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Aerial 51

7503 14th Ave. North

St. Petersburg, Fl. 33710

727 744-4186

Aerial515151@gmail.com

June 16, 2015

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for exemption under Section 333 from 14 CFR Part 21, Subpart H; 14 CFR 61.113(a) and 

(b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407(a) (1); 14 

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

Dear sir or Madam:

In accordance with Section 333 of the FAA Modernization and reform Act of 2012 (the Reform Act) and 

14 CFR Part 11, Aerial 51 hereby applies for an exemption from the listed Federal Aviation Regulations 

(FARS) to allow commercial use of its Small Unmanned Aircraft Systems (SUASs), so long as such 

operations are conducted within and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333.

An exemption is being requested because (1) existing regulations will burden Aerial 51 (2) Aerial 51 can 

provide a level of safety that is equal ( or greater than in most cases) to those provided by existing 

guidelines, and (3) the request is in the public interest. The FAA’s authority to issue exemptions from 

operating rules, and the Secretary’s authority granted by Section 333 of P.L. 112-95, Special Rules for 

Certain Unmanned Aircraft Systems, provide an opportunity to authorize certain SUAS operations in the 

National Airspace System (NAS) prior to implementation of the SUAS rule. This incremental step will 

allow Aerial 51 to safely and legally enter into the NAS.

As described in detail below, the requested exemption would permit Aerial 51 to operate SUASs under 

controlled conditions in airspace that is (1) limited (2) predetermined (3) controlled as to access, and (4) 

would provide safety enhancements to the already safe operations of those aircraft of similar size, weight, 

speed, and operating capability that have been granted entry into the NAS via the rules in Academy of 

Model Aeronautics (AMA) National Aircraft Safety Code. 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.” Section 333(c) of the Reform Act.
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Aerial 51 is requesting exemption from the following regulations:

14 CFR Part 21, Subpart H

14 CFR 61.23(a)

14 CFR 61.113 (a) & (b) 

14 CFR 91.109 

14 CFR 91.121 

14 CFR 91.151 (a)

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (1)

14 CFR 91 409 (a) (2)

14 CFR 91.417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary to consider whether certain unmanned 

aircraft systems may operate safely in the National Airspace system (NAS) before completion of the 

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

required to determine which types of UASs do not create a hazard to users of the NAS, or the public, or 

pose a threat to national security.

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an unmanned aircraft 

system, as a result of its size, weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight (VLOS) does not create a hazard to users of the NAS or 

the public or pose a threat to national security, and (2) whether a certificate of waiver, certificate of 

authorization, or airworthiness certification under 49 USC 44704 is required for the operation of civil 

(non-governmental) UASs. Therefore, if the Secretary determines that such vehicles “may operate safely 

in the national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system”.

Aerial 51 Photography/videography Overview

Aerial 51 will be using a small SUA (quad-copter) weighing less than 5 lbs fully loaded including battery 

and camera. The SUA has the ability to hover and move vertically and horizontally simultaneously. The 

SUA will operate only in visual line of sight (VLOS) and will only in tightly controlled and limited 

airspace. The UAS is capable of speeds up to 29 knots, but will routinely operate at much lower speeds.

The SUA will routinely be operated below 200 feet above ground level (AGL), and never above 400 feet 

above ground level (AGL). Aerial photography and videography services will be offered to realtors, home 

builders, and homeowners. All operations will be conducted on private property and with the written and 

or oral permission of the property owner(s) and with the ultimate privacy in mind. Operations will always 

be conducted in areas that are clear of all people, except the pilot in command (PIC) and the PIC’s 

helper(s). Such operations will ensure that the SUA will “not create a hazard to users of the National 

Airspace System or the public.

The Aircraft
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Aerial 51 will operate the DJI Phantom 3 Pro manufactured by DJI the leader in quadcopter technology. 

DJI seeks to bring the best and safest products to the market. 

The specifications for the DJI Phantom 3 Pro are as follows:

The DJI Phantom 3 Pro weighs 2lb. 13oz. 

The diagonal size (including propellers) is 23 inches.

The transmitter controller operates at a frequency of 2.4 GHZ.

Ascent rate is 16 feet per second.

Descent rate is 9 feet per second.

Flight time: up to 23 minutes.

Flight range: up to 1.2 miles

Return to home (RTH) Safety feature to return craft to home point automatically in case of signal loss or 

low battery.

GPS Mode GPS/Glonass - Short for Global Navigation Satellite System, GLONASS is a Russian 

satellite- based navigation system that works alongside GPS (Global Positioning System).

The DJI Phantom 3 Pro has three levels of safety security. 

1.The GPS/Glonass ( Global Navigation Satellite System, GLONASS is a Russian satellite- based 

navigation system that works alongside GPS (Global Positioning System) that allows the SUA to “know 

its location at all times”. 

2. The on board RTH (return to home) automatically activates if the transmission signal is lost for more 

than three seconds, the craft will return to the home point and land itself automatically.

3. The PIC can set default altitude and distance before the SUA takes flight, thus preventing the craft from 

entering unlawful airspace.

These features serve to minimize any risk posed by loss of control, loss of transmission signal or loss of 

orientation.

These highly advanced technologies will ensure that the SUA can be safely operated and “not create a 

hazard to users of the National Airspace System or the public.”

Equivalent Level of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace system in the 

world and to minimize the risk to the NAS or to persons and property on the ground, Aerial 51 agrees to 

be bound by the following limitations and conditions when conducting commercial operations under a 

FAA issued exemption:

A. For the purposes of ensuring SUASs will be operated within the standards that the FAA has allowed in 

the AMA National Model Aircraft Safety Code: 

1. SUASs will not be flown: 

 a. In a careless or reckless manner. 

 b. At a location where SUAS activities are prohibited. 

2. SUAS pilots will: 
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a. Yield the right of way to all human-carrying aircraft. 

b. See and avoid all aircraft and a spotter must be used when appropriate 

c. Not fly higher than 400 feet above ground level or within three (3) miles of an airport without 

notifying the airport operator. 

d. Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where 

there is a mixed use agreement. 

e. Not exceed a takeoff weight of 55 pounds (including payload). 

f. Ensure the aircraft is identified by affixing the owner’s contact information to the outside of the 

SUAS. 

g. Not operate SUASs while under the influence of alcohol or while using any drug that could adversely 

affect the PIC’s ability to safely control the model. 

h. Not operate SUASs carrying pyrotechnic devices that explode or burn, or any device which propels a 

projectile or drops any object that creates a hazard to persons or property. 

3. SUASs will not be flown unless: 

a. The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or 

anticipated prior to the specific event. 

b. An inexperienced pilot is assisted by an experienced pilot. 

4. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall 

avoid endangerment of life and property of others. 

5. A successful radio equipment ground-range check in accordance with manufacturer’s recommendations 

will be completed before the first flight of a new or repaired model aircraft. 

6. SUASs must use the radio-control frequencies currently allowed by the Federal Communications 

Commission (FCC). 

7. SUASs will not knowingly operate within three (3) miles of any pre-existing flying site without a 

frequency-management agreement. 

8. Excluding takeoff and landing, no SUASs may be flown outdoors closer than 25 feet to any individual, 

except for the PIC and the PIC's helper(s) located at the takeoff site.

9. Under no circumstances may a pilot or other person touch a SUAS in flight while it is still under 

power, except to divert it from striking an individual. 

10. The PIC of the SUAS shall: 

a. Maintain control during the entire flight, maintaining visual contact without enhancement other than by 

corrective lenses prescribed for the pilot. 
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b. Fly using the assistance of a camera or First-Person View (FPV) only in accordance with the 

procedures outlined in AMA Document #550. 

c. Fly using the assistance of autopilot or stabilization system only in accordance with the procedures 

outlined in AMA Document #560. 

11. The flying area must be clear of all utility wires or poles and an SUAs will not be flown closer than 50 

feet to any above-ground electric utility lines. 

12. The flying area must be clear before the engine is started, except for PIC and the spotter. In addition to 

the above rules outlined by the AMA National Model Aircraft Safety Code and in an effort to enhance the 

safety offered by the already safe operations mentioned above, Aerial 51 also agrees to be bound by the 

following limitations and conditions: 

1. Flights will be operated within VLOS of the PIC. 

2. Maximum total flight time for each operational flight will be 18 minutes. 

Flights will be terminated at 25% battery power reserve should that occur prior to the 18 minute limit. 

3. The SUAS will only operate in tightly controlled and limited airspace. 

4. A briefing will be conducted in regard to the planned SUAS operations prior to each flight. It will be 

mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter 

be present for this briefing. 

5. The PIC and the PIC’s helper(s) will have been trained in operation of SUAS and received up-to-date 

information on the particular SUAS to be operated. 

6. The pilot and the PIC's helper(s) will at all times be able to communicate by voice. 

7. If the SUAS loses communications or loses its GPS signal, the SUAS will have capability to return to a 

pre-determined location within the security perimeter and safely land. 

8. The SUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

9. All flights will be conducted on private property and with the written and/or oral permission of the 

property owner(s). 

10. Flights will always be conducted in areas that are clear of all people, except for the PIC and the PIC's 

helper(s). 

11. All flights will be conducted outdoors in visual meteorological conditions (VMC) and never during 

severe weather conditions. 

12. Flights will not occur in weather conditions that prevent the PIC from operating within visual line-ofsight (VLOS) at all times or in weather conditions that dramatically affect the UAS’s flight (e.g. high 

winds). 

13. If an operation occurs in an area where people could inadvertently enter the area, an operational 

border will be established with traffic cones. If it’s not feasible to use traffic cones due to interference 

with the photography/videography, the PIC's helper(s) will be responsible for keeping a safe perimeter 
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around the operation. The operation will cease immediately and be rescheduled if it’s impossible to 

establish a safe perimeter around the operation. 

14. The PIC will be responsible for logging all flights to ensure the comprehensive preventative 

maintenance plan can be followed, as described in the “Preventative Maintenance” section below. 

15. The SUAS will not be routinely operated in the proximity of any airports. In any cases where the 

SUAS must be operated within three (3) miles of an airport, the airport operator will be notified before the 

operation commences. 

The operation of SUASs, weighing less than 6 lbs., conducted in the strict conditions as outlined above, 

will provide an equivalent level of safety supporting the grant of exemptions requested herein, including 

exempting the applicant from the requirements of Part 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly controlled 

environment. As a result, they offer a much safer way to capture aerial photography and videography. 

Furthermore, the proposed operations represent a safety enhancement to the already safe operations that 

have been granted by the FAA for the establishment of the AMA National Model Aircraft Safety Code. 

Preflight Action Plan

The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a condition for 

safe flight. This plan will be improved as needed in order to ensure all known safety precautions and/or 

safety precautions suggested by the manufacturer are being accounted for. 

A. Pre-flight Inspection 

1. Check that the remote controller, DJI Phantom 3, battery, and iPad Air 2 are all fully charged. 

2. Visually inspect the LIPO batteries for signs of wear or damage. 

3. Turn the motor shafts with your fingers and verify they are smooth without excessive play or binding. 

4. Verify that the rotation diagram on the propellers matches the rotation diagram on the DJI Phantom 3. 

5. Inspect the propeller edges for nicks or cuts. 

6. Flex both side of the propellers’ blades to check for hairline cracks where the blades connect in the 

center of the propeller. 

7. Verify that the landing gear is secure (not cracked/broken/loose). 

8. Verify that the retractable landing gear is functioning smoothly. 

9. Verify that the Micro-SD card has been inserted and formatted. 

10. Verify that the damping absorbers are not broken and/or worn. 

11. Arm/Disarm motors three separate times to allow GPS to lock on the launch site. 
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12. Inspect the gimbal and camera for smooth operation. 

13. Verify all trims and switches set at "0". 

14. Verify that the iPad Air 2 GPS is enabled.

15. Perform final area check for obstructions.

Power Up

1. Verify that throttle is at “0” position.

2. Power on the equipment.

 

SUAS battery (blinking green light indicates GPS is locked on and It’s safe and ready to fly)

Remote controller (solid green L.E.D.’s and chime indicates lock on SUAS and ready to fly)

3. Check the DJI Pilot app to ensure lock on a minimum of 6 satellites and home point is recorded (in 

case the failsafe feature is activated.)

4. Calibrate the compass.

5. Make sure the front of aircraft is facing away from PIC and at least 10 feet away.

DJI Pilot App

1. Connect the smartphone/tablet to the remote via USB

2. Launch the app

3. Verify the number of satellites is 6+

4. Verify signal strength

5. Verify that the iPad Air 2 tablet battery has a full charge

6. Verify that both the PIC’s and the DJI Phantom 3‘s location is the same before taking off to ensure the 

Home point has been accurately marked

7. Verify the location of the DJI Phantom 3 in the “flight radar.” If it is not in the correct 

position/direction and/or shows a distance of “N/A”, it did not mark the home point

8. Use the “find my DJI Phantom 3“feature to ensure he blue (home point location) and red (DJI Phantom 

3 location) dots are in the same location on the screen

Ready to fly

1. Verify that the remote antenna is perpendicular to the ground (pointing skyward)

2. Verify that the front, flat face of the range extender is pointed toward the DJI Phantom 3
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3. Verify that the rear LED’s are slowly blinking green and still connected to 6+ satellites

4. Start the DJI Phantom 3 motors using the remote control

5. Verify the motors are functioning normally, and are not making any unusual noises, and are all 

spinning at the same speed

6. Verify that the area is clear of obstructions, people, power lines, etc.

7. Take off and hover at about 6-8 feet above the takeoff point to verify that the DJI Phantom 3 has a solid 

GPS lock. If any abnormalities are noticed (drifting, flying in circles, etc.) land immediately and repeat 

the “Pre-flight inspection” and “power up” sequences

8. Verify the DJI Phantom 3 holds a steady position while yawing 360 degrees

9. Verify the DJI Phantom 3 responds appropriately to all controls-yaw left/right, pitch forward/backward, 

roll left/right, and throttle up/down

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in order to endure the SUAS’s 

firmware is up-to-date, the batteries are in good health, and the aircraft itself is always ready for safe 

flight. 

Pilot in Command (PIC) Qualifications 

The PIC does not hold an airman certificate or medical certification. Since the SUAS is similar in size, 

weight, speed and operating capability as those currently allowed to be flown for hobby/recreation, 

holding the PIC to those same set of standards will allow for an equivalent level of safety. 

The PIC has over 11years experience in piloting RC/UAS craft, and has been an instructor to many. 

Because the PIC is not actually in the aircraft, quick reflexes, manual dexterity and computer knowledge 

is more important to safely piloting the UAS than an airman certificate.

It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing aircraft, has 

the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower,

within strictly controlled pre-approved airspace. Since there are no standards for either private or 

commercial SUAS pilot certificates, knowledge of airspace regulations and dexterity in the control and 

operation of the SUAS acquired from actual operation of the aircraft will be the most important factors in 

establishing an equivalent level of safety. With that in mind, Aerial 51 proposes that its PIC be required to 

do the following prior to the first commercial operation. Aerial 51 believes that these requirements are an 

excellent start to ensure the PIC is qualified to operate safely prior to the first commercial operation:

1. Perform 20 flights or log 20 hours of flight time (the greater of the two) with the DJI Phantom 3. 

2. Successfully learn and demonstrate all flight maneuvers in the DJI Phantom 3 manual. 

3. Study and be familiar with all sections of the “DJI Phantom 3 users manual”. 
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4. Study, be familiar with, and demonstrate (where possible) the “Always be Prepared for the Worst” 

scenarios.

Public Interest

Granting this exemption would benefit the public as a whole. SUASs offer a strong equivalent level of 

safety, a reduction in environmental impacts, and are free from the harmful emissions associated with the 

manned aircraft that are currently used for aerial photography and videography. Due to the size of the 

SUAS and the tightly controlled and limited airspace in which the SUAS will operate, approval of this 

application presents no risk to the public. Furthermore, the public will be able to legally acquire aerial 

photography and videography to help in, but not limited to, advertising homes for sale, advertising 

uninhabited home lots, use of photos and video as an aid when researching homes for sale on the market, 

or safely accessing high and/or awkward areas of a home’s exterior to assess damage that needs to be 

repaired.

Privacy

Since the areas being photographed or filmed will be on private property, accessed only after given 

written and/or oral consent by the property owner(s), and clear of all people, except for the PIC and the 

PIC's helper(s), approval of this application presents no risk to the public privacy. In addition, Aerial 51

will honor all requests for "no-fly zone".

National Security

Due to the size of the SUAS and the tightly controlled and limited airspace in which the SUAS will 

operate, approval of this application presents no risk to national security. 

Requested Exemptions

Aerial 51 requests exemption from the following regulations since it’s not possible to fully comply with 

them, and attempting to follow them for the purposes of operating a SUAS would be a burden:

Airworthiness Certificates 

14 CFR Part 21, Subpart H 

Subpart H 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 Aerial 51, 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 USC 

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 SUAS. In all cases, an analysis 

of these criteria demonstrates that the SUAS 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 operating with an airworthiness certificate without the restrictions and conditions proposed. 
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Medical certificates 

14 CFR 61.23 (a)

This regulation requires pilots of manned aircraft to hold a medical certificate. Since risks associated with 

the operation of the proposed SUAS are so diminished from the level of risk associated with any manned 

aircraft; the SUAS is of a size, weight, speed, and operational capabilities which makes it much safer than 

any manned aircraft; since operations will occur in tightly controlled and limited airspace; and 

considering that all operations will be on private property that is clear of all people, obtaining and 

maintaining a medical certificate would not improve the safety of the operation. In the very rare case of a 

mishap, the SUAS being flown will pose significantly less of a threat than manned helicopters and fixed 

wing aircraft because the SUASs are a fraction of the size, a fraction of the weight, will be flown at a 

fraction of the speed, carry no flammable fuel, and carry no crew or passengers.

Private pilot privileges and limitations: Pilot in command 

14 CFR 61.113 (a) and (b)

These regulations limit private pilots to non-commercial operations. Because the SUAS will not carry a 

pilot or passengers; due to the SUAS’s size, weight, speed, and operational capabilities; and since 

operations will occur in tightly controlled and limited airspace, the proposed operations can achieve the 

equivalent level of safety of current operations that currently require a commercial pilot’s license. 

Furthermore, since there are no standards for either private or commercial SUAS pilot certificates, 

knowledge of airspace regulations and dexterity in the control and operation of the SUAS acquired from 

actual operation of the aircraft will be the most important factors in establishing an equivalent level of 

safety. It cannot be assumed that a commercial pilot, approved to operate a manned helicopter or fixed 

wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet 

AGL or lower, within strictly controlled pre-approved airspace.

Flight instruction 

14 CFR 91.109 

This regulation 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. 

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

control is accomplished through the use of a control box 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 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. 

Minimum safe altitudes

14 CFR 91.119 
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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 SUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited 

conditions stated in the Manual, the SUAS will never operate at higher than 400 AGL. It will however be 

operated in a restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent. The SUASS are equipped with telemetry back to the 

operator. Telemetry includes altitude, vertical and horizontal ground speed, direction and distance from 

operator.

The equivalent level of safety will be achieved given the size, weight, speed of the 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 weighing far more than the maximum 55 lbs. proposed herein and 

the lack of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft used in photography for Real Estate and Business. In addition, the 

low-altitude operations of the SUAS will ensure separation between these small SUAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

Altimeter settings 

14 CFR 91.121

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 SUAS 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 by 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

Fuel Requirements for Flight in VFR Conditions

14 CFR 91.151 (a)

This regulation 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 SUAS provides approximately 25 minutes of powered flight. That would make 

it impossible to meet the 30 minute reserve requirement. Given the limitations on the SUAS’s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable. 

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power 

(whichever occurs first). This restriction would be more than adequate to return the SUAS to its planned 

landing zone from anywhere in its limited operating area.
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Maintenance Inspections

14 CFR 91.405 (a); 14 CFR 91.407 (a )(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 

(a) and (b) 

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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply. Maintenance will be accomplished by the operator pursuant to the aforementioned DJI 

Phantom 3 user manual and guide. 

An equivalent level of safety will be achieved because these small SUASs are very limited in size, will 

carry a small payload, and operate only in restricted areas for limited periods of time. If mechanical issues 

arise, the SUAS can land immediately and will be operating from no higher than 400 feet AGL. As 

outlined in the aforementioned Pre-flight Action Plan, the operator will ensure that the SUAS is in 

working order prior to initiating flight and perform maintenance as required. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety.

In accordance with 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register:

The applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR 61.113 

(a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 

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

small unmanned aircraft systems (55 lbs. or less) in order to safely and legally capture aerial photography 

and videography for use by homeowners, realtors, home builders, home contractors, and/or home 

inspectors.

The operation of SUASs conducted in the strict conditions outlined above, will provide an equivalent 

and/or greater level of safety supporting the grant of the exemptions requested herein, including 

exempting the applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment, and as a 

result, are far safer than existing operations conducted with helicopters operating in close proximity to the 

ground, people, or other buildings in the vicinity. 

Given the small size of the SUASs involved, the slow speed at which they must be operated in order to 

capture photos and videos, and the restricted environment within which they will operate, the DJI 

Phantom 3 demonstrates that it can be operated within an equivalent level of safety in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of SUASs to commence 

immediately. Also, due to the size of the SUASs and the restricted areas in which the relevant SUASs will 

operate, approval of this application presents no threat to national security. Given the clear direction in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, the strong equivalent 

level of safety surrounding the proposed operations, the significant public benefit – including enhanced 

safety, reduction in environmental impacts, no emissions, ability to legally obtain aerial photography and 

videography services – the grant of the requested exemptions is in the public interest. Accordingly, Aerial 

51 respectfully requests that the FAA grant the requested exemption without delay.
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Satisfaction of the criteria provided in Section 333 of the Reform Act – size, weight, speed, operating 

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