August 31, 2015 

U.S. Department of Transportation 

Docket Management System 1200 

New Jersey Ave., SE 

Washington DC 20590 

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

Aviation Regulations from: 14 CFR 21 subpart H; Part 27, 14 CFR 45.23(b); 14CFR 45.27 (a), 14 CFR 

61.113(a)&(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109(a); 14 CFR 91.119(c); 14 

CFR 91.121; 14 CFR 91.151(a) and (b); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) 

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11. 

Aerial AZ LLC, and Steve Lambesis operator of small Unmanned Aerial Systems (UAS) hereby applies for 

an exemption from the listed Federal Aviation Regulations to allow commercial operation of small UAS, 

with all flight operations conducted under the conditions outlined herein, and established by the FAA 

and specific to the Section 333 Exemption. 

The name and address of the 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 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Aerial AZ LLC, and Steve Lambesis, operator of small Unmanned Aerial Systems (UAS), hereby applies for 

an exemption from the listed Federal Aviation Regulations to allow commercial operation of a small 

UAS, with operations conducted within and under the conditions outlined herein or as my be 

established by the 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/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, and 

cinematography. 

3. Aerial inspection/photography of residential/commercial structures under contract 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 of an emergency or natural disaster only when the local authorities or government has requested 

it by contract or donation. 
Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR Part 27 

14 CFR 45.23 (b) 

14 CFR § 45.27(a) 

14 CFR 61.113(a) & (b) 

14 CFR 91.7 (a) 

14 CFR 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) 

14 CFR 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 3 years of flight experience and hundreds of logged flight 

hours. Steve Lambesis also took a two day training and certification for the s1000 at Troy Built in 

Sarasota, FL in July, 2015. Each of these UAV's have safety features set for auto return, and detailed 

information on flight time, 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 permit the operation of small UAS under 

controlled conditions that would be limited, controlled, predetermined, and will provide additional 

safety enhancements to the current safety operations in the industry using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's 

(the FAA Administrator's) responsibilities to "establish requirements for the safe operation of such 

aircraft systems in the national airspace system." The small UAS's I use are multi-rotor craft weighing no 

more than 55lbs. including payload. They operate at speeds of no more than 45 Mph or 39 Knots and 

have the ability to hover and move along a vertical and horizontal plane simultaneously. They will be 

flown within line of sight only, and follow all other local and federal laws. Given the small size of the UAS 

vehicles and the controlled environment provided, the proposed operations will adhere to the Reform 

Act's safety requirements. Regarding the level of safety surrounding the proposed operations and the 

public benefit, reduction in environmental impacts, including but not limited to reduced emissions and 

noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests 

that the FAA grant the requested exemption. 
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed ensure an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the 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 of sight of a pilot and/or observer. 

3) Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% 

battery power reserve or 30 minutes of flight time 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 of the small UAS Pilot in Command (PIC), the Visual 

Observer (VO) and may include but not limited to a Camera 

6) A briefing will be performed regarding the planned small UAS operations prior to each day's flight 

consisting of all the days' production activities. 

7} The PIC will obtain verbal/written consent of all persons involved with the planned operation and 

ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the 

radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required 

under the FOM. 

8} The PIC and VO will be fully trained in operation of small UAS. 

9} The PIC and VO will be able to communicate by voice and radio at all times. 

10} Written and/or verbal permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 

11} If the UAS loses communications or loses GPS signal, the UAS will have the capability to return to a 

pre-determined location within a designated location and land autonomously. 

12) The UAS will always consider the safe conditions of the flight as top priority, and will abort a flight if 

any conditions arise during that flight that jeopardize the safety of the UAS, property or individuals. 

13} The aircraft will be identified by serial number, registered with the FAA, and have identification (NNumber) markings as large as practicable. 

14) Each flight will be recorded in an Operations Log Book. 

15) Maintenance on the aircraft will be recorded in a Maintenance Log Book. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (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 the Applicant, 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 

small UAS. In all cases, an analysis of these criteria demonstrates that the small 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 rotorcraft} operating with an 

airworthiness certificate without the 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 or flammable liquid fuels, and operates exclusively within a secured and designated area. 
Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

both the operator and under the requirements and in compliance with local public safety requirements. 

These safety enhancements 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 posed by the 

small UAS, due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. As a result, the possibility of 

death or serious bodily injury is significantly diminished. Operation of a UAS, weighing less than 55 

pounds, travelling at significantly lower speeds, and within limited areas will provide an equivalent or 

greater level of safety achieved under current Federal Air Regulations. 

14 C.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 extent the aircraft would otherwise require certification under Part 27, Aerial 

AZ LLC and Steve Lambesis seek an exemption from Part 27's airworthiness standards for the same 

reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H. 

14 C.F.R. § 45.23 (b) 45.27(a) and 91.9 (b) (2) Marking of the Aircraft and Identification Requirements 

The regulation requires: When marks include only the 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 to the cabin, cockpit or pilot station on which the word 11Experimental" can be placed. 

Given the size of the small UAS, two-inch lettering will be impossible. The word 11Experimental" will be 

placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by 

having the 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 of the 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). 

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

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Our small UAS 

does not carry a pilot, passengers, or property therefore I am seeking an exemption to 14 CFR 61.113(a). 

Although helpful, a pilot's license will not ensure remote control piloting skills. The risks attendant to the 

operation of small UAS is far less than the risk levels inherent in the commercial activities outlined in 14 

CFR 61. Flying within the guidelines established by the FAA herein and the guidelines in the FOM for the 

UAS, we will assure safe operation. (b) A private pilot may, for compensation or hire, act as pilot in 

command of an 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 not carry passengers or property 

for compensation or hire. The flight is incidental to my business which is producing photography and 

video for clients. By demonstrating flight proficiency and safety with these UAS craft under FAA 

regulations, we would exceed the safety and service to clients using a traditional helicopter. We will not 

carry a pilot or passengers, and operate only in approved locations and airspace. This allows Aerial AZ 

LLC the ability to service the needs of our clients while ensuring public safety. 
I 

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. 

Because there is no airworthiness certificate issued for these UAS aircraft, there is no FAA regulatory 

standard for determining airworthiness. The UAV's airworthiness can be achieved through a proper preflight safety checklists prior to every flight as well as a regular scheduled maintenance. 

14 C.F.R. § 91.9 (b) (2}: Civil Aircraft Flight Manual in the Aircraft. 

No person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight 

Manual is not required by §21.5 of this 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 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 small UAS will have 

immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption 

will be needed. The PIC for Aerial AZ will take all precautions to ensure a safe flight including reviewing 

weather, thorough pre-flight checklist assuring vehicle is completely ready for flight. Establish a safe 

take-off and landing zones with a secondary landing area for emergency. Operate the UAS according to 

the manufacturer's recommended minimum level of battery power (typically leaving 25% of battery 

power left for landing, and the added safety of auto return set. The PIC will operate the UAS only 

within VLOS (visual line of sight), fly during daylight hours and utilize GPS. 

14 C.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 for flight instruction unless that aircraft has fully functioning dual controls. Small UAS and 

remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is 

accomplished through the use of a RC Controller that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level 

of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft 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. As this exemption 

is for a small UAS that and the exemption requests authority to operate at altitudes up to 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 higher than 

400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph 

a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' 

above the highest point on the structure. It will however be operated in a controlled area with security 
perimeter, and people will not be exposed to operations. The equivalent level of safety will be achieved 

given the size, weight, speed of the small 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 participants in the filming activity, 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 SSibs. proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or below 

500 AGL. In addition, the low-altitude operations of the small UAS will ensure separation between these 

small- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

91.119. 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 small 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 safety check list and live flight data monitoring, confirming the altitude of the 

vehicle during take-off and at all times while in flight on the FPV screen as well. 

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 battery powering the UAS 

provides a maximum flight time of 30 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 prior exemptions allowed. An equivalent level of safety will be achieved by limiting flights to 

30 minutes or 25% of battery power- whichever happens first. This restriction would ensure adequate 

time to return the small UAS to its planned landing zone from anywhere in its limited operating area. 

14 C.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 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 small UAS fully loaded weighs no more than 55 

lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification 

and registration documents or to display them on the small UAS. An equivalent level of safety will be 

achieved by keeping these documents at the ground control point where the pilot flying the small UAS 

will have immediate access to them; to the extent they are applicable to the small UAS. 

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. Given that these section and 
Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the 

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will 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 operator will ensure through a 

detailed pre-flight check list and operational test to assure that the UAS is in full working order prior to 

initiating flight. 

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 weather for duration of flight is within recommendations for flight 

• Notify area airports of drone operations and flight times as necessary 

• Ensure operations and flight area is clear of non-essential personnel out to 100 feet of 

operations area 

• Perform walk around of the intended flight area for orientation and to verify safe distances to 

hazardous objects including but not limited to trees, wires, poles, structures, wild life, antennas, 

people, other aircraft, etc. 

• Determine most suitable and safest location for base operations, take off, and landing. Also 

identify a secondary safe sight for any emergency landing. 

During Flight 

• Monitor battery level for aircraft and remote controller 

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

• Maintain pre-determined safe distance from hazardous objects 

• Maintain continuous control of the UAS during all phases of flight to include takeoff, airborne 

operations, and landing. 

• If at any time flight control is lost, becomes impaired, or performs outside the normal range of 

operation the UAS will land to the 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 post flight assuring system integrity. 

• Safety controls- DJI Safety Guidelines 
Public Interest 

Steve Lambesis and Aerial AZ appreciate the opportunity to submit this petition for exemption to the 

Federal Aviation Administration. We have endeavored to provide the appropriate information required 

based on guidance from the FAA's website. Using a UAS for this type of activity benefits the general 

public because; 

1) More efficient than the traditional use of a plane or helicopter to achieve similar results. 

2) Considering the size, weight, speed, and absence of combustible fuels, a UAS poses much less of a 

safety concern for the general public compared to larger manned aircraft and eliminates the personal 

danger of a pilot and photographer in an airborne flight 

3) Improves the quality of services Aerial AZ LLC can provide to its customers; and 

(4) By following proper FAA procedures, will eliminate the risk of a UAS interfering with a manned 

aircraft. 

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

If there 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