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 Land Grant Surveyors, hereby applies for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow commercial operation of sUAS for 

precision aerial surveying, residential and commercial real estate, inspection and aerial 

photography. 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 DJI Phantom User's Guide ( herein referred 

to as User Guide), the requested exemption would permit the operation of sUAS under 

controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to 

access and 4) would provide safety enhancements to the already best practices safety 

protocols followed by Strato 400. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation's responsibilities to "...establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system." 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, Sections 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 EXEMPTIONS
2

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

statutory authority includes exempting civil aircraft as the term is defined under §40101 

of the Act, including sUASs, from the requirement that all civil aircraft 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 any sections §44702-44716 of this title if the 

Administrator finds the 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 system 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, speed and operational capability;

 Whether the sUAS operates within the visual line of sight of the operator;

 Whether the sUAS operates outside of highly populated areas and away 

from close proximity to airports.

Reform Act 333(a). If the Secretary determines that a sUAS "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 DJI Phantom is a multirotor aircraft weighing less than 3 pounds, including payload. 

It has the ability to operate under normal conditions at a speed 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 system 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 safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of sUASs to commence immediately. 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 security issue. 

VEHICLE DESCRIPTION

The sUAS Strato 400 proposes to use is constructed by DJI (Da-Jiang Innovations Science and 

Technology Co., Ltd.) and referred to as the DJI Phantom 1 (hereafter referred 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 by 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 more 
3

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 per hour (MPH) for 

sustained winds and wind gusts up to 10 MPH.

The Phantom can be operated entirely by a touch screen, map based interface. This 

means the operator needs only to command the system by mapping way points and the 

system autonomously flies for the operator. The Phantom can be operated in both semi 

and fully autonomous flight modes, during which the operator simply designates a preplanned flight path for a flight. In addition, the operator can create no fly zones as well 

as flight limitations including altitude, horizontal speed, ascent and descent limitations 

ensuring the sUAS does not enter areas deemed unsafe or unnecessary to fly over. 

The sUAS has built-in intelligent fault handling which allows the Phantom to detect a 

system fault while 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 system (GPS) controlled, ensuring accurate 

navigation. At any point during operation if the Pilot in Command is not explicitly

commanding the sUAS to move, the system automatically holds its GPS location. The 

flight control system employs solely a GPS ensuring stability so long as wind thresholds 

are not exceeded. Also, a flight termination link- to prevent a "fly away" or other 

potentially dangerous situation is available to the Pilot in Command. 

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates:

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 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 USC §44701(f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement 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 analysis of these criteria demonstrates that the sUAS 

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 

operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

14 CFR 45.23(b): Marking of the aircraft 

This regulation requires that certain experimental, provisionally certified 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 
4

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 also 

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 proposed operations can achieve the 

equivalent level of safety 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 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 as set forth in the User Guide. The risks associated with the operation of the 

sUAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested 

exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 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 and the requirements contained in the User 

Guide for maintenance and use of safety checklists prior to each flight an equivalent level 

of safety will be provided. 

14 CFR 91.9(b)(2): Civil aircraft 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 capacity to carry such an item on the aircraft. 

The equivalent level of safety 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 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 

User Guide and safety checklists. These actions will provide an equivalent level of safety. 
5

14 CFR 91.109: Flight instruction 

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. Exemptions/Rule Making by design, sUASs 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 of safety 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 any route or altitudes prescribed for 

helicopters by the FAA. This exemption is for a multi-rotor craft that flies similarly to a 

helicopter, with vertical takeoff and vertical landing, which will typically 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 than 400 AGL and all 

operations will occur during daylight hours under Visual Meteorological Conditions 

(VMC) only.

The equivalent level of safety will be achieved given the size, weight and speed of the 

sUAS 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 advance notice to the 

property owner and any 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 (PIC) or visual observer (VO)), vessels, 

vehicles and structures, unless: 

1. Barriers or structures are present that sufficiently protect non-participating 

persons from debris in the event of an accident. The PIC will ensure that nonparticipating 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; 

2. The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety 

assessment 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 PIC or VO. Flight operations will 

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 presently 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 by 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 safety will be achieved by 

the PIC 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 conditions. 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 the 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 conditions is 

reasonable. An equivalent level of safety can be achieved by 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 system and the PIC), 

whichever happens first. This restriction would be more than adequate to return the sUAS 

to its planned landing zone from anywhere in its limited operating area. 

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

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 by 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 inspections 
7

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

certificate, these sections will not apply to Strato 400. Maintenance will be accomplished 

by the operator pursuant to the User Guide. An equivalent level of safety 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 immediately 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 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.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of sUASs for precision aerial 

surveys inspections and photography. Manned aircraft monitoring, surveying and 

photography creates a greater risk due to: larger craft, combustible fuel and carry an 

onboard human pilot. In contrast, a, sUAS weighing less than 4 pounds and powered by 

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, therefore, will not expose 

them to the risks associated with manned aircraft flights. 

Conducting precision aerial surveys, photography and video with the DJI Phantom, 

instead of manned aircraft will greatly benefit the public by drastically reducing the 

levels 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 typically

utilized for aerial surveys, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The Phantom, while reducing the carbon footprint of aerial surveys, also 

reduces noise pollution as the sUAS is propelled solely via battery powered electric 

motors. Eliminating emissions generated by conventional aerial surveys. 

EQUIVALENT LEVEL OF SAFETY

Strato 400 proposes that the exemption requested herein apply to civil aircraft that have 

the characteristics and that operate within the limitations listed herein. These limitations 
8

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 protocols followed by aerial survey and photographic

operations conducted with helicopters and other conventional aircraft. 

Strato 400 will be bound by the following limitations 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 from an airport and at least 3 miles 

from any city or densely 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 Office 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 noticesto-airmen.

9. Minimum crew for each operation will consist of the sUAS pilot and visual 

observer.

10. The sUAS pilot 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 by 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 least 500 feet from all non-participating 

persons, vessels, vehicles and structures unless:

a. Barriers or structures are present that sufficiently protect nonParticipating 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 PIC has 

made a safety assessment of the risk of operating closer to those 

objects and;

c. Operations near the pilot or visual observer 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 

photography 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), 14 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 Aircraft Systems 

(sUASs) for precision aerial surveys.

*********

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 security- provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

Strato 400's sUAS for precision aerial surveys and photography.

Very Respectfully,

Richard A. Howlett

Strato 400 (division of Land Grant Surveyors LLC)

Project Manager