Aerial 51 FL LLC.

DECEMBER 19, 2015

1

U.S. Department of Transportation

Docket Management System

1200 New Jersey ave., SE

Washington, DC 20590 

Re: Exemption Petition under section 333 of the FAA Modernization & Reform 

Act, and Title 14 Part 11 of the Code of Federal Regulations (C.F.R.)

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

Dear sir or madam,

Pursuant of section 33 of the FAA FAA Modernization & Reform Act, and Title 14 C.f.R. Part 

11, Aerial 51 FL LLC (Aerial 51) hereby applies for the grant of exemption from certain 

Federal Aviation Regulations for a DJI Phantom II (Phantom) Unmanned Aircraft 

manufactured by DJI Co., Ltd. of China. 

The request exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the Phantom to support real estate aerial photography, 

videography, and aerial surveying for other commercial industries.

The Phantom Unmanned Aircraft System (UAS) consists of a lightweight (4lbs) battery 

operated quadcopter unmanned aircraft, onboard cameras, and associated communications 

equipment.

The Phantom Unmanned Aircraft (UA) has previously demonstrated to have successfully 

me the safety and operational requirements resulting in previous grants of the section 333 

exemptions request by other commercial UAS operators.

The Phantom UA carries an on board camera system that allows it to preform aerial 

photography, videography, and surveying. 

By approving the exemption, the Aerial 51’ UAS operations will create benefits to both the 

economy and the environment which are ultimately in the public interest. 

The aircraft will be operated with both a Pilot in Command and a Visual Observer in 

accordance with the following additional restrictions: 

- All operations will occur at no more than 400' AGL 

- The aircraft will be operated with the permission of the property owner 
Aerial 51 FL LLC.

DECEMBER 19, 2015

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- When necessary, applicable permits will be acquired from local authorities 

- The aircraft will not be operated over urban or populated areas 

- The aircraft will not be operated at air shows or over an open-air assembly of people 

- The aircraft will not be operated over heavily trafficked roads 

- Operations will be limited to day, visual meteorological conditions 

- Aircraft will remain within Visual Line of Sight at no greater than 1/2 NM of the PIC at all 

time 

- While the aircraft is airborne, the VO will be positioned within voice distance to the PIC 

- When necessary and applicable, Aerial 51 will file a NOTAM providing radial/DME, radius, 

and a date/time group for each operation 

For certain complex operations, Aerial 51 may assign one or two sensor/software operators 

to assist the operations. 

We submit that the combination of ; 

- Phantom UAV’s light weight and historically demonstrated safe operation and receiving 

approvals of multiple section 333 petitions 

- Fully qualified flight crew

- Restricted operations under the guidelines established within the grant, 

the FAA can have confidence that Aerial 51’ UAS the operations will have an equivalent or 

greater level of safety of manned aircraft performing the same mission. 

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Additional documents supporting this petition will be submitted 

following this request. 

We look forward to working with your office. 

Please contact us at any time if you require additional information or clarification. 

Respectfully,

Clinton Joshuah Humphreys

Aerial 51 LLC

726 Bob McCaskill Drive

Defuniak Springs, FL 32433

(850) 333-9956

Email: 
Aerial 51 FL LLC.

DECEMBER 19, 2015

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TABLE OF CONTENTS

NAME, ADDRESS CONTACT INFORMATION OF PETITIONER .......................Page 4 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AERIAL 51

SEEKS EXEMPTION...................................................................................................Page 4

THE EXTENT OF RELIEF Aerial 51 SEEKS AND THE REASONS 

Aerial 51 SEEKS THE RELIEF .................................................................Pages 4 to 6

THE REASONS WHY GRANTING Aerial 51’s REQUEST WOULD 

BE IN THE PUBLIC INTEREST .............................................................................. Page 7

THE REASONS WHY GRANTING AERIAL 51 THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY ........................................................................ Page 8 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...............Page 9 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT AERIAL 51’S REQUEST.................................Page 10

ACRONYMS............................................................................ Pages 11 & 12
Aerial 51 FL LLC.

DECEMBER 19, 2015

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NAME, ADDRESS AND CONTACT INFORMATION OF PETITIONER 

Clinton Joshuah Humphreys

Aerial 51 LLC 

726 Bob McCaskill Drive

Defuniak Springs, FL 32433

Tel: 850-333-9956

Email: josh3339956@yahoo.com

THE SPECIFIC SECTIONS OF 14 CFR TO BE RELIEVED FROM 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) 

THE EXTENT OF RELIEF AERIAL 51 SEEKS AND THE REASONS AERIAL 51 SEEKS 

THE RELIEF 

14 CFR 61.113 Private pilot privileges and limitations: 

Part 61.113 provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 

act as pilot in command of an aircraft in connection with any business or employment if; 

(1) flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Since the aircraft cannot carry passengers or property, we request to be relieved from this 

regulation if our pilots at minimum, 

(1) hold at least a current private pilot certificate and, 

(2) hold a current third class medical certificate. 

By meeting conditions (1) and (2), we believe that equivalent level of safety can be 

achieved by complying with 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business. 

14 CFR 91.7 Civil Aircraft Airworthiness. 

14CFR 91.7 (a) states, 

“No person may operate a civil aircraft unless it is in an airworthy condition.” 

This rule prohibits the operation of an aircraft without an airworthiness certificate. 

Since there is no such existing certificate that is applicable for the Phantom UAS to properly 

comply with the FARs, we request that Aerial 51 to be relieved from this regulation. 
Aerial 51 FL LLC.

DECEMBER 19, 2015

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To provide equivalent level of safety, we will ensure that the Phantom UAS is in airworthy 

condition prior to every flight by following safety procedures described in our operating

documents. 

14 CFR 91.119 Minimum safe altitudes: General 

This regulation provides that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be 

operating at a maximum of 400 feet AGL, we cannot comply with this requirement. 

To provide an equivalent level of safety we will only fly over private property with the 

permission of the land owner. The land owner will be briefed of the expected route of flight 

and the associated risks to persons and property on the ground. We maintain that due to 

the small size of the Phantom, the hazard to persons, vessels, vehicles, and structures is 

not comparable to manned aircraft and should be considered in granting the exemption. 

14 CFR 91.121 Altimeter Settings 

This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft. 

The Phantom aircraft will fly below 400 feet AGL and will not need to maintain 

hemispherical cruising altitudes in order to de-conflict with other aircraft. 

To provide an equivalent level of safety, the PIC will check and confirm the Phantom’s GPS 

altitude read out before each flight. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. We believe the intention of this rule is to provide a reserve 

of energy as a safety buffer for go-arounds and other delays to landing. 

The Phantom UAS is battery operated and the maximum duration of flight with full payload, 

from a single battery charge is approximately 25 minutes. 

We believe that equivalent level of safety can be achieved by limiting our flight time to 20 

minutes with reserve energy 20 % ( 5 minutes) on the battery.
Aerial 51 FL LLC.

DECEMBER 19, 2015

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14 CFR 91 Subpart E ( 91.405, 91.407, 91.409, 91.417 ) 

Maintenance, Preventive Maintenance, and Alterations 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. 

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to 

service by a person authorized under 43.7" after maintenance and inspection. It is 

our intention that the PIC, VO or authorized personnel to perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to 

service." 

Aerial 51 requests that exemptions to the regulations under conditions below; 

(1) Aerial 51 will follow Phantom’s manufacturer maintenance instructions, 

techniques and procedures 

(2) Aerial 51 will designate, train, and document the personnel who will be 

authorized to perform Inspection, Maintenance and Alterations by means of above 

stated maintenance instructions. Such designated personnel may include PIC, VO or 

other equivalent trained persons 

(3) To ensure equivalent level of safety, PIC will inspect the UA before each flight 

looking for any structural or mechanical malfunctions 

Due to the small size, light weight and simplicity of the Phantom UAS, we believe 

that the equivalent safety will be achieved by permitting any of the PIC, VO or 

equivalent trained personnel, to perform maintenance, inspection and alterations of 

the aircraft and " be authorized to approve the aircraft for return to service. "
Aerial 51 FL LLC.

DECEMBER 19, 2015

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THE REASONS WHY GRANTING AERIAL 51’S REQUEST WOULD BE IN THE PUBLIC 

INTEREST 

We believe that granting our exemption request from, 

14 CFR Part 21.191 

14 CFR Part 45.23, 45.29 

14 CFR 61.113, 61.133 

14 CFR 91.9, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), is in the public’s interest and will 

benefit the public as a whole for the following reasons. 

1- Phantom is battery operated and free from the harmful emissions associated with 

the manned aircraft that are currently used for aerial photography and videography. 

As recently proven by several grants of section 333 petitions, UASs offer equivalent 

level of safety while reducing environmental impacts, which is in the public interest. 

2- Aerial 51’ UAS operations will contribute to a positive aggregate economic 

impact resulting in creation of jobs both direct and indirectly. Economic Research 

estimates that the UAS market will grow from $6 billion to $ 94 billion over the next 

decade resulting in a new workforce development. 

Because Aerial 51s’ operations will create new jobs such as pilots, flight operation 

staff, and administrative supporting staff, it will directly cause positive economic 

impact, hence granting Aerial 51s’ petition will benefit the public as a whole. 

3- Congress has already proclaimed that it is in the public’s interest to integrate 

Commercially flown UAS(s) into the national airspace system, hence the passing of 

the FAA Modernization and Reform Act of 2012. 

Granting Aerial 51’ petition furthers the public’s interest as a demonstrated 

progression of integrating Unmanned Aircraft Systems into National Air Space, thus 

it will benefit public as a whole.
Aerial 51 FL LLC.

DECEMBER 19, 2015

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THE REASONS WHY GRANTING AERIAL 51’S THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY 

Aerial 51 believes that the grant of exemption from, 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), 

will not adversely affect safety by a combination of the reasons listed below. 

(a) We have stated in the above section “ THE EXTENT OF RELIEF AERIAL 51

SEEKS AND THE REASONS AERIAL 51 SEEKS THE RELIEF ” by describing how 

we intend to mitigate risk and accomplish FAA equivalent and acceptable level of 

safety for each 14 CFR part. 

(b) As a result of Phantom unmanned aircraft’s size, weight, speed, operational 

capability, proximity to airports and populated areas, operation within visual line of 

sight combined with the implementation Aerial 51’ of safety procedures, we believe 

that granting Aerial 51’ exemption request will not adversely affect safety. 

(c) DJI Phantom II has demonstrated to satisfy necessary safety risk mitigation by 

FAA thus resulting in multiple grants of section 333 petitions. 

Because of the combination of Phantom’s proven success and the conditions 

and limitations of our operations, we believe granting Aerial 51 request will 

not adversely safety.
Aerial 51 FL LLC.

DECEMBER 19, 2015

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SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 

Department of Transportation 

Federal Aviation Administration 

Petitioner: Aerial 51 FL LLC 

Petition of exemption from sections of ; 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) 

Description of relief sought; 

Aerial 51 seeks an exemption for commercial operation of the Phantom unmanned aircraft 

manufactured by DJI Co, Ltd. of China. 

The Phantom unmanned aircraft system has an onboard camera system capable of 

acquiring high resolution data. 

Proposed operations will offer real estate aerial photography, videography and aerial 

surveying services for other commercial industries.
Aerial 51 FL LLC.

DECEMBER 19, 2015

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ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT AERIAL 51’S REQUEST 

Phantom II Unmanned Aircraft System 

General Features 

 Ready to Fly, Multifunctional Quad-rotor System

 Customized H3-2D and H3-3D Gimbal Support 

 Precision Flight and Stable Hovering 

 25min Flight Time & Smart Battery 

 Auto Return-to-Home & Landing 

 Advanced Power Management 

 Intelligent Orientation Control (IOC) 

 Easy Battery Replacement 

 Self-tightening Propeller 

 Video Downlink Support 

 CAN-Bus Expansion Module 

 Control Link radio operating frequency 2.4 GHz ISM 

 Operating Distance 0.65 miles 

Aircraft Performance 

Empty Weight 2.5 lbs 

Max Take-off Weight 4 lbs 

Max Flight Speed 30 Knots 

Hover Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity 200°/s 

Max Tilt Angle 35° 

Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s 

Diagonal Length 350mm 

Flight Time 25 minutes 

No Privacy Issues 

Aerial 51’ proposed operations will create no privacy issues because the Phantom UAS will 

be operating in rural areas within the boundaries of the properties with the land owner’s 

permission. 

Aerial 51 will also obtain any permits or authorizations from local authorities when 

necessary.
Aerial 51 FL LLC.

DECEMBER 19, 2015

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Acronyms

AGL Above Ground Level 

ALoS Acceptable Level of Safety 

AMOC Alternative Method of Compliance 

ASI Aviation Safety Inspector 

ATC Air Traffic Control 

ATCAA Air Traffic Control Assigned Airspace 

ATS Air Traffic Service 

AVS Aviation Safety 

CFR Code of Federal Regulations 

COA Certificate of Waiver or Authorization 

CRM Crew Resource Management 

CS Control Station 

CRS Certified Repair Station 

DCP Divert/Contingency Point 

DHS Department of Homeland Security 

DME Distance Measuring Equipment 

DOD Department of Defense 

DSA Detect, Sense, and Avoid System 

FAA Federal Aviation Administration 

FCC Federal Communications Commission 

FARs Federal Aviation Regulations 

FIR Flight Information Region 

FL Flight Level 

FSIMS Flight Standards Information Management 

System 

FTP Flight Termination Point 

FTS Flight Termination System

AERIAL 51 AERIAL 51 FL LLC

GHz Gigahertz 

GCS Ground Control Station 

MHz Megahertz 

MTOW Maximum Takeoff Weight 

NAS National Airspace System 

NM Nautical Mile 

NOTAM Notice To Airman 

OPA Optionally Piloted Aircraft 

PIC Pilot in Command 

Phantom Phantom Unmanned Aircraft System 

Phantom Phantom Unmanned Aircraft 

R&D Research and Development 

RF Radio Frequency 
Aerial 51 FL LLC.

DECEMBER 19, 2015

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Acronyms

RM Risk Management 

RNAV Area Navigation 

RTB Return to Base 

RVSM Reduced Vertical Separation Minimum

TAS Traffic Advisory Systems 

TC Type Certificate 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System(s) 

UAV Unmanned Aerial Vehicle 

VFR Visual Flight Rules 

VMC Visual Meteorological Conditions 

VO Visual Observer