PazarLaw 11 Carriage House Lane, Boxford, Massachusetts, 01921 P-617 797 7277, F-617 224 4096 1

Steven E. Pazar

Attorney at Law

spazar@pazarlaw.com

VIA ELECTRONIC FILING

May 14, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption pursuant to Section 333 of the FAA Modernization and Reform Act

and Part 11 of the Federal Aviation Administration Regulations

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, LTC Air, LLC (“LTC AIR”), a full service land survey firm, seeks an 

exemption from the Federal Aviation Administration (“FAA”) regulations listed below toallow

commercial operation of its UASs so long as such operations are conducted within an underthe

conditions outlined herein or as may be established by the FAA as required by Section333.

Because the Petitioner will accept the conditions of previously granted exemptions related 

to similar UASs and proposed uses, as outlined in detail herein below, we seek a summary 

approval of this exemption request.

The requested exemption would permit commercial operation of LTC AIR’s UASs, which consist 

of two (2) small, multi rotor aircraft, weighing less than 55 lbs., including payload, performing

precisionaerial inspections or surveys that consist of still photographs, video or other digital data 

collected by an onboard camera or other sensing device. Applications for these UAS devices and 

associated data collection functions include professional land surveying as well as other surveys, 

inspections and/or measurement of difficult to reach equipment orstructures, building exteriors/ 

roof tops, transmission/cell towers, right-of-ways and other landscape features such as field 

crops, forests and water bodies. Use of the UASs for aerial surveys and inspections reduces the

need to operate conventional aircraft or other equipment for the same purpose and provides very

high quality imagery at a fraction of the cost of surveys, inspections and measurements using

conventional means. Likewise, inspections of structures can be safely performed without 

endangering the inspector or inhibitinglocal industrial or public operations with ladders, lifts or 

other potentially dangerous staging platforms and/or equipment. These savings resultin

enhanced efficiency, safety and productivity for the affected activities, as well as environmental

benefits and potential savings in both cost and hazards to the public.
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The name, address and email information of the Petitioner is:

LTC Air, LLC

515 Groton Road

Westford, MA 01886

Attn: Christopher M. Lorrain, PE, Member

Email: clorrain@landtechinc.com

The contact information of the counsel for the Petitioner is:

Steven E. Pazar, Attorney at Law

11 Carriage House Lane

Boxford, Massachusetts 01921

Phone: 617 797 7277 

Email: spazar@pazarlaw.com

Regulations from which the exemption isrequested:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a) (1)

14 C.F.R. 45.23(b): Marking of theAircraft

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

14 C.F.R. 91.7 (a): Civil aircraftairworthiness

14 CFR 91.9 (b) (2): Civil aircraft flight manual, marking, and placard requirements

14 C.F.R. 91.103: Preflight Action

14 C.F.R. 91.109: FlightInstruction

14 C.F. R. 91.119: Minimum SafeAltitudes

14 C.F.R. 91.121: AltimeterSettings

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

14 CFR 91.405 (a): Maintenance required

14 CFR 407 (a) (1): Operation after maintenance, preventive maintenance, rebuilding, or 

alteration.

14 CFR 409 (a) (2): Inspections

14 CFR 417 (a) & (b): Maintenance records
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Section 333(a) through (c) of the Reform Act. This law directs the Secretary ofTransportation

to consider whether certain unmanned aircraft systems (UASs) may operate safely in thenational

airspace system (NAS) before completion of the rulemaking required under Section 333 of the

Reform Act. In making this determination, the Secretary is required to determine which types of

UASs do not create a hazard to users of the NAS or the public or pose a threat tonational security 

in light of the following:

 The UASs size, weight, speed, and operational capability;

 Operation of the UAS in proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). If the Secretary determines that such vehicles “may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority by its terms includes exempting civil aircraft, as the term is defined under

§40101 of the Act, including UASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

LTC AIR interprets this provision to place the duty on the Administrator to notonly process 

applications for exemptions under Section 333, but for the Administrator tocraft conditions for 

the safe operation of the UAS, if it should be determined that the conditionsset forth herein do

not fulfill the statutory requirements for approval. The Administrator may grant an exemption

from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any

sections 44702-44716 of this title if the Administrator finds the exemption in the public interest.

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a)(1).

LTC AIR seeks to utilize two (2) small multirotor UASs (operating only one UAS at any given 

time), weighing less than 55lbs., including payload. One UAS is the DJI Phantom 3 Professional 

and the second is the Aibotix Aibot X6 V2. Each UAS operates under normal conditions at a

speed of no more than 87 knots (100 MPH) and has the capability to hover, and move in the 

vertical and horizontal plane simultaneously. It will operate only in line of sight of the pilot

and/or visual observer and will operate only within the project area. Such operations will insure 

that the UAS will not create a hazard to users of the national airspace system or the public.

Given the small size of the UAS involved and the restricted environment within which itwill

operate, LTC AIR falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned the FAA must, by exemption, allow commercial operationsof UASs 

to commence immediately. Also due to the size of the UAS and the restricted areasin which the

relevant UAS will operate, approval of the application presents no national security issue. Given

the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surroundingthe proposed 

operations, and the significant public benefit, including enhanced safety, reductionin

environmental impacts, including reduced emissions associated with allowing UASsfor

inspection and survey operations, the grant of the requested exemptions is in the public interest.

Accordingly, LTC AIR respectfully requests that the FAA grant the requested exemption, on a 

summary basis if possible, without delay.
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Aircraft and equivalent Level of Safety:

LTC AIR proposes the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or even higher level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to the already safe

photography and surveying operations conducted with conventional aircraft.

LTC AIR agrees to be bound to the terms and conditions listed below (terms and conditions similar 

to previously granted exemptions) when conducting commercial operations under an FAA issued 

exemption:

1. Operations authorized by the grant of exemption are limited to the DJI Phantom 3 

Professional and Aibotix Aibot X6 V2 when weighing less than 55 pounds including 

payload. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour).

The exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UAS be operated at

airspeeds greater than the maximum UAS operating airspeed recommended by the 

aircraft manufacturer.

4. The UAS must be operated at an altitude of no more than 400 feet above ground

level (AGL). Altitude must be reported in feet AGL.

5. The UAS must 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 specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UAS must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. The exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in the grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the

administrator upon request. If a discrepancy exists between the conditions and 
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limitations in this exemption and the procedures outlined in the operating

documents, the conditions and limitations herein take precedence and must be

followed. Otherwise, the operator must follow the procedures as outlined in its

operating documents. The operator may update or revise its operating documents. 

It is the operator’s responsibility to track such revisions and present updated and

revised documents to the Administrator or any law enforcement official upon 

request. The operator must also present updated and revised documents if it 

petitions for extension or amendment to this grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the 

FAA granted this exemption, then the operator must petition for an amendment to 

its grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be 

contacted if questions arise regarding updates or revisions to the operating

documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

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

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must 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 is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under the grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in

 14 FR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstratesthe ability 

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

under this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC qualification 
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flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). 

Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, 

and experience-building) and determining the PIC’s ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption are permitted 

under the terms of this exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and 

the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UAS may not operate within 5 nautical miles of an airport reference point (ARP)

as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available to 

the Administrator or any law enforcement official upon request.

17. The UAS may 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.

18. If the UAS loses communications or loses its GPS signal, the UAS must return to

a pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UAS to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings

must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 
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official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

i. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UAS and/or debris in the event of an accident. The operator 

must 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 UAS, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons; and

ii. The owner/controller of any vessels, vehicles or structures has granted

permission for operating closer to those objects 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.

27. The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption.

28. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

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

Unless otherwise specified in the grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 

45, 47, 61, and 91.

Description of SpecificRegulations:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(1)

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

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by LTC AIR,an exemption from

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701) and Section 333 of 

the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 
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airworthiness certificate, upon consideration of the size, weight, speed, operational capability,

and proximity to airports and populated areas of the particular UAS. The UASs to be operated

hereunder are less than 55 lbs. fully loaded, carry neither a pilot nor passenger, carry no 

explosive materials or flammable liquid fuels, and operateexclusively within a secured area. 

Like other civil aircraft, operations under this exemption will betightly controlled and monitored

by the operator, pursuant to the UAS Manual's requirements (references to the applicable UAS 

Manual are provided on Page 12 below), and under the requirements and in compliance with

local public safety requirements. The UASs described in this petition will be operated at low

speed in a controlled environment at least five miles from an airport. An analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the restricted

environment and under the conditions proposed will be at least as safe, or safer, than a

conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate

without the restrictions and conditions proposed. These safety enhancements provide a greater

degree of safety to the public and property owners than conventional operations conducted with

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. The FAA has issued similar

exemptions to this regulation, see example Exemptions Numbers: 11062; 11171 and 11316.

14 C.F.R. 45.23(b): Marking of theAircraft

This regulation requires certain experimental, provisionally certificated aircraft, or lightsport

category aircraft to be marked with letters between 2 inches and 6 inches high "limited,"

“restricted," "light-sport," "experimental," or "provisional," near each entrance to a cabin, cockpit,

or pilot station.

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 §45.29 (f).

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

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

identification of the UAS as "Experimental." The FAA has issued similar exemptions to this 

regulation, see example Exemptions Numbers: 10700; 8738 and 11316.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot incommand

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Unlikea 

conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no

living thing or cargo on board. The area of operation is controlled and restricted, and all flights

are planned and coordinated in advance. The risks associated with the operation of the UAS are 

so diminished from the level of risk associated with commercial operations contemplated by Part

61 when drafted, that allowing operations of the UAS as requested with a pilot who is an

experienced UAS operator exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) 

& (b). The FAA has issued similar exemptions to this regulation, see example Exemptions 

Numbers: 11062; 11065; 11156; 11171 and 11316.

14 C.F.R. 91.7 (a): Civil aircraftairworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy
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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 and the requirements contained in the UAS Manual for maintenance

and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 

The FAA has issued similar exemptions to this regulation, see example Exemptions Numbers:

11062; 11065; 11156; 11171 and 11316.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

The UAS, given its size and configuration has no ability or place to carry such a flight manual on

the aircraft, not only because there is no pilot on board, but because there is no roomor capacity 

to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping

the flight manual at the ground control point where the pilot flying the UAS will have immediate

access to it. The FAA has issued similar exemptions to this regulation, see example Exemption

Numbers: 8607; 8737; 9565; 10167; 32827; 10700 and 11316.

14 C.F.R. 91.103: Preflight Action

This regulation requires each Pilot in Command take certain actions before flight to ensure the

safety of flight. An exemption is needed from this requirement as the pilot will take separate

preflight actions, including checking for weather conditions, checking flight battery requirements,

checking takeoff and landing distances, and all other actions in the preflight checklist in the UAS 

Manual. These actions will provide an equivalent level ofsafety. The FAA has issued similar

exemptions to this regulation, see example Exemptions Numbers: 11062; 11171 and 11316.

14 C.F.R. 91.109: FlightInstruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls. By design, UASs and remotely piloted aircraft 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 equivalent level ofsafety provided by the fact that

neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via

radio signals from the controller, and by the size and speed of the aircraft. The FAA has issued 

the similar exemptions from this regulation, see example Exemption Numbers: 5778K and

9862A.

14 C.F. R. 91.119: Minimum SafeAltitudes

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

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

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This

exemption is for a multirotor aircraft that flies similarly to a helicopter, with vertical takeoffand

vertical landing, which will typically operate at altitudes of 100 to 300 AGL so an exemption may

be needed to allow such operations. The UAS will never operate at an altitude higher than 400

AGL and will be in a restricted area, where buildings and people will not be exposed to

operations without their pre-obtained consent. The equivalent level of safety will beachieved

given the size, weight, speed of the UAS as well as the location where it is operated. No flight

will be taken without the permission of the property owner or local officials. Because ofthe
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advance notice to the property owner and any onsite personnel all affected individuals will be

aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighing far more than the maximum 55 lbs. proposed herein and carrying flammable fuel, any

risk associated with our operations is far less than those presently presented with helicopters and 

other conventional aircraft operating at or below 500 AGL in the industry. In addition,the lowaltitude operations of the UAS will ensure separation between these small UAS operations and

the operations of conventional aircraft that must comply with Section 91.119. The FAA has

issued similar exemptions to this regulation, see example Exemptions Numbers: 11062; 11065; 

11080 and 11316.

14 C.F.R. 91.121: AltimeterSettings

This regulation requires each person operating an aircraft to maintain cruising altitudeby

reference to an altimeter that is set "...to the elevation of the departure airport 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 achieved by the operator, pursuant to the UAS Manual and safety check list, confirming

the altitude of the launch site shown on the GPS altitude indicator before flight. The FAA has

issued similar exemptions to this regulation, see example Exemptions Numbers: 11062; 11065;

11156; 11171 and 11316.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. The LTC 

Air UASs are limited to operations in sterile and controlled environments and has a limited range

and flight time which require an exemption from 14 CFR91.151(a). The battery powering the

UASs provides approximately 20 minutes of powered flight for the DJI Phantom 3 Professional 

and 30 minutes for the Aibotix Aibot X6 V2. This does not exceed the 30 minute reserve 

requirement in 14 CFR§91.151. LTC AIR believes that an exemption from 14 CFR §91.151(a)

falls within the scope of prior exemptions. See Exemption Number 10673 (allowing Lockheed 

Martin Corporation tooperate without compliance with FAR 91.151 (a)). Operating the small

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 type of risks that Section 91.151(a) was intended to alleviate given the

size and speed of the small UAS. An equivalent level of safety can be achieved by limiting

flights to 15 minutes, or enough battery reserve to ensure that the UAS lands at the ground station

with at least 20% of battery power (as determined by the onboard monitoring system and the

pilot), whichever happens first. This restriction would be more than adequate to return the UAS

to its planned landing zone from anywhere in its limited operating area. The FAA has issued

similar exemptions to this regulation, see example Exemptions Numbers: 5745; 10673 and10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part: Except as provided in § 91.715, no person may operate a civil 

aircraftunless it has within it the following:

(a) An appropriate and current airworthiness certificate.

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

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

Therefore there is no ability or place to carry certification and registration documents or to

display them on the UAS. An equivalent level of safety will be achieved by keeping these

documents at the ground flight control point where the pilot flying the UAS will have immediate

access to them, to the extent they are applicable to the UAS. The FAA has similar exemptions to

this regulation, see example Exemption Numbers: 9565; 9797; 10700 and 11316.

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

These regulations require that an aircraft operator or owner "shall have that 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 repaired as prescribed in part 43 of this

chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

these sections and Part 43 apply only to aircraft with an airworthiness certificatethese sections

will not apply to LTC AIR. Maintenance will be accomplished by the operator pursuant to the 

UAS Manual. An equivalent level of safety will be achieved because these small UASs are very

limited in size and will carry a small payload and operate only in restricted areas for limited

periods of time. If mechanical issues arise the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. The operatorwill 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 ofsafety. The FAA

has issued similar exemptions to this regulation, see example Exemptions Numbers: 11062; 

11065; 11156; 11171 and 11316.

********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register, should it be determined that publication isneeded:

LTC AIR seeks an exemption from the following rules: 14 C.F.R. §21, subpartH; 14 C.F.R

45.23(b); 14 C.F.R. §§ 61.113(a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119;

91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2)

and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in

surveying, inspection and/or measurement operations.

Approval of exemptions allowing commercial operations of UASs in the surveying, inspection

and/or measurement industry enhances safety while reducing risk. Manned aircraft monitoring 

and surveying creates a greater risk because the craft are much larger,have combustible fuel, and

carry an onboard human pilot. In contrast, a UAS weighing fewer than 55 lbs. and powered by

batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel 

carried on board. The UAS will carry no passengers or crewand, therefore, will not expose them

to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strictconditions
PazarLaw 11 Carriage House Lane, Boxford, Massachusetts, 01921 P-617 797 7277, F-617 224 4096 12

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions

requested herein, including exempting LTC AIR from the requirements of Part 21and allowing

commercial operations. These lightweight aircraft operate at slow speeds, close to the ground,

and in a sterile environment and, as a result, are far safer than conventional platforms such as: i) 

operations conducted with helicopters operating in close proximity to the ground andpeople; or 

ii) placing employees or large access equipment in dangerous situations next to occupied 

structures or spaces.

Privacy

All flights will occur over private or controlled access property with the property owner's prior

consent and knowledge. Survey, inspection and measurement will be directed at inanimate 

objects in areas where the property owner, and authorized third parties on the property, have 

consented to the collection of images and other survey data. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, 

speed, operating capabilities, proximity to airports and populated areasand operation within

visual line of sight and national security - provide more than adequate justification for the grant of 

the requested exemptions allowing commercial operation of LTC AIR UASs in survey industry

applications pursuant to the UAS Manual.

Specific Examples of Potential UAS use by LTC AIR:

LTC AIR seeks to utilize two (2) UAS models:

(a) DJI Phantom 3 Professional - [UAS Manual is too large to download onto FAA 

Shell Docket and may be found at http://www.dji.com/product/phantom3/download – this link is also presented as Exhibit A.]

(b) Aibotix Aibot X6 V2 - [UAS Manual may be found at Exhibit B.]

Use of the two (2) UASs, each as appropriate to the specified task, would allow LTC AIR to:

 Survey, inspect and measure existing inaccessible or difficult to access structures such as tops of 

buildings, sides of bridges, industrial structures, transmission/cell towers, right-of-ways, and

landscape features such as field crops, forests and waterbodies. This would save time and money

and public inconveniences by negating the need to mobilize large lift equipment or close roads 

during surveys, inspections and/or measurements.

 Develop 3D models, Rf and/or thermal imagery using electronic data collected during flight. 

Using software toturn photographs and/or digital data into scalable 3D models, Rf and/or thermal 

images minimizes the need for tape measures and other ‘hands on’ surveying tools which can

inhibit industrial and public operations as well as be a safety issue to employees and the public.

 Develop land surveys quickly and inexpensively compared to conventional methods. Aerial

surveys can be conducted on small areas with the UAS negating the need for large conventional 

aircraft and other conventional surveying devices which mayinhibit industrial or public

operations.
PazarLaw 11 Carriage House Lane, Boxford, Massachusetts, 01921 P-617 797 7277, F-617 224 4096 13

Sincerely,

Steven E. Pazar, Attorney at Law

PazarLaw 

Counsel for the Petitioner - LTC Air, LLC

cc: C. Lorrain, PE, Member, LTC Air, LLC

Attachments: 

Exhibit A - DJI Phantom 3 Professional UAS Manual [UAS Manual is too large to 

download onto FAA Shell Docket and may be found at 

http://www.dji.com/product/phantom-3/download]

Exhibit B - Aibotix Aibot X6 V2 UAS Manual