1

Richard A. Howlett, Project manager Strato 400 a division of Land Grant Surveyors LLC 3904 Abel Drive Columbia, PA 17512 RHowlett@lgs

- llc.com Office: (717) 285

- 7872 Cell: (717) 951

- 3887 Fax: (717) 285

- 7885 Dear Sir or Madam: Pursuant to Section 333 of the Federal Aviation Administration's Modernization and Reform Act of 2012 ( herein referred to as Reform Act) and 14 CFR Part 11, Strato 400 a division of L and Grant Surveyors, hereb y applies for an exemption from the listed Federal Aviation Regulations ( FARs) to allow commercial operatio n of sUAS for precision aerial s urve yi ng , residential and commercial real estate, inspection and aerial photograph y
. Understanding such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required by

section 333. As detailed in this document and the attached DJ I Phantom User's Guide ( herein referred to as User Guide), the requested exemption would permit the operation of sUAS under controlled conditions in airsp ace that is 1) limited, 2) predetermined, 3) controlled as to access and 4) would provide safet y enhancements to the already best practices safety protocols followed by

Strato 400. Approval of this exemption would thereby enhance safet y and fulfill the Se cretary of Transportation's responsibilities to "...establish requirements for the safe operation of such aircraft sy stems in the national airspace sy stem." Section 333(c) Reform Act. The name and address of the applicant is: Strato 400 (a division of Land Grant Surveyors) Richard Howlett 3904 Abel Drive Columbia, PA 17512 (717) 285

- 7872 x: 100
Strato 400 is petitioning the Federal Aviation Administration (FAA) for exemption from : 14 CFR Part 21, Section s 45.23 (b), 14 CFR 61.113(a) and (b), 14 CFR 91.7 (a), 14 CFR 91.9 (b)(2), 14 CFR 91.103, 14 CFR 91.109, 14 CFR91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91

. 203(a) and (b), 14 CFR 91.405(a), 14 CFR 407 (a)(1), 14 CFR 409(a)(2), 14 CFR 417(a) and (b)

**FEDERAL AVIATION ADMINISTRATION AUTHORITY FOR EX EMPTIONS** 2

The Federal Aviation Act expressly grants the FAA Authority to issue exemptions. This statutory authorit y includes exempting civil aircraft as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil airc raft must have a current airworthiness certificate. The Administrator may

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or an y s ections §44702

- 44716 of this title if the Administrator finds th e exemption in the public interest. 49 USC §44701(f). See also 49 USC§ 44711(a); 49 USC §44704; 14 CFR 91.203 (a)(1). Section 333(b) of the Reform Act assist the Secretary in determining whether sUASs may operate in the national airspace s ys tem without creating a hazard to the user, the public, or a threat to national security . In making this determination, the Secretary must consider:

 The sUAS' size, weight, s peed and operational capability ;

 Whether the sUAS operates within the visual line of sight of the operator;
 Wheth er the sUAS operates outside of highl y populated areas and away from close proximity

to airports. Reform Act 333(a). If the Secretary determines that a sUAS "may operate safel y in the national airspace s ys tem, the Secretary shall esta blish requirements for the safe operation of such aircraft in the national airspace sy stem" Id. 333(c) The DJ I Phantom is a multirotor aircraft weighing less than 3 pounds, including payload. It has the ability

to operate under normal conditions at a sp eed of no more than 19.5 knots and has the capability

to hover and move in the vertical and horizontal plane simultaneously . The sUAS will operate only in the pilot's or visual observer's visual line of sight at all times. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace s ys tem or the public." Reform Act Section 333(b). Given the small size of the sUAS involved and the restricted environment of operation, our application falls squarely within the zone of safety (an equivalent level of safet y) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediatel y. Also, due to the small size of the UAS and low altitudes in which our sUAS will operate, approval of the application presents no national securit y issue.
**VEHICLE DESCRIPTION** The sUAS Strato 400 proposes to use is constructed by DJ I ( Da

- Jiang Innovations Science and Technology Co., Ltd. ) and referred to as the DJ I Phantom 1 (hereafter refe rred to as Phantom). The Phantom is commonly referred to as a quad copter or multi rotor (4 rotors and 4 motors) which weighs a total of 1,200 grams equivalent to 2.64 pounds (lbs.) without payload and is powered b y 1 lithium polymer 3s battery . It can carry payloads up to 600 grams equivalent to 1.32 pounds (lbs.) resulting in a total weight of no more3

than 3.95 pounds (lbs) and has an operational range of up to .54 nautical miles. The Phantom can be operated with a maximum wind threshold of 8 miles pe r hour (MPH) for sustained winds and wind gusts up to 10 MPH. The Phantom can be operated entirel y b y a touch screen, map based interface. This means the operator needs only to command the s ystem by mapping way

points and the sy stem autonomousl y flies fo r the operator. The Phantom can be operated in both semi and fully autonomous flight modes, during which the operator simpl y designates a pre

planned flight path for a flight. In addition, the operator can create no fl y zones as well as flight limitation s including altitude, horizontal speed, ascent and descent limitations ensuring the sUAS does not enter areas deemed un safe or unn ecessary to fly over. The sUAS has built

- in intelligent fault handling which allows the Phantom to detect a sy stem fault wh ile in flight and autonomously return to the recorded "home" or take

- off location and land. Faults that can be detected include: loss of communication and low battery levels. All flight operations are global positioning s ys tem (GPS) controlled, ensurin g accurate navigation. At an y point during operation if the Pilot in Command is not explicitly commanding the sUAS to move, the sy stem automatically holds its GPS location. The flight control s ys tem employ s solel y a GPS ensuring stability so long as wind thresholds are not exceeded. Also, a flight termination link

- to prevent a "fl y awa y" or other potentially

dangerous situation is available to the Pilot in Command.
**DESCRIPTION OF SPECIFIC REGULATIONS** 14 CFR Part 21, Subpart H: Airworthiness Certific ates: Subpart H, 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 Strato 400 , an exemption fro m 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 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the re quirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity

to airports and populated areas of the particular sUAS. In all cases, an anal ys is of these criteria demonstrates that the sUAS o perated 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 operating with an airworthiness certificate without the restrictions and conditi ons proposed. 14 CFR 45.23(b): Marking of the aircraft This regulation requires that certain experimental, provisionally certified aircraft, or light

sport category

aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “light

- sport,” “experimental,” or “provisional,” near each entrance4

to a cabin, cockpit or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, 2 inch lettering will be impossible. Strato 400 will mark the sUAS with the organization’s name and address. An insurance barcode attached to the aircraft will al so be linked to Strato 400r

. 14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command Sections 61.113(a) and (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry

a pilot or passengers, the pro posed operations can achieve the equivalent level of safet y by strict adherence to the sUAS's users guide as well as strict adherence to 14 CFR 91.119 . Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled wi th no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the User Guide. The risks associated with the operation of the s UAS are so diminished from the level of risk associated with commercial operations contemplated b y Part 61 when drafted, that allowing operations of the sUAS as requested exceeds the present level of safet y achieved b y 14 CFR 61.113(a) and (b). 14 CFR 91.7(a): Civil aircraft airworthi ness 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 fo r determining airworthiness. Given the size of the aircraft and the requirements contained in the User Guide for maintenance and use of safety checklists prior to each flight an equivalent level of safet y will be provided. 14 CFR 91.9(b)(2): Civil aircra ft flight manual, marking and placard requirements The sUAS, 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 room or capacit y to carry such an item on the aircraft. The equivalent level of safet y will be maintained by keeping the User Manual at the ground control point where the pilot flying the sUAS will have immediate access to it. 14 CFR 91.103: Preflight action This regulation requires each pilot in command take certain actions before flight to ensure the safet y 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 User Guide and safety

checklists. These actions will provide an equivalent level of safet y.5

14 CFR 91.109: Flight instruction Section 91.103 provides that no p erson may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. Exemptions/Rule Making b y design, sUASs and remotel y 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 of safet y is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of the aircraft. 14 CFR 91.119: Minimum safe altitudes 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 an y route or altitudes prescribed for helicopters b y the FAA. This exemption is for a multi

- rotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will ty picall y operate at altitudes of 200 feet above ground level (AGL), so an exemption may be needed to allow such operations. The sUAS will never operate at altitude higher th an 400 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC) only

. The equivalent level of safet y will be achieved given the size, weight and speed of the sUAS as well as the location where it is operated. N o flight will be taken without the permission of the property owner or local officials. Because advance notice to the propert y owner and an y onsite personnel, as well as the precautions outlined below, all affected individuals will be aware of the planned flight operations. Flight operations will be conducted at least 500 feet from all non

- participating persons (persons other than the pilot in command (PI C) or visual observer (VO)), vessels, vehicles and structures, unless: 1. Barriers or structures ar e present that sufficiently protect non

- participating persons from debris in the event of an accident. The PI C will ensure that non

participating persons remain under such protection. If a situation arises where non - participating persons leave such prot ection and are within 500 feet of the sUAS, flight operations will cease immediatel y and/or; 2. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PI C has made a safet y assessm ent of the risk of operating closer to those objects and; 3. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 91.119(a).6

The sUAS will remain within visual line of sight of the PI C or VO. Flight operations wi ll be conducted at least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of all operations within 5 miles of an airport. The FAA will have advance notice of all operations through the filing of notices

- to

- airmen. Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presentl y presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 CFR 91.121: Altimeter Settings This regulation requires each person operating the aircraft to maintain cruising altitude b y reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safet y will be a chieved b y the PI C confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 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 c onditions. Our sUAS is limited to operations in controlled environments and has a limited flight time which require an exemption from 14 CFR 91.151(a). The battery powering th e sUAS provides approximately

12 minutes of powered flight. This would render the sUAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR condit ions is reasonable. An equivalent level of safety can be ac hieved b y limiting flights to 9 minutes, or enough battery

reserve to ensure that the sUAS lands at the ground station with at least 20% of battery

power (as determined by the onboard monitoring s y stem and the PI C), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from an ywh ere in its limited operating area. 14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registr ation The sUAS has no cabin, cockpit or pilot station 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 sUAS. An equivalent level of safety will be achieved b y keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they

are applicable to the sUAS. 14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspe ctions7

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 discrepancie s repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 appl y only to aircraft with an airworthiness certificate, these sections wi ll not a pply to Strato 400 . Maintenance will be accomplished by the operator pursuant to the User Guide. An equivalent level of safet y will be achieved because these sUASs 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 sUAS can land immediatel y and will be operating from no higher than 400 feet AGL. As provided in the User Guide, the operator will ensure that the sUAS is in working order prior to initiating fl ight, 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 airworth y condition to provide the equivalent level of safet y
. **PUBLIC INTEREST** Approval of exemptions allowing commercial operations of sUASs for precision aerial survey s inspections and photography

. Manned aircraft monitoring, surveying and photograph y creates a greater risk due to: larger craft, combustible fu el and carry an onboard human pilot. In contrast, a, sUAS weighing less than 4 pounds and powered b y batteries eliminates virtually all of that risk given the reduced mass and no combustible fuel onboard. The sUAS will carry no passengers or crew and, th erefore, will not expose them to the risks associated with manned aircraft flights. Conducting precision aerial survey s , photograph y and video with the DJ I Phantom, instead of manned aircraft will greatl y benefit the public by drasticall y reducing the l evels of air and noise pollution generated during traditional aerial survey and/or photographic flight operations. By utilizing battery

power and electric motors, the Phantom produces no air pollution and is a viable, environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that is ty pically utilized for aerial survey s, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The Phantom, while reducing the carbon footprint of aerial survey s, also reduces noise pollution as the sUAS is propelled solely via battery

powered electric motors. Eliminating emissions generated b y conve ntional aerial survey s.

**EQUIVALENT LEVEL OF SAFETY** Strato 400 proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and that operate within the limitations listed herein. These limitations8

provide for at least an equivalent or even higher level of safet y to operations under the current regulatory

structure be cause the proposed operations repr ese nt a safety enhancement to the already safe protocols followed by aerial survey and photographic operations conducted with helicopters and other conventional aircraft. Strato 400 will be bound by the following limitat ions when conducting its sUAS operations under an FAA issued exemption: 1. The sUAS will weigh less than 5 pounds 2. Flights will be operated within line of sight of the pilot in command or the visual observer. 3. Maximum total flight time for each operational flight will be restricted to 9 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 9 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Flight operations will be conducted 5 miles f rom an airport and at least 3 miles from an y cit y or densel y populated area, which are depicted in yellow on VFR sectional charts. 6. Flight operations within 5 miles of an airport require notification and approval from the local Flight Standards District Off ice and airport controller. 7. Flight operations will occur during daylight hours and under visual meteorological conditions only

. 8. The FAA will have advance notice of all operations through the filing of notices

to

- airmen. 9. Minimum crew for each operation will consist of the sUAS pilot and visual observer. 10. The sUAS p ilot or visual observer will be an FAA licensed sport pilot or above including an Airman third class medical certificate or valid U.S. Drivers license. 11. The pilot and visual observer will have been trained in the operation of the sUAS. 12. The pilot and visual observer will at all times be able to communicate b y voice and/or radio. 13. Written and/or oral permission from the relevant property holders will be obtained. 14. Flight operations will be conducted at le ast 500 feet from all non

- participating persons, vessels, vehicles and structures unless: a. Barriers or structures are present that sufficiently protect non

Participating persons from debris in the event of an accident. The pilot will ensure that non

- participating persons remain under such protection. If a situation arises where non

- participating persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or b. The aircraft is operated near vessels, vehicles or structures where the land owner/ controller has granted permission and the PI C has made a safet y assessment of the risk of operating closer to tho se objects and; c. Operations near the pilot or visual obser ver do not present an undue hazard to the pilot or visual observer.9

15. If the sUAS loses communication, the sUAS will have the capability to return to a safe pre

- determined location and land. 16. The sUAS will have the capability to abort autonomous flight in case of unpredicted obstacles or emergencies.
**PRIVACY** All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photograph y will take place. Mr. Richard A. Howlett , Project Manager , Strato 400 a division of Land Grant Surveyors LLC, 3904 Abel Drive, Columbia, PA 17512, petitioned the FAA on behalf of Strato 400 Div. of Land Grant Surveyors LLC for an exemption from 14 CFR Part 21, §§ 45.23 (b), 14 CFR 61.113(a) and (b), 14 CFR 91.7 (a), 14 CFR 91.9 (b)(2), 14 CFR 91.103, 14 CFR 91.109, 14 CFR91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.203(a) and (b), 1 4 CFR 91.405(a), 14 CFR 407 (a)(1), 14 CFR 409(a)(2), 14 CFR 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The exemption would allow commercial operation of DJI Phantom small Unmanned Ai rcraft Systems (sUASs) for precision aerial s urveys
. ********* Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national securit y - prov ide more than adequate justification for the grant of the requested exemptions allowing commercial operation of Strato 400's sUAS for precision aerial survey s and photography

. Very Respectfully ,

Richard A. Howlett Strato 400 (division of Land Grant Surveyors LLC) Project Manager