August 31, 2015

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; Part 27, 14 CFR 45.23(b); 14CFR 45.27 (a), 14CFR 61.113(a)&(b); 14CFR 91.7(a); 14CFR 91.9(b)(2); 14CFR 91.103;14 CFR 91.109(a); 14CFR 91.119(c); 14 CFR 91.121; 14CFR 91.151(a) and (b); 14 CFR 91.203 (a) and (b); 14CFR 91.405 (a); 14CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14CFR 91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14CFR Part 11. Aerial AZ LLC, and Steve Lambesis operator ofsmall Unmanned Aerial Systems (UAS) hereby applies for
an exemption from the listed Federal Aviation Regulations to allow commercial operation ofsmall UAS, with all flight operations conducted underthe conditions outlined herein, and established by the FAA and specific to the Section 333 Exemption.

The name and address ofthe Petitioner is as follows: Steve Lambesis and Aerial AZ LLC 514 E. Placita Cuesco Sahuarita, AZ 85629 (520) 742-5300 Email Steve@Lambesisphoto.com

UAS Vehicles in use by Aerial AZ; DJI s1000+, Inspire, Phantom 2 and Phantom 3

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14CFR Part 11, Aerial AZ LLC, and Steve Lambesis, operator ofsmall Unmanned Aerial Systems (UAS), hereby applies for
an exemption from the listed Federal Aviation Regulations to allow commercial operation ofa small UAS, with operations conducted within and underthe conditions outlined herein or as my be established bythe FAA as required by Section 333.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner: 1. Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photographyfor public and/or private use includingtelevision, public events, and cinematography. 3. Aerial inspection/photography of residential/commercial structures undercontract with the owners
or local government authority. 4. Aerial video/photography or providing live video feed to assist with search and rescue operations in
cases ofan emergency or natural disaster onlywhen the local authorities or government has requested it by contract or donation.Regulations from which the exemption is requested: 14CFR Part 21 subpart H 14 CFR Part 27 14 CFR 45.23 (b) 14 CFR § 45.27(a) 14 CFR 61.113(a) & (b) 14CFR 91.7 (a) 14CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 (c) 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151 (a) 

### & (b) 14 CFR 91.203 (a) & (b) 14CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (1) and (2) 14 CFR 91.417 (a) 

### & (b)



### Vehicles in use; DJI s1000, Inspire, Phantom 2 and Phantom 3 Aerial AZ LLC and Steve Lambesis have almost 3years offlight experience and hundreds of logged flight hours. Steve Lambesis also took atwo daytraining and certification forthe s1000 atTroy Built in Sarasota, FL in July, 2015. Each ofthese UAV's have safetyfeatures set for auto return, and detailed information on flighttime, battery power, flight altitude and distance to help ensure safe flights. DJI S1000 User manual and Technical Specifications http://download.djiinnovations.com/downloads/s1000 plus/en/S1000 Plus User Manual v1.2 en.pdf Inspire User manual and Technical Specifications http://download.dji-innovations.com/downloads/inspire 1/en/lnspire 1 User Manual v1.4 en.pdf DJI Phantom 2 http://download.djiinnovations.com/downloads/phantom 2/en/PHANTOM2 User Manual v1.4 en.pd f

As described fully below, the requested exemption would permitthe operation ofsmall UAS under controlled conditions thatwould be limited, controlled, predetermined, and will provide additional safety enhancements tothe current safety operations in the industry using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." The small UAS's I use are multi-rotorcraft weighing no more than 55lbs. including payload. They operate at speeds of no more than 45 Mph or 39 Knots and have the abilityto hover and move along avertical and horizontal plane simultaneously. They will be flown within line ofsight only, and follow all other local and federal laws. Given the small size ofthe UAS vehicles and the controlled environment provided, the proposed operations will adhere to the Reform Act's safety requirements. Regarding the level ofsafety surroundingthe proposed operations and the public benefit, reduction in environmental impacts, including but not limitedto reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly the applicant requests thatthe FAA grantthe requested exemption.AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed ensure an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:
1) The small UAS will weigh less than 55 lbs. 2) Flights will be operated within line ofsight ofa pilot and/or observer. 3) Maximum flighttime for each operational flightwill be 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes offlighttime whichever occurs first. 4) Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not
more than 200 feet above an elevated platform from which filming is planned. 5) Minimum crew for each operation will consist ofthe small UAS Pilot in Command (PIC), the Visual Observer (VO) and may include but not limited to aCamera 6) A briefingwill be performed regarding the planned small UAS operations priorto each day's flight consisting ofall the days' production activities. 7} The PIC will obtain verbal/written consent ofall persons involved withthe planned operation and
ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required underthe FOM. 8} The PIC and VO will be fullytrained in operation ofsmall UAS. 9} The PIC and VO will be able to communicate byvoice and radio at all times. 10} Written and/orverbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire orotherappropriate governmental agencies when needed. 11} Ifthe UAS loses communications or loses GPS signal, the UAS will have the capabilityto return to a pre-determined location within a designated location and land autonomously. 12) The UAS will always consider the safe conditions oftheflight as top priority, and will abort aflight if any conditions arise duringthatflightthatjeopardize the safety ofthe UAS, property or individuals. 13} The aircraft will be identified byserial number, registered with the FAA, and have identification (NNumber) markings as large as practicable. 14) Each flightwill be recorded in an Operations Log Book. 15) Maintenance on the aircraft will be recorded in a Maintenance Log Book.

14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a} (1}. Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular small UAS. In all cases, an analysis ofthese criteria demonstrates thatthe small UAS operated without
an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft} operatingwith an airworthiness certificate withoutthe restrictions and conditions proposed. The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area.Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible posed by the small UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inabilityto carry a substantial external load. As a result, the possibility of death orserious bodily injury is significantly diminished. Operation ofa UAS, weighing less than 55 pounds, travelling at significantly lowerspeeds, and within limited areas will provide an equivalent or greater level ofsafety achieved under current Federal Air Regulations.

14C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extentthe aircraftwould otherwise require certification under Part 27, Aerial AZ LLC and Steve Lambesis seek an exemption from Part 27's airworthiness standards forthe same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

14C.F.R. § 45.23 (b) 45.27(a) and 91.9 (b) (2) MarkingoftheAircraft and Identification Requirements The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance tothe cabin, cockpit or pilot station on which the word 11Experimental" can be placed. Given the size ofthe small UAS, two-inch letteringwill be impossible. The word 11Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafetywill be provided by havingthe small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification ofthe small UAS as "Experimental" or assigned number or name, based on a request or ruling by the FAA on its fuselage as required by §45.29(f).

14C.F.R. § 61.113(a) & (b) Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14CFR 61.113 (a) 

### & (b), no person who holds a private pilot certificate may act as a pilot in command ofan aircraftthat is carrying passengers or propertyfor compensation or hire. Our small UAS does notcarry a pilot, passengers, or propertytherefore I am seeking an exemption to 14CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks attendantto the operation ofsmall UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. Flying within the guidelines established bythe FAA herein and the guidelines in the FOM forthe UAS, we will assure safe operation. (b) A private pilot may, for compensation or hire, act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does notcarry passengers or property for compensation or hire. The flight is incidental to my business which is producing photographyand video for clients. By demonstratingflight proficiencyand safetywiththese UAS craft under FAA regulations, we would exceed the safety and service to clients using atraditional helicopter. We will not carry a pilot or passengers, and operate only in approved locations and airspace. This allows Aerial AZ LLC the abilityto service the needs ofour clients while ensuring public safety.I

14C.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. Because there is no airworthiness certificate issued forthese UAS aircraft, there is no FAA regulatory standard for determiningairworthiness. The UAV's airworthiness can be achieved through a proper preflight safety checklists priorto everyflight as well as a regular scheduled maintenance.

14C.F.R. § 91.9 (b) (2}: Civil Aircraft Flight Manual in the Aircraft. No person may operate a U.S.-registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The small UAS, given its size and configuration has no ability or place to carry such aflight manual onthe aircraft, notonly 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 ofsafety will be maintained by keeping the flight manual at the ground control pointwhere the pilotflyingthe small UAS will have immediate access to it.

14C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command totake certain actions before flight to insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft, an exemption will be needed. The PIC forAerial AZ will take all precautionsto ensure asafe flight including reviewing weather, thorough pre-flight checklist assuring vehicle is completely ready forflight. Establish a safe take-offand landing zones with a secondary landing area for emergency. Operate the UAS accordingto the manufacturer's recommended minimum level of battery power (typically leaving 25% of battery power leftfor landing, and the added safety ofauto return set. The PIC will operate the UAS only within VLOS (visual line ofsight), fly during daylight hours and utilize GPS.

14C.F.R. §91.1099(a}: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fullyfunctioning dual controls. Small UAS and remotely piloted aircraft, by their design do not have fullyfunctional dual controls. Flight control is accomplished throughthe use ofa RC Controller thatcommunicates with the aircraftvia radio communications. The FAA has approved exemptions forflight trainingwithoutfully functional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. The equivalent level ofsafety is provided bythefact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.

14C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes foroperation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthe helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption is fora small UAS that and the exemption requests authorityto operate at altitudes upto 400ft. or not
more than 200ft. above an elevated platform from which filming is planned. An exemption may be needed to allow such operations. As set forth herein, the small UAS will never operate at higherthan 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph
a structure whose height exceeds 400 feetAGL, the small UAS will not be operated morethan 100' above the highest point on the structure. Itwill however be operated in a controlled area with securityperimeter, and people will not be exposed to operations. The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe small UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice tothe propertyowner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weightingfar more than the maximum SSibs. proposed herein and the lack offlammable fuel, any risk associated withthese operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe small UAS will ensure separation between these small- UAS operations and the operations ofconventional aircraftthat must complywith Section 91.119.

91.119. 14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to
an altimeterthat is set "

...tothe elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirmingthe altitude ofthe vehicle duringtake-offand at all times while in flight on the FPV screen as well.

14C.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 underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto the first point of intended landing, and, assuming normal cruising speed- (1) Duringthe day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes."The battery poweringthe UAS provides a maximum flighttime of30 minutes. Given the limitations on the small UAS's power, flights must be shorter in duration. An exemption from 14 CFR §91.151(a) is requested, and falls within the scope of priorexemptions allowed. An equivalent level ofsafetywill be achieved by limitingflights to 30 minutes or 25% of battery power- whichever happens first. This restriction would ensure adequate timeto return the small UAS to its planned landing zone from anywhere in its limited operating area.

14C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a)§ 91.715 states; no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The small UAS fully loaded weighs no morethan 55 lbs. and is operated without an onboard pilot. As such, there is no abilityor place to carry certification and registration documents orto displaythem on the small UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the pilotflying the small UAS will have immediate access tothem; tothe extentthey are applicable tothe small UAS.

14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections. These regulations require that an aircraft operatoror owner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

..., and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section andPart 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level ofsafetywill be achieved because scheduled maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the operatorwill ensure through a detailed pre-flightcheck list and operational testto assure thatthe UAS is in full working order priorto initiatingflight.

Aerial AZ LLC Commercial Activity Safety Controls
Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial videos and photography. As such, safety controls must be implemented before, during, and after each flight.
Pre-Flight

• Perform preflight checks

• Verify current and forecast weatherfor duration offlight is within recommendations forflight

• Notifyarea airports ofdrone operations and flighttimes as necessary
• Ensure operations and flight area is clear ofnon-essential personnel outto 100 feet of operations area
• Perform walk around ofthe intended flight area for orientation and to verify safe distances to hazardous objects including but not limitedtotrees, wires, poles, structures, wild life, antennas, people, other aircraft, etc.

• Determine most suitable and safest location for base operations, take off, and landing. Also identifya secondary safe sightfor any emergency landing.
During Flight

• Monitor battery level for aircraft and remote controller

• Maintain visual contact with UAS by pilot on the controls and/orvisual observer

• Maintain pre-determined safe distance from hazardous objects

• Maintain continuous control ofthe UAS duringall phases offlight to include takeoff, airborne operations, and landing.

• Ifat any time flight control is lost, becomes impaired, or performs outside the normal range of operation the UAS will land tothe safest location and will undergo a maintenance evaluation

Post Flight

• Record flight time, maintenance, and operational notes in flight log Flight manual

• Check over UAS mainframe postflight assuring system integrity.

• Safety controls- DJI Safety GuidelinesPublic Interest Steve Lambesis and Aerial AZ appreciatethe opportunityto submitthis petition for exemption tothe Federal Aviation Administration. We have endeavored to provide the appropriate information required based on guidance from the FAA's website. Using a UAS forthistype ofactivity benefits the general public because; 1) More efficientthan the traditional use ofa plane or helicopterto achieve similar results. 2) Considering the size, weight, speed, and absence ofcombustible fuels, a UAS poses much less ofa safety concern forthe general public compared to larger manned aircraftand eliminatesthe personal danger ofa pilot and photographer in an airborne flight 3) Improvesthe qualityofservices Aerial AZ LLC can provide to its customers; and (4) By following proper FAA procedures, will eliminatethe risk ofa UAS interferingwith a manned aircraft.

We appreciate your consideration ofthis application to approve us for the Section 333 Exemption.

Ifthere are any questions or additional information, please contact me. Sincerely, Steve Lambesis

Steve Lambesis Aerial AZ, LLC 514 E. Placita Cuesco Sahuarita, AZ 85629
(520) 742-5300 Steve@LambesisPhoto.com