September 29, 2015 

406 Aerial Imaging 

President/Owner: Grayson Sperry 

1605 Durston #44 

Bozeman, MT 59715 

Email: 406aerialimaging@gmail.com 

Phone: (406)-599-2666 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room wl2-140 

1200 New Jersey Avenue, SE. Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 3 3 3 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

406 Aerial Imaging, LLC, a company that owns and operates Small Unmanned Aerial Systems 

(UAS), requests to be exempted from certain Federal Aviation Regulations (FAR) listed below in 

order to legally operate UAS for commercial use in controlled and uncontrolled airspace in 

accordance with the conditions outlined herein or as established by the FAA as required by 

Section 333. 

Background and Planned Operations 

406 Aerial Imaging, LLC is a Montana based company owned by Grayson Sperry. Mr. Sperry is 

a commercially rated pilot and Certified Flight Instructor, with a current medical certificate and 

flight review. Mr. Sperry has approximately 300 hours logged and is estimated to have 

approximately 50 hours of flight experience with remote controlled aircraft and is familiar with 

maintenance and operating limitations of such systems. 406 Aerial Imaging, LLC 's operations 

will be conducted in the safest manner possible while focusing on photography/videography 

(real-estate imaging, natural or scenic settings, and imaging for events or outings), inspections, 

training, assessments, etc. 
Equivalent Level of Safety 

The requested exemption would permit the operation of a lightweight (under 55 pounds total 

takeoff weight) unmanned aerial system (UAS) under controlled conditions for commercial use 

by a certified commercial pilot, which would enhance the level of safety and fulfilling the 

Secretary of Transportation's or the FAA Administrator's responsibility to "Establish 

requirements for safe operation of such aircraft systems in national airspace systems", Section 

333(c) of the Reform Act. The Enhanced Safety of using a UAS system for these purposes 

compared to a manned aircraft of significantly greater proportion and carrying a crew with 

flammable fuel is self-evident and beneficial to the public's interest. While safety is the top 

benefactor, additional benefit can benefit from gathering data more quickly with greater 

accuracy, while reducing environmental impact. All operations of 406 Aerial Imaging, LLC will 

be conducted from safe and appropriate distances for the operation. Public safety and privacy is 

top priority, and operations will not be conducted without safeguarding both at all times. 

UAS Devices 

406 Aerial Imaging, LLC's UAS are battery powered and weigh much less than 55 pounds 

(including payload). Our intended fleet will include the DJI Phantom 3 Professional Quadcopter 

and the 3DR X8-M. Specifically, the fleet will consist of: 

Manufacturer Model Max take- Max speed Flight Freq. 

off Time 

Weight 

3DR Solo 4.4lbs 55mph 25 min 2.4GHz 

X8-M 8.llbs llmph 14 min 915 MHz/2.4GHz 

(recommended) 

IRIS- 4.2lbs <87kts(l OOmph) lOmin 915MHz 

MA Pro 

DJI Inspire 1 6.47lbs 49mph 18 min 2.4GHz/5.8GHz 

Phantom 2.82lbs 36mph 23 min 2.400 GHz 

3 

Spreading 24lbs <87kts 15 min Class A Approved 

Wings (lOOmph) 

1000+ 

These UAS operate well under 87 knots (100 mph) and have the capability to hover or 

simultaneously move in the vertical and horizontal planes. The UAS communication methods are 

fully FCC compliant. The primary intent of these UAS are to utilize them for imaging at slow 

speeds in order to produce high quality images and data collection. As upgrades become 

available to these systems and a thorough review of new documentation and additional flight 

training has been completed, we request the ability to upgrade these UAS platforms with 

advancements as they are made (software, sensors, etc.). 

Statutory Authority for Exemptions 
406 Aerial Imaging, LLC submits this application in accordance with the Reform Act, 112 P.L. 

95 331-334, seeking relief from any currently applicable FAR operating to prevent 406 Aerial 

Imaging, LLC from future commercial use of small UAS to operate in the national airspace 

system as described below. The Reform Act Section 332 provides for such integration of civil 

unmanned aircraft into our national airspace system as it is in the public's best interest to do so. 

406 Aerial Imaging, LLC's UAS will meet the definition of"small unmanned aircraft" as defined 

in Section 331, and therefore the integration of these UAS are expressly contemplated by the 

Reform Act. 406 Aerial Imaging, LLC requests permission to use their light weight UAS prior to 

the time at which the Reform Act requires the FAA to promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in national airspace before completion of the rule making 

required under Section 332 of the Reform Act. In making this determination, the Secretary of 

Transportation is required to determine which UAS do create a hazard to users of the airspace 

system, the general public, or pose a threat to national security. These considerations have been 

made in light of the following characteristics: 

1) The UAS size, weight, and speed 

2) Operational capability such as distance and range 

3) Operation ofUAS in proximity to airports and populated areas 

4) Operation of the UAS within visual line of sight (VLOS) 

From the Reform Act 333(a), if the Secretary determines that such vehicles may operate safely in 

the national airspace system, the secretary shall establish requirements for the safe operation 

within national airspace. 

With this in mind, 406 Aerial Imaging, LLC utilizes small UAS in the form of multi-prop RC 

helicopters weighing much less than 55 pounds, and operating at less than 87 knots, and have 

the capability to hover, or move in the vertical and horizontal planes rapidly and precisely. The 

UAS will only be operated within VLOS of the operator and within a controlled flight area not to 

exceed 400 above ground level (AGL). We envision that these UAS will mostly operate below 

200 AGL. These operations will not present a hazard to the national airspace system or to the 

general public. 

In addition to the engineering controls of the aircraft, such as an automatic return to home feature 

when the UAS is low on battery or loses contact with the controller, 406 Aerial Imaging, LLC 

will mitigate additional risk by planning each flight with weather, time, distance, battery, and 

system performance requirements in mind. The small size of the UAS and the low altitudes that 

they will operate within do not pose a risk to national security, as they have small payloads 

designed for cameras and sensor equipment. With security and safety in mind, it shall be noted 

that if any imaging operation takes place in controlled airspace, the controlling agency shall be 
notified (Towers, ARTCC, FSDO if necessary, etc.). Any operations in or underlying special use 

airspace will be handled in accordance with FAR in mind. Through these safety measures, and 

the additional measures listed in the Operational Risk Management section, 406 Aerial Imaging, 

LLC is requesting an immediate exemption to operate UAS in commercial operations. These 

provisions will allow for the safe operation to a greater extent than what Congress had 

envisioned for the FAA to establish. In addition, under Section 333 of the Reform Act, the 

authority contained in the Federal Aviation Act, as amended, the strong level of enhanced safety, 

reduced emissions, reduced cost, and a more reliable/enjoyable service thereby benefits the 

public's interest. With this in mind, 406 Aerial Imaging, LLC is requesting this exemption 

without delay. 

Regulations for Exemption Request 

Regulation Description 

14 CFR 21, Subpart Airworthiness Certificates 

H 

14 CFR 45.23 (b) Identification and Registration Marking 

14 CFR 91.7 (a) Civil Aircraft Airworthiness 

14 CFR 91.9 (b) (2) Civil Aircraft Flight Manual, Marking, and Placard 

Requirements 

14 CFR 91.103 (b) Preflight Action 

14 CFR 91.109 Flight Instruction; Simulated Instrument Flight and 

Certain Flight Tests 

14 CFR 91.119 Minimum Safe Altitudes 

14 CFR 91.121 Altimeter Settings 

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

14 CFR 91.203 (a) & Civil Aircraft: Certifications Required 

(b) 

14 CPR 91.405 (a) Maintenance Required 

14 CFR 91.407 (a) Operation After Maintenance, Preventative 

(1) Maintenance, Rebuilding, or Alteration 

14 CFR 91.409 (a) & Inspections 

(B) 

Additional detail on this request is given in Appendix A below. 

Operational Risk Management: Conditions and Limitations 

406 Aerial Imaging, LLC is proposing procedures and limitations for flight operations. These 

procedures and guidelines will be modified in accordance with the recommendations provided by 

the FAA in conjunction with the submission and approval of this request: 

1) Flights will only be conducted during daylight hours. 
2) Flights will be operated in the VLOS of the operator (PIC) and the Visual Observer (VO) 

using hwnan vision without the assistance of supplemental devices other than corrective 

lenses. 

3) Flights will be terminated at any time the weather or wind deteriorate to be "unsafe for 

flight" as determined by the PIC and manufacturers' recommendations. 

4) All docwnents and maintenance logs associated with the UAS will be present on the site 

of operations. In addition, the credentials of the PI C (pilot certificate, current flight 

review ( or checkride ), current medical, and proper identification) will be available at the 

location of operations. 

5) The UAS will be assessed for airworthiness by the PIC prior to each flight session using a 

checklist from the operations manual of the UAS. All necessary calibrations and testing 

prior to flight will be conducted using the manufacturer's procedure or recommendation. 

6) The UAS will weigh less than 55 pounds and have speeds less than 87 knots. 

7) Flights will not exceed 400 feet AGL. 

8) Crew requirements will be at a minimwn: the operator (PIC), and an observer and/or 

camera operator (VO). The PIC will be responsible for flying the UAS and monitoring its 

flight status and dynamics while maintaining VLOS and keeping the flight systems 

within the manufacturer's recommendations for safe flight. The VO will be involved in 

monitoring the airspace for other aircraft, potential hazards, bystanders, vehicles, and 

unforeseen flight hazards that may arise. 

9) The PIC and crew (VO) will remain in voice contact during the entire flight operation. 

10) Prior to commencing flight operations, all preflight planning will be completed and 

reviewed by the crew and established checklist. This process includes the review of 

weather forecasts, weather radar, and air traffic patterns for the area. The proximity to 

airports and TFR will also be determined using an acceptable aviation procedure 

(Foreflight, Sectional Chart, etc.). If operations are anticipated within the boundaries of 

controlled airspace, the controlling agency will be notified prior to the operation. This 

notification will contain the identification oflocation, anticipated time, and the intent of 

flight operations. 406 Aerial Imaging, LLC will also utilize a hand-held portable radio to 

enable monitoring of local air traffic and to establish communication with other aircraft 

or the controlling agency in the event of an emergency. When in the vicinity of non-tower 

controlled airports, the CT AF will be monitored and communication with other aircraft 

will be conducted on an as needed basis for safe flight operations. All cloud clearance 

requirements will be complied with in respect to the airspace the operation occurs within. 

Proper precautions will also be taken when performing real-estate imaging, as to avoid 

other structures. 

11) The PIC will conduct a final check of the flight area, examining potential flight hazards 

and to ensuring the area is clear of all persons ( excluding crew) and property in the flight 

area. 
12) The PIC will be required to have a pilot certificate appropriate for the level of operation 

or training, as well as at least a third class medical. The PIC must be able to provide these 

documents at the location of operation. 

13) The UAS will have the capability to return automatically to the operator in a safe manner 

in the unlikely event that communication is lost between the UAS and controller. The 

auto-return function will be checked on a regular basis and verified for proper operation. 

When possible, a starting GPS home location will be established prior to starting flight 

operations. 

14) The UAS will have system monitors on the control to inform the operator of flight 

conditions, such as altitude, distance, and/or remaining battery power or low battery 

alarm. 

15) All training will include applicable ground instruction for safe operations. This will 

include at a minimum: 

a. Airspace 

b. Right of Way requirements (assuming UAS must give way to all other forms of 

aircraft) 

c. Proper preflight procedures 

d. Aeronautical Decision Making (ADM) 

e. Flight Training in an area free from hazards. 

16) Written and/or oral permission from relevant landowners/managers will be obtained 

when flights are conducted over private or controlled access property. 
Benefit to the Public as a Whole 

Approval of the 333 exemptions mentioned within this application would allow commercial 

operations of small UAS to provide numerous services that would benefit from aerial imaging, 

data collection, and surveys, all while greatly enhancing safety by reducing overall risk 

associated with using traditional aircraft. Traditional aerial imaging requires aircraft to fly in 

close proximity to populated areas while carrying flammable fuel and a valuable crew. The use 

of small UAS, under 55 pounds, that are battery operated and flying below 400 feet AGL reduces 

the risk of injury to people on the ground and the crew. The granting of the use of small UAS to 

406 Aerial Imaging, LLC will provide our company an opportunity to grow and provide career 

opportunities. This service would also enable the safe and beneficial services that would assist 

other companies in their endeavors and provide information and enjoyment to the general public. 

406 Aerial Imaging, LLC respectfully requests the FAA grand its exemption without delay. The 

FAA has the authority to issue the exemption sought by 406 Aerial Imaging, LLC pursuant to the 

Federal Aviation Act, 85 P.L. 726 (1958) as amended (the Act). 

Please contact me if I can provide additional information to assist and expedite this process. 

Sincerely, 

~~~ 

Grayson Sperry 

406 Aerial Imaging, LLC 

1605 Durston #44 

Bozeman, MT 59715 

406aerialimaging@gmail.com 

Cell ( 406)-599-2666 

Certified Commercial Pilot- 3693383 

Certified Flight Instructor - 3693383CFI 

Appendix A: Regulations for Requested Exemption 
Regulation Description Detailed Description Justification for Exemption 

14 CFR21, Airworthiness Subpart H, entitled Given the size, weight, and defined area 

SubpartH Certificates Airworthiness of operations for 406 Aerial Imaging, 

Certificated, sets forth LLC U AS flight permits exception from 

requirements for Part 21 because they meet an equivalent 

procurement of level of safety pursuant to Section 333 

necessary of the Reform Act. The FAA is 

airworthiness authorized to exempt aircraft from the 

certificates in relation airworthiness certificate requirement 

to FAR 91.203 (a) (1) under both the Act 49 USA 4470 (f) and 

Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to 

exempt U AS from airworthiness 

certificated in consideration of weight, 

size, speed, maneuverability, and 

proximity to areas such as airports and 

dense populations. The UAS to be 

operated weigh than 55 pounds max 

weight and do not carry any persons, 

fuels, or explosive materials. They are 

operated within a secure controlled area. 

Operations under this exemption will be 

tightly controlled and monitored to 

ensure safe operations. 
14CFR Identification This regulation Even though the UAS will have no 

45.23 (b) and requires: When marks airworthiness certificate, an exemption 

Registration include only the may be needed as the U AS will have no 

Marking Roman Capital letter entrance to the cabin, cockpit, or pilot 

"N" and the station on which the word 

registration number is "Experimental" can by placed. Given 

displayed on limited, the size of the UAS, two inch lettering 

restricted, or light- will not be possible. The word 

sport category aircraft "Experimental" will be placed on the 

or experimental or fuselage in compliance with 45.29 (f). 

provisionally The equivalent level of safety will be 

certificated aircraft, provided by having the U AS marked on 

the operator must also its fuselage as required by 45.29 (f) 

display on that aircraft where the pilot, observer, and others 

near each entrance to working with the UAS will see the 

the cabin, cockpit, or identification of the UAS as 

pilot station, in letters "Experimental". The FAA has issued the 

not less than 2 inches following exemptions to this regulation 

nor more than 6 inches to Exemption Numbers: 10700, 8738, 

high, the words 10167, 10167A and 12994. If required, 

"limited", "restricted", the N registration number will also be 

"Light-sport", displayed on the fuselage in the largest 

"Experimental", or reasonable font size appropriate for the 

"Provisional" as dimension of the device for 

applicable. identification purposes. 

14CFR Civil Aircraft This regulation Given the size of the aircraft and the 

91.7 (a) Airworthiness requires that no person requirements contained in the 

may operate a civil Manufacturers Operating Manual for 

aircraft unless it is in maintenance and use of safety checklists 

airworthy condition. prior to each flight, an equivalent level 

As there will be no of safety will be achieved. 

airworthiness 

certificate issued for 

the UAS, should this 

exemption be granted, 

no FAA regulatory 

standard will exist for 

determining 

airworthiness. 
14CFR Civil Aircraft No person may The UA, given its size and configuration 

91.9 (b) (2) Flight operate a U.S.- has no ability or place to carry such a 

Manual, registered civil flight manual on the aircraft. Not only 

Marking, and aircraft .... (2) For because there is no pilot on board, but 

Placard which an Airplane or because there is no room or capacity to 

Requirements Rotorcraft Flight carry such an item on the aircraft. An 

Manual is not required equivalent level of safety will be 

by §21.5 of this achieved and maintained by keeping the 

chapter, unless there is flight manual at the ground control point 

available in the where the operator is flying the UAS 

aircraft a current with immediate access to it. The FAA 

approved Airplane or has issued the following exemptions to 

Rotorcraft Flight this regulation: Exemption Numbers: 

Manual,approved 8607,8737,8738,9299,9299A,9565, 

manual material, 95658, 10167, 10167A, 10602,32827, 

markings, and 10700, and 12994. 

placards, or any 

combination thereof. 

14CFR Preflight This regulation Flight information such as runway 

91.103 (b) Action requires each pilot in distances and flight performance are not 

command to become relevant to the operation ofUAS. The 

familiar with all equivalent action is that the PIC will 

information review airspace considerations, weather, 

concerning that flight flight battery requirements, and land and 

including runway property boundaries with respect to 

distances and takeoff takeoff and landing locations. Manuals 

and landing distances. for the UAS will be present on the 

This data will not be location of all operations. 

provided for the 

operating UAS, thus 

an exemption will be 

needed. 
14CFR Flight This section provides UAS are remotely piloted aircraft and by 

91.109 Instruction; that no person may their design do not have fully functional 

Simulated operate a civil aircraft dual controls. Flight control is 

Instrument ( except for a manned accomplished through the use of a 

Flight and free balloon) that is control box that communicates with the 

Certain Flight being used for flight aircraft via radio communications. The 

Tests instruction unless that FAA has approved exemptions for flight 

aircraft has fully training. Without fully functional dual 

functioning dual controls for a number of aircraft and for 

controls. flight instruction in experimental 

aircraft. See exemption numbers 5778K, 

9862A, and 12994. The equivalent level 

of safety will be achieved as neither 

pilots nor passengers will be carried in 

addition to the small size and low speeds 

of the aircraft. In addition, all flight or 

ground instruction will be given by a 

certified flight instructor. 
14CFR Minimum Section §91.119 This exemption is for a UAS that is a 

91.119 Safe Altitudes establishes safe multi-prop RC helicopter with the 

minimum altitudes for exemption requesting authority up to 

operation of civil 400 AGL. The equivalent level of safety 

aircraft. Section will be achieved, given the small weight, 

§91.119 (d) allows size, and speed of the UAS as well as 

helicopters to be the location where it is operated. No 

operated at less than flight will be taken on private property 

the minimums without the permission of the property 

prescribed, provided owner or an authorized property 

the person operating manager. 

the helicopter 

complies with any 

route or altitudes 

prescribed for 

helicopters by the 

FAA. 

14CFR Altimeter This regulation Since UAS typically do not have a 

91.121 Settings requires each person barometric altimeter, but instead a GPS 

operating an aircraft to altitude readout, an exemption may be 

maintain cruising needed. An equivalent level of safety 

altitude by reference will be achieved by the operator, 

to an altimeter that is pursuant to the Manual and Safety 

set " ... to the elevation Check list, by receiving altitude 

of the departure information with a digitally-encoded 

airport or an telemetric data feed which downlinks 

appropriate altimeter from the aircraft to a ground-based onsetting available screen display. This altitude information 

before departure." will be generated by equipment installed 

on the aircraft using GPS triangulation, 

or digitally encoded barometric 

altimeter, or radio altimeter, or any 

combination thereof. Prior to each flight, 

a zero altitude initiation point will be 

established, recorded, and confirmed for 

accuracy by the pilot. 
14CFR Fuel Section §91.151 (a) The battery powering the U AS provides 

91.151 (a) Requirements prohibits an individual approximately 20 minutes of flight time, 

for flight in from beginning "a depending on specific model. To meet 

VFR flight in an airplane the reserve requirements in § 91.151 

conditions under VFR conditions would not be practical. Given the 

unless ( considering limitations on the UAS proposed 

wind and forecast operations are within the unaided visual 

weather conditions) line of sight distances, flight durations 

there is enough fuel to will be determined by remaining battery 

fly to the frrst intended life, which is indicated on the controller. 

point of landing, and, In addition to this, UAS have built in 

assuming a normal "return to home" features which will be 

cruising speed - (1) utilized when telemetry indicators 

during the day to fly provide indication of 25 percent battery 

after that for at least life remaining. Similar exemptions have 

30 minutes; or (2) At been granted such as Exemptions 2689F, 

night, to fly after that 5745, 10673, and 10808. 

for at least 45 

minutes." 

14CFR Civil Aircraft The regulation The fully loaded UAS weighs much less 

91.203 (a) :Certifications provides in pertinent than 55 pounds and is operated without 

& (b) Required part: (a) Except as any person on board. As such, there is 

provided in § 91. 715 no ability to carry certification and 

no person may operate registration documents or to display 

a civil aircraft unless it them on the UAS. An equivalent level of 

has within it the safety will be achieved by keeping these 

following: (1) An documents at the ground control point 

appropriate and where the pilot flying the UAS will have 

current airworthiness immediate access to them, to the extent 

certificate .. (b) No they are applicable to the UAS. The 

person may operate a FAA has issued numerous exemptions to 

civil aircraft unless the this regulation. Samples of these 

airworthiness exemptions include Exemption 

certificate required by Numbers: 9565, 9665, 9789, 9789A, 

paragraph (a) of this 9797, 9797A, 9816A, and 10700. 

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. 
14 CFR Maintenance These regulations Given that these sections and Part 43 

91.405 (a) Required, require that an aircraft apply to aircraft for which there is an 

14CFR Operation operator or owner airworthiness certificate, these sections 

91.407 (a) After "shall have that will not apply to the applicant. The 

(1) Maintenance, aircraft inspected as operator, pursuant to the operating 

14CFR Preventative prescribed in subpart handbook and flight manual, will 

91.409 (a) Maintenance, E ofthis part and shall accomplish maintenance. Software and 

&(B) Rebuilding, between required firmware will be maintained with 

Alteration, inspections, except as current versions. As the manufacturer 

and provided in paragraph dues not provide specific maintenance 

Inspections ( c) of this section, instructions, maintenance will be 

have discrepancies completed as needed and each aircraft 

repaired as prescribed will have a maintenance log. 

in part 43 of this 

chapter ... " and others 

shall inspect or 

maintain the aircraft in 

compliance with Part 

43. 

References Part 91 Weblink to Part 91 

General flight 

and Operating 

Rules 

Part 45 Weblink to Part 45 

Identification 

and 

Registration 

Marking 

Petitioning for FAA 333 Exem12tion 

Exemption Information 

Under Section 

333