Aug 10, 2015 

United States Department of Transportation

Docket Management System

1200 New Jersey Ave SE

Washington, DC 20590 

RE: Petition of Armstrong Aerial Imaging, LLC for Exemption Pursuant to Section 

333 of the FAA Reform Act 

Attn: To whom it may concern 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Armstrong Aerial Imaging, LLC ("Armstrong Aerial Imaging"), operator of Small Unmanned 

Aircraft Systems ("UAS"), hereby applies for an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of its UASs. Armstrong Aerial Imaging will conduct its 

operations within and under the conditions of this petition or as established by the FAA in granting a 

Section 333 exemption. 

Overview:

Armstrong Aerial Imaging was founded to provide aerial image and data services for customers in 

Seattle, WA and surrounding areas. Scott Armstrong, owner and chief pilot, holds an FAA Airline 

Transport Pilot certificate with over 2,000 hours of flight time and 10 years of aerial photography and 

survey experience. Procedures have been adopted from the industry best practices of manned aircraft 

operations to ensure uncompromising safety standards during operations of Armstrong Aerial Imaging's

UASs.

Armstrong Aerial Imaging intends to operate the DJI Phantom 3 Professional UAS to collect photos and 

videos for the following purposes:

 Real estate

 Construction site monitoring

 Inspection of buildings and structures

 Agriculture

 Environmental monitoring

 Civil planning

 Stock aerial photography
UAS to be used: DJI Phantom 3 Professional:

The DJI Phantom 3 Professional UAS consists of a multirotor aircraft and ground station. The 

aircraft has a maximum gross weight of approximately 3 lbs; measures 12 inches in length, 12 

inches in width, and 7 inches in height; and has maximum speed of approximately 30 knots. It is 

equipped with four rotors, each being driven by a Lithium Polymer battery powered electric motor. 

The ground station consists of a model-airplane style controller with iPad Air 2 providing video and 

advanced controls. The controller operates at a frequency of 2.4 Ghz. Further information 

regarding the DJI Phantom 3 Professional can be found in the attached User Manual.

A. Name and address of the applicant:

Armstrong Aerial Imaging, LLC

Attn: Scott Armstrong

6252 27th Ave NE

Seattle, WA 98115

Ph.: 206-412-1056

Email: scott@armstrongaerial.com

B. Sections of 14 CFR for which exemption is sought: 

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

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. (91.401 - 91.417)

C. Extent of relief sought and reason why Armstrong Aerial Imaging seeks the 

relief:

Relief sought for 14 C.F.R. 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in 

Command. 

Sections 61.113 (a) & (b) limits private pilots to non-commercial operations. Armstrong Aerial Imaging 

requests an exemption of this rule to allow Private pilot certificate holders to act as PICs of its UAS

during commercial operations. As set forth more fully below in Section E, Armstrong Aerial Imaging

believes that an equivalent level of safety will be maintained because no PIC will be allowed to operate 

the UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate the UAS in a manner consistent with the operations specifications as set 

forth herein, including evasive and emergency maneuvers, as well as maintaining appropriate distances 

from people, vessels, vehicles and structures.
Relief sought for 14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Since no airworthiness certificate is required for the UASs to be used, Armstrong Aerial Imaging requests 

relief from this rule to allow for operation of its UASs by determining airworthiness based on compliance 

with operating documents and conducting thorough preflight inspections prior to every flight, as 

described in the operating manual of the UAS.

Relief sought for 14 C.F.R. 91.119: Minimum safe altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (c) limits aircraft 

flying over areas other than congested areas to a minimum altitude of 500' AGL. Over sparsely 

populated areas, aircraft cannot be operated closer than 500 feet of any person, vessel, or structure. 

Armstrong Aerial Imaging requests an exemption to this rule to allow for UAS operations from the 

surface to a maximum altitude of 400' AGL. This is to allow for low altitude aerial photography 

consistent with the intended use of sUAS, while maintaining an equivalent level of safety as described 

more fully in Section E below.

Relief sought for 14 C.F.R. 91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to set the barometric altimeter to the 

appropriate altimeter setting so as to maintain a safe distance from other aircraft. Because the UAS will 

not have an adjustable barometric altimeter, but instead a GPS altitude read-out, an exemption is 

requested to allow operations with an equivalent level of safety.

Relief sought for 14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions.

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The intent of this requirement is to 

provide enough fuel reserve in the event of delays due to congestion or weather at an airport. 

Armstrong Aerial Imaging requests relief from this rule to the extent required to allow flight of their UAS

to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 

minutes. Relief for this rule is requested because without an exemption from 91.151(b), the limited 

flight time duration of Armstrong Aerial Imaging's battery-powered UASs will severely constrain the 

practicality of flight operations while providing a negligible increase in safety.

Relief sought for 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. Armstrong Aerial Imaging

requests relief from these rules since they only apply to aircraft with an airworthiness certificate. 

Armstrong Aerial Imaging proposes to operate the DJI Phantom 3 Professional UAS, which meets the 
conditions of Section 333 of the FMRA for operation without an airworthiness certificate. All 

maintenance, alterations, or preventive maintenance on Armstrong Aerial Imaging's UASs will be in 

accordance with the methods, techniques, and practices prescribed in the operating documents. 

Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will 

perform higher level inspections and maintenance per the operating documents and OEM standards. 

Armstrong Aerial Imaging will document and maintain all maintenance records for the proposed UAS.

D. Why granting the request would be in the public interest

Approval of exemptions allowing commercial operations of UASs will enhance safety by reducing the risk 

associated with performing similar operations in larger manned aircraft. Larger piston or turbine 

powered aircraft carry large amounts of flammable fuel, as well as living human beings. In some 

operations, especially low altitude aerial photography and inspection, these aircraft operate in close 

proximity to structures and other objects, increasing risk. In contrast, a UAS weighing fewer than 55 

pounds and powered by small electric motors eliminates almost all of that risk given the reduced weight 

and lack of combustible fuel carried on board. The UAS will carry no passengers or crew and, therefore, 

will not expose anyone to the risks associated with manned aircraft flights.

E. Why granting the exemption would not adversely affect safety, or how it 

would provide an equivalent level of safety

Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 61.113 

(a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

An equivalent level of safety will be maintained by requiring the PIC of each UAS to demonstrate, by 

meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the UAS 

in a manner consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles, and structures. Armstrong Aerial 

Imaging submits that, due to the operational nature of UAS, the additional manned airmanship skills 

held by a commercially certificated pilot do not transfer to additional skills during UAS operations. 

Armstrong Aerial Imaging will ensure that the PIC of each UAS holds either an airline transport, 

commercial, private, recreational, or sport pilot certificate accompanied by a current FAA airman 

medical certificate or valid U.S. driver's license, as required, and will be accompanied by a Visual 

Observer. The PIC will be required to have accumulated and logged, in a manner consistent with 14 

C.F.R. 61.51(b), 10 hours of total time as a UAS pilot including at least 5 of those hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the exemption. The PIC 

must also have satisfactorily demonstrated evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. In addition to the hour 

requirements, the PIC must accomplish 3 take-offs and landings in the preceding 90 days for currency 

purposes. The Visual Observer will have been given training on UAS regulations, the types of operations 

to be conducted, and procedures necessary for safe and effective conduct of their job duties.
Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.7(a): Civil 

aircraft airworthiness.

An equivalent level of safety will be provided by the PIC's thorough evaluation of the airworthiness of 

the UAS prior to every flight. This evaluation will consist of a thorough preflight inspection consistent 

with the operating manual of the UAS, compliance with all applicable operating documents, and 

verification that all required maintenance has been complied with. The preflight check will consist of a 

visual check of the physical condition of the aircraft and powerplant, an operational check of the flight 

control surfaces, and verification of strong signal between ground control station and aircraft.

Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.119: 

Minimum safe altitudes. 

An equivalent level of safety will be maintained by the PIC and Visual Observer's careful observation of 

the UAS during all operations and the use of standardized callouts to prevent collision with structures, 

vehicles, and vessels. Visual Line of Sight with the UAS will be maintained at all times, and no nonparticipating persons will be present during flight operations. Altitude readouts on the ground station 

will be used to ensure that a maximum altitude of 400' is never exceeded to prevent flight at altitudes of 

manned aircraft. Additionally, the small size, light weight, low speed, and lack of combustible fuel in the 

UAS contribute to an equivalent level of safety that meets or exceeds that that of manned aircraft 

operations in compliance with 91.119.

Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.121 Altimeter 

Settings. 

An equivalent level of safety will be achieved by confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight, and operating the UAS at an altitude of no more than 400' AGL so as 

to maintain adequate separation from manned aircraft operating at higher altitudes. Visual line of sight 

with the UAS will be maintained at all times, and a Visual Observer will be utilized to ensure the UAS is 

clear of all manned aircraft.

Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.151(a): Fuel 

Requirements for Flight in VFR Conditions.

An equivalent level of safety can be achieved by ensuring that the UAS has enough battery power to fly

to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 

minutes. Due to the visual line of sight requirements for UAS, operations will never be conducted 

outside of the vicinity of the PIC and observer. All flights will be planned to allow for a minimum of 5 

minutes of battery time remaining at the planned landing site. If an aborted landing must be conducted, 

the additional 5 minutes of reserve battery will allow for sufficient time to locate a new landing location 

and conduct a safe landing.
Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.405 (a); 407 

(a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

An equivalent level of safety can be obtained by complying with all inspections and maintenance

required by the manufacturer. All maintenance, alterations, or preventive maintenance on Armstrong 

Aerial Imaging's UASs will be in accordance with the methods, techniques, and practices prescribed in 

the operating documents. Furthermore, only the Original Equipment Manufacturer (OEM) or qualified 

OEM maintainers will perform higher level inspections and maintenance per the operating documents 

and OEM standards. Armstrong Aerial Imaging will document and maintain all maintenance records for 

the proposed UAS.

F. Summary for publishing in the Federal Register:

Armstrong Aerial Imaging seeks exemption from the requirements of 14 CFR Sections 61.113 (a) and (b), 

91.7 (a), 91.119, 91.121, 91.151 (a), and 91.401 - 91.417.

This exemption will permit Armstrong Aerial Imaging to conduct commercial operation of Unmanned 

Aerial Systems (UAS) within the National Airspace System for the purpose of aerial photo, video, and 

data collection.

G. Any additional information, views or arguments

Additional information may be found in the attached documents, which include the Phantom 3 

Professional User Manual, Intelligent Flight Battery Safety Guidelines, and Safety Guidelines Disclaimer.

H. Operations outside of the United States

All operations will be conducted within the United States of America.
Conclusion:

As detailed above, Armstrong Aerial Imaging respectfully requests an exemption from the 

aforementioned sections of 14 CFR pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012. If this exemption is granted, it will allow Armstrong Aerial Imaging to conduct commercial 

operations of small UAS under a set of rules allowing for safe aerial data collection, benefiting the public 

and local economy.

Sincerely,

Scott Armstrong

Armstrong Aerial Imaging LLC

6252 27th Ave NE

Seattle, WA 98115

206-412-1056

scott@armstrongaerial.com