September 24, 2015

Exemption No. 12978

Regulatory Docket No. FAA−2015−2755

Mr. David Gan

TopGan Drones LLC

17495 Avenida Peregrina

P.O. Box 7129

Rancho Santa Fe, CA 92067

Dear Mr. Gan:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 26, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of TopGan Drones LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial imaging, 

inspecting, mapping, and monitoring.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 3 and DJI S1000.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, TopGan Drones LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, TopGan Drones LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

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

DJI S1000 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 UA 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 UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA 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 UA 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 UA 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. This exemption and all documents needed to operate the UAS and conduct its 

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

exemption, are hereinafter referred to as the operating documents. The operating 
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documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

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

14 CFR § 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 demonstrates the 

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 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 UA 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 UA 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 UA 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 UA 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 
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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 

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:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA 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 UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. 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.

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

nonparticipating persons under this exemption.

27. 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.

28. 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 
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reported to the National Transportation Safety Board (NTSB) per instructions 

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

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this 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.
8

This exemption terminates on October 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
TopGqo ~ 

May 26,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

TopGan Drones LLC 

TopGan Drones LLC 

17495 A.xrni..®. .£~~ 

Po Box 7129 

Rancho Santa Fe, CA 92067 

Tel: 847 372 9703 

Mail: davidtopgan7@gmail.com 

guyazulay33@gmail.com 

Re: Exemption Request Pursuant to Section 33 of the FAA Modernization 

Version A 

Reform Act of2012, 49 U.S.C. §§ 44701(f), and 14 C.F.R. 45.23(b); 14 

C.F.R. Part 21; 14 C.P.R. 61.113(a),(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 

119.121; 91.151(a); 91.203(a),(b ); 91.405(a); 91.407(a)(l ); 91.409(a)(2); 

91.417(a),(b) soug by Top 

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Dear Sir or Madam: 

Pursuant to the FAA Modernization and Reform Act of 2012 and to procedures administered by 

the Department under/within I4 C .F.R. II, TopGan Drones LLC 

("TopGan Drones LLC"), a limited liability company organized under the laws of the state of 

Delaware and owner and operator of small unmanned aircraft, requests exemption from Federal 

Aviation Regulations ("FARs") as stated below. Said request for exemption tendered in order that 

TopGan Drones LLC may operate its small ultra lightweight unmanned aircraft systems (s "UAS") 

commercially in airspace regulated by the Federal Aviation Administration (FAA). This exemption 

request is exclusively for the use ofUAS manufactured by DJI (Phantom 3 and SlOOO UAS 

aircraft) and for operations conducted within and under the conditions outlined herein or as may be 

further established by the FAA as required by§ 333. 

The exemption sought hereof is to permit the operation ofUAS under controlled conditions in 

airspace that is limited, predetermined, controlled as to access: specifically, to allow petitioner to 

supply drone coverage to: 1) monitor precision agriculture and/or irrigation operations; 2) maintain 

aerial assay ofthe operations and physical integrity of commercial drilling and/or excavating 

devices; 3) maintain aerial imaging and/or monitoring of devices and/or materials integral to oil 

and gas pipeline operations; 4) maintain aerial imaging and/or monitoring by which power line and 

cable inspection(s) may be expedited; 5) maintain aerial imaging by which solar panel inspection(s) 

might be expedited; 6) maintain aerial operations by which wind turbine operations may be 

expeditiously inspected; and 7) facilitate aerial mapping and/or graphic imaging by which 

navigational or other devices may maintain and/or adjust course. 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.103 

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14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (a) 

14 C.F.R. 91.203 (a) & (b) 

Granting the exemption sought by TopGan Drones LLC is in furtherance of the public interest for 

reasons which are detailed below and include, but are not limited to: 1) safety benefits following 

from ultra light battery powered remotely controlled and electronically guided unmanned aerial 

surveillance drones operating safely within the National Airspace System ("NAS") replacing 

operations currently conducted by manned aircraft carrying combustible fuel (viz. aircraft posing 

danger of flammable mid-air collisions with manned and other aerial vehicles operating within the 

NAS); 2) the significantly lessened, or altogether averted, possibility of damage(s) to life and 

property in the instance of aerial crash landings involving aircraft powered by flammable fuels; 3) 

significant reduction in the environmental impact from operations presently performed or carried 

out by conventional aircraft; 4) improved visual access to land based and/or underground operations 

in off-limits areas or areas hard to reach by conventional aerial means; 5) providing a more cost 

efficient/effective means for information gathering and/or monitoring relative to drilling, pipeline 

and excavation processes via mechanisms more sensitive and precise; and 6) advancing United 

States national security interests via better and more accurate monitoring of critical national 

infrastructure (pipelines, power lines, cable and other reticulated/networked services and/or utilities 

integral to the operation of national economic lifelines and/or grids); 

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I. STATUTORY AUTHORITY FOR EXEMPTIONS 

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 §40 1 01 of the Act, including 

UAS, 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 U.S .C. §44701 (f) See also 49 USC §44711(a); 49 

USC §44704; 14 CPR §91.203(a)(l). Section 333(b) of the Reform Act informs the Secretary as to 

criteria determining whether UAS may operate in the National Airspace System (NAS) without 

creating a hazard to the user, the public, or a threat to national security. In making this 

determination, the Secretary must consider: 

• The UAS's size, weight, speed, and operational capability; 

• Whether the UAS operates within the visual line of sight of the operator 

Whether the U AS operates outside of highly populated areas and away from close 

proximity to airports Reform Act §333(a). 

If the Secretary determines that a UAS "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). TopGan Drones LLC sUAS are multi rotor vehicles, weighting 20 or fewer 

lbs. including payload. They operate under normal conditions at a speed of no more than 50 knots 

and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The 

UAS will operate only in the pilot's visual line of sight at all times and will operate only within the 

recommendations described in the DJI Flight Manual, Such operations will insure that the UAS 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 UAS involved and the restricted, essentially unpopulated and sterile 

environments within which they will operate, TopGan Drones LLC application falls hereof squarely 

within the zone of safety which Congress envisioned as the standard for exemptions permitting 

commercial operations of sUAS. Also due to the small size of the sUAS and the low altitudes and 

restricted areas in which the craft 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 or improved level of safety which will 

be resultant from the proposed operations the grant of the requested exemptions is in the public 

interest. Accordingly, TopGan Drones LLC respectfully requests that its exemption be granted 

expeditiously. 

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II. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before completion of the 

rule making required under Section 332 of the Reform Act. By granting an exemption the FAA will 

fulfill Congress's intent of allowing UAS to operate with significant safety precautions in low risk 

environments. The use ofUAS on a construction or inspection site can significantly reduce the risk 

to workers of falls while inspecting, surveying, or monitoring site progress. UAS can inspect, 

photograph, and collect data on hard to get to areas that otherwise would require worker inspection. 

Falls are the leading source of workplace fatality and injury on construction sites', and reducing 

falls through UAS use for site imaging could save workers lives. Additionally, UAS could replace 

the use of helicopters and small aircraft to monitor sites. The UAS we propose to fly in this 

application are under twenty pounds, and carry no combustible material on board, as opposed to the 

much larger conventionally powered small aircraft. Shifting to UAS from helicopters presents a 

marked safety increase for the public. Moreover, TopGan Drones LLC sUAS demonstrably reduce 

the negative environmental effects and economic externalities of visual monitoring operations 

presently conducted by conventional aircraft and/or helicopters 

III. EQUIVALENT LEVEL OF SAFETY 

TopGan Drones LLC will be bound by the following limitations in the course of conducting UAS 

operations in accordance with the exemption sought hereof: 

1. Drones operated will weigh (inclusive ofpayload(s)) less than 20 pounds 

2. Flights will be operated within visual line of sight ofPilot(s) in Command (PIC) and 

monitored by visual observers at all times of operation 

3. Maximum total flight time for each operational flight will be less than thirty minutes -

for the DJI Phantom 3, no longer than 25-27 minutes, for the SlOOO no longer than 20 

minutes. TopGan Drones LLC sUAS calculate battery reserve(s) in real time and our sUAS, 

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within the capacity of existing software systems adapted, will return to ground station 

automatically with at least ... % battery power reserve within the limits of operations 

for which exemption is sought (see Flight Manual attached as Appendix ... ) 

4. Flights will be conducted at heights no greater than 200 feet AGL 

5. Crew for each operation will consist ofthe UAS pilot who will keep the UAS within his 

visual line of sight at all times and a Visual Observer (VO) 

6. The UAS PIC will be trained in flight and safety procedures as detailed below and in 

The DJI Manual (Appendix ... ) 

7. The sUAS will only operate only within confined areas as described/identified herein 

8. Individualized briefings (including specifying further safety procedures) will be 

conducted prior each day's production activities. 

9. All pilots (PICs) will have been trained in the operation ofUAS generally and will 

receive up to date information (and/or data, and/or relevant graphic material) relative 

to particular sUAS and operations contemplated. 

10. Required permissions (and/or permits) will be obtained from relevantjurisdictions and 

governing bodies consistent with public policy and valid operative regulation 

11. Should the sUAS lose communications or GPS signal, both Phantom 3 and S1000 

systems have the capabilities to return automatically to a predetermined location or 

locations designated. 

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IV. DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(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 TopGan Drones LLC, 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 (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 UAS. Our small UAS will be operated at low speed in 

a controlled environment, at least five miles from an airport and more than three miles from any 

city or densely populated area. 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. 

The UAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within 

a secured area as set out in this document and the DJI manual . Like other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by the operator, pursuant to this 

document and the DJI Manual's requirements, and under the requirements and in compliance with 

local public safety requirements, to provide security for the area of operation as is currently done on 

active construction sites. These safety enhancements, which already apply to civil aircraft operated 

in connection with construction sites, 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. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and ability to carry an external load 

no greater than three lbs. 

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14 C.F.R. 45.23(b): Marking oftheAircraft 

This regulation requires certain experimental, provisionally certificated 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 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 the following exemptions to this regulation: Exemptions Nos. 

11660, 10700, 8738, 10167 and 10167A. 

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will 

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the pilot operating the aircraft to have completed a UAS flight 

training course of 10 hours before flying a UAS. Unlike a 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 as set 

forth in this document. 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 has met the minimum requirements 

of this document exceeds the present level of safety achieved by 14 C.P.R. §61.113 (a) & (b). 

14 C.F.R. 91.7 (a): Civil aircraft airworthiness 

The above 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 DJI Manual for maintenance and use of safety 

checklists prior to each flight, as set forth in this document, an equivalent level of safety will be 

provided. 

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 room or 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 the following exemptions to this regulation: Exemption Nos. 11660, 8607, 

8737, 8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and 10700. 

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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 this 

document and the DJI Manual. These actions will provide an equivalent level of safety. 

14 C.F.R. 91.109: Flight Instruction 

Section 91.1 03 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, UAS 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 FAA has previously approved exemptions for aircraft without fully functional 

dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety 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. 

14 C.F. R. 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 take off and 

vertical landing, which will typically operate at altitudes of 200 AGL, so an exemption may be 

needed to allow such operations. The UAS will never operate at altitude higher than 200 AGL and 

will be in a restricted area with security 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 the permission of the property owner or local officials. Because of the advance 

notice to the property owner and any onsite personnel as outlined in the Manual, all affected 

individuals will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 10 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 construction 

industry. In addition, the low-altitude 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. 

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14 C.F.R. 91.121: Altimeter Settings 

This regulation requires each person operating an 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 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 Manual and Safety Check list, corifzrming 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 UAS is 

limited to operations in sterile and controlled environments as outlined in the Manual, and has a 

limited range and flight time which require an exemption from 14 CFR 91.15l(a). The battery 

powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 minute 

reserve requirement in 14 CFR §91.15I, UAS flights would be limited to 0 minutes in length. Given 

the limitations on the UAS's proposed flight area and the location of its proposed operations within 

a predetermined area, a longer time frame for flight in daylight or night VFR conditions is 

reasonable. TopGan Drones LLC believes that an exemption from I4 CFR §91.I5I(a) falls within 

the scope of prior exemptions. See Exemption I 0673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.I51(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.I5I(a) was intended to alleviate given the size and speed ofthe small UAS. 

Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. An equivalent level of safety can be achieved by limiting flights to 25 

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. Similar exemptions have been granted to other 

operations, including Exemptions II660, 2689F, 5745, I 0673, and I 0808. 

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

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

aircraft unless it has within it the following: ( 1) An appropriate and current airworthiness 

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

by paragraph (a) of this section or a special flight authorization issued under §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 10 lbs and is operated without an on board 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 issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 14 CFR 91.405 (a); 407 (a)(l); 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 ofthis part and shall between required inspections, 

except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 

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

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to TopGan Drones LLC. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as referenced in this Document and the DJI 

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 200 feet AGL. As provided in the DJI Manual and this document, the operator will ensure that 

the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log 

of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft 

and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety. 

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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 is needed: 

Applicant TopGan Drones LLC seeks an exemption from the following rules: 14 C.P.R. §21, 

subpart H; 14 C.F.R 45.23(b);14 C.P.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 (551 bs or less) in order 

to: 1) monitor precision agriculture and/or irrigation operations; 2) maintain aerial assay of the 

operations and physical integrity of commercial drilling and/or excavating devices ; 3) maintain 

aerial imaging and/or monitoring of devices and/or materials integral to oil and gas pipeline 

operations; 4) maintain aerial imaging and/or monitoring by which power line and cable 

inspection(s) may be expedited; 5) maintain aerial imaging by which solar panel inspection(s) might 

be expedited; 6) maintain aerial operations by which wind turbine operations may be expeditiously 

inspected; and 7) facilitate aerial mapping and/or graphic imaging by which navigational or other 

devices may maintain and/or adjust course. Approval of exemptions allowing commercial 

operations ofUASs in the construction 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 10 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 crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights. The operation of small U ASs, 

weighting less than 20 lbs., conducted in the strict conditions outlined above, will provide an 

equivalent level of safety supporting the grant of the exemptions requested herein, including 

exempting the applicant from the requirements ofPart 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled 

environment and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people and/or other aerial vehicles which 

presently perform, or are performing, functions for which exemptions are sought hereof. 

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