, with less than 30 

minutes of reserve fuel, does not engender the types of risks that section 91.151(a) was 

intended to alleviate, given the size and speed of a small UAS. Additionally, limiting UAS flights 

to 10 minutes would greatly reduce the utility for which the exemption will be granted. 

Applicant believes than an equivalent level of safety can be achieved by limiting flight to 30 

minutes or 25% battery power, whichever comes first. This restriction would be more than 

adequate to return the UAS to its landing zone from anywhere in its limited operating area.

14 CFR Part 91.203(a) (b): Carrying Civil Aircraft Certification and Registration.

The regulation provides in part:

(a)Except as provided in Section 91.715, no person may operate a civil aircraft unless it has 

within it the following: (1) An appropriate and current airworthiness certificate...

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

paragraph (a) of this section or a special flight authorization issued under Section 91.715, is 

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

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

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

display them on the UAS.

An equivalentlevel of safety will be achieved by keeping the documents atthe ground control 

point where the ground crew will have immediate access to them, to the extent they are 

applicable to the UAS.

14 CFR Part 91.405(a); 407(a)(1); 409(a)(2); 417(a)&(b): Maintenance Inspections

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

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

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

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

Given that these section and part43 apply only to aircraft with an airworthiness certificate, 

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

accomplished by the operator pursuant to the flight manual and operating handbook. An 

equivalent level of safety will be achieved because the UAS is very limited in size and will carry a 

small payload and operate only in restricted areas for a limited period of time. If mechanical 

issues arise, the UAS can land immediately and will be operating from no higher than 400 feet 

AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the operator 
is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety.

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

performed in accordance with the UAS manufacturer’s user manual. The operator will ensure 

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

needed.

8900.227 Paragraph 16(cXa): PIC Medical and Paragraph 16(eX1) Observer Medical

These regulations require that both the PIC and the VO have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a PIC or VO. Requiring the crew to meet 

the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an 

unnecessary burden. Given that the risk of both the PIC and VO becoming incapacitated at the 

same time and suddenly is very low, the proposesthat the minimummedical requirements be 

vision corrected to 20/20 and a valid state issued driver’s license. An equivalent level of safety 

will be achieved because the UAS operates at low altitude and can brought in for landing in a 

very short period of time if incapacitation was suspected. Furthermore, DJI Inspire 1 is 

equipped with an automatic return home feature that would provide a final level of safety.

Sincerely,

Jose A. Cancel