Top View Aerial Photography, LLC

Att: Jose A. Cancel
194 Glenellen Rd.

West Rox bury, MA 02132
Ph: 617

- 460

- 9200

T ony. 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 exemptions from the listed F ederal 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 th e FAA as required by Section 333.

Commercial operation of an UAS, as described her e in, 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 sa fety enhancements to operation. Approval of this exemption will thereby enhance safety and fulfill the Secretary of Transportations (the FAA Administrators) responsibilities to “

... establish requirements for the safe operation of such aircraft s ystems 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 91.12114 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 Pa ragraph 16 ( cXa) and Paragraph 16 (eX 1)

Top View Aerial Photography

, LLC will operate the DJI Inspire 1, Model T600, with a total w eight 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 cru i sing speed of 11m/s or 25mph. The DJI Inspire 1 has the ability to h over 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 45 00 mAh or 5700mAh Lithium Polymer bettery. There are four propellers, Propeller Model DJI 1345, in use. The DJI I nspire 1
will be controlled with two C1 remote controller s ( 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 limitation s propose for an equivalent or higher level of safety because operations will further enhance the safety of the person and/or property using conventional aircraft.

These limitati ons 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 op erating 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 mi nutes of flight time, whichever comes first.

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

 A pre flight meeting 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 mil e radius of geographic center/ Airport Reference Point (ARP) of a tower controlled or uncontrolled airport, t he airfield operator and airfield tr affic control tower (when applicable) will be contacted no later than 24 hours prior to flight operations, advisingthem of the estimated flight time, flight duration, elevation of flight and other relevant

information.

 All required permissions and permits will be obtained from appropriate state, county, or city jurisdictions, including local law enforcem ent, 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 w ithin 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 UA S 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 Certi ficates 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 th e 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 e quivalent level 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 conditi ons 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

spe ed, flight restrictions, lack of exploding materials, lack of flammable liquids and inability to

carry a substantial external load.

14 CFR Part 45.23(b)

The regulation req uires : When marks include only the roman capital letter “ N ” and the registration number is displayed on limited, restri cted or light

- sport ca tegory 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 n or more than 6 inches in height the words “ l imited ”

, ” 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 cab in, 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 Co mmercial 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 a re limited to non

- commercial operations; however an equivalent level of safety can be achieved by current regulations because th e DJI Insp ire 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 tem peratures 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 Pi lot ’ 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 P a rt 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 dete rmining airworthiness.

Giv en the size of the aircraft, through maintenance 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

a ircraft, 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 ai rcraft performance data befor e initiation of flight.

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

ballo o n) that is being used for flight instruction unless the aircraft ha s 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 communicatio ns. 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 pilo t 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 h elicopters to be operated at less the minimum s 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 herei n, the UAS will ne ver operate higher than 400 feet AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however, be operated in a restricted area with 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 oper ations of a conventional aircra ft that must comply wi th 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 airpor t or an appropriate altimeter setting available before departure. ” As the UAS may not have a barometric altimeter but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achived by the operator, purs uant 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

Sect ion 91.151(a) prohibits an individual from beginning “ a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and assuming normal cru ising 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 operation s within a predetermined area, a longer time frame for flight in daylight or twilight VFR

conditions is reasonable.

Applicant believes than an exemption from 14 CFR 91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightl y cont roll ed area where only people and property

owners or official representatives who have signed waivers will be allow e d, 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, whic hever 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 airworthine ss 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 55 lbs 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 equivalent level of safety will be achieved by keeping the documents at the ground control point where the ground crew will have immediate a ccess 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): M aintenance Inspections

T hese 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 p rescribed 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 appl y to the applicant

. M aintenance will be accomplished b e 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 work i ng order prior to initiating flight , perform required maintenance , and keep a log of any maintenance performed. Moreover, the operatoris 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

nee ded

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

These regulations requ ire 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 proposes that the minimum medical requirements b e vision corrected to 20/20 and a valid state issued driver ’ s license. An equivalent level of safety
will be achieved because th e 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 featur e that would provide a final level of safety.

Sincerely

,

Jose A. Cancel