IN THE MATTER OF THE PETITION OF 

EXEMPTION OF AERIAL SOLUTIONS FOR AN 

EXEMPTION SEEKING RELEIF FROM THE 

REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS SECTIONS:

333 EXEMPTION DOCUMENT

CONCERNING COMMERCIAL OPERATION 

OF THE HUDSAN UNMANNED AIRCRAFT 

SYSTEM PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM 

ACTO OF 2012 (PUBLIC LAW 112-95)

Phillips J. Ash
1

Table of Contents

SUMMARY .................................................................................................................................................... 2

PROPOSED OPERATIONS.............................................................................................................................. 2

The Hubsan ........................................................................................................................................... 2

THE OPERATOR ..................................................................................................................................... 3

OPERATING PARAMETERS .................................................................................................................... 3

REGULATORY STATEMENT........................................................................................................................... 3 

PETITIONER’S CONTACT INFORMATION (14 C.F.R § 11.81 (A)) ........................................................... 4

SECTIONS OF TITLE 14 CODE OF FEDERAL REGULATIONS FOR WHICH RELEIF IS SOUGHT (14 C.F.R. 

11.81 (B)) .............................................................................................................................................. 4

EXTENT OF RELEIF SOUGHT (14 C.F.R. 11.81 (C)) . STATEMENT OF PUBLIC INTEREST (14. C.F.R. 11.81 

(D)) ....................................................................................................................................................... 8

STATEMENT OF PUBLIC INTEREST ....................................................................................................... 9

REASONS WHY A GRANT OF THIS EXEMPTION WILL NOT AFFECT 

PUBLIC SAFETY (14 C.F.R 11.81 (E)) ..................................................................................................... 9

FEDERAL REGISTRY SUMMARY (14 C.F.R. 11.81 (F)) .......................................................................... 12

ADDITONAL INFORMATION IN SUPPORT (14 C.F.R. 11.81 (G)) ......................................................... 12

Documents and Manuals .............................................................................................................. 12

Proposed specific operation limitations ....................................................................................... 12

CONCLUSION ............................................................................................................................................. 16
2

SUMMARY

Petitioner, Aerial Solutions LLC., is seeking exemption from the requirements of Title 14 of the Code of 

Federal Regulations (C.F.R.) Part 61 Sections 61.113(a) and (b), Part 91 Sections 91.7(a), 91.119(c), 

91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) in order to 

commercially operate the Hubsan Unmanned Aircraft System (UAS) for the purpose of aerial survey and 

photography in support of agricultural operations (including crop monitoring and inspection), surveying 

and civil engineering services, as well as power outage surveying. 

This Petition is submitted in accordance with the authority found in Section 333 of The FAA 

Modernization and Reform Act of the 2012 and Title 14 C.F.R. Section 11 Subpart A. 

PROPOSED OPERATIONS Aerial Solutions LLC.

(Aerial Solutions or Petitioner) is seeking an exemption that will permit it to perform aerial photography 

and surveying services for property owners, individual farmers, agribusinesses, surveying\engineering 

companies, and insurance\finance companies. These services would be used to provide efficiencies and 

enhance decision-making ability through aerial based survey and photography. This would be done 

through the use of video surveillance as well as still images allowing customers to immediately find 

problem areas and or address issues concerning the survey area.

THE HUBSAN UAS

The H109S X4 Pro is a platform for aerial photography and videography. It includes a 1080p HD 

camera ideal for virtually any application and flight times that run as high as 32 minutes, depending 

on payload. X4 Pro comes with a 2.4/5.8GHz transceiver that offers precision control of images and 

flight with the ease of a 7" touch screen and AndroidTM operating system. Actual Direction Control, 

Return to Home and a programmable Waypoints system provide pilots with tools that allow the 

operator to focus on creative vision and flight control.

Specifications

Diagonal: 370 mm

Weight: 1.06 kg (2.3 lb) RTF, without accessories.

Max. Takeoff Weight: 1.42 kg (3.1 lb)

Flight Time: 25 minutes with accessories, 32 minutes without

Flight Battery: 3S, 11.1V 7000mAh HD LiPo Battery

Transceiver Battery: 2S, 7.4V 5400mAh LiPo Battery

Camera Battery: Battery: 1S, 650mAh LiPo Battery

Power System: brushless motor & ESC
3

Onboard Nav Systems: GPS, Barometer & Compass

Flight Modes: Normal & ADC (Actual Directional Control)

THE OPERATOR

The proposed Operator, defined as the person who manipulates the controls of the System, would hold, 

at minimum, a Private Pilot Certificate or be properly trained in the operation of the National Air Space. 

To the extent the particular operation would dictate it, the Petitioner proposes that the Operator would 

have the ability to augment the crew with a visual observer (Observer) to assist with scanning for 

collision hazards and maintaining awareness of the Hubsan’s precise location, as noted in proposed Part 

107, the Observer would not be a required crewmember, and therefore the Petitioner believes that this 

petition need not require the Observer to hold any airman certificate. In addition to the Observer, the 

Petitioner further proposes that Operator may (as an operation dictates) augment the crew with an 

Equipment Operator (EO), who would be responsible for operation of photographic equipment carried 

on board the Hubsan. The EO would not be permitted to manipulate the flight or navigation controls of 

the Hubsan. Because the Equipment Operator would be analogous to a cameraman, the Petitioner does 

not believe that it is necessary for the EO to hold any airman certificate. 

OPERATING PARAMETERS

Aerial Solutions LLC is committed to the safe and compliant operation of this System at all times. 

Because the Hubsan does not carry crew or passengers on-board, and is so much smaller, lighter, and 

slower than manned aircraft, Petitioner seeks relief from several aspects of 14 C.F.R. Part 91. Before 

each operation, the Operator will inspect the System to ensure that flight operations can be conducted 

safely and in accordance with instructions provided by the manufacturer. Operations will be primarily in 

rural areas, and primarily over private property. All operations will be conducted in Class G airspace, or 

in compliance with Certificate of Waiver or Authorization (COA) obtained through the Air Traffic 

Organization (ATO). Due to the light nature of the Hubsan, Aerial Solutions LLC feels that in situations 

where it is not possible to operate the Hubsan more than 500 feet from non-essential persons, the 

Hubsan can still be safely operated so long as those persons are shielded by barriers or structures that 

are of sufficient strength to protect those non-essential persons. Should a non-essential person leave 

the protection of the barrier or structure, the Operator would cease operations as quickly as safety 

permits a safe landing of the UA.

REGULATORY STATEMENT

In accordance with the FAA Modernization and Reform Act of 2012, Section 333, entitled Special Rules 

for Certain Unmanned Aircraft Systems, and 14 C.F.R. §§ 11.61(b) and 11.81, the Petitioner submits the 

following:
4

PETITIONER’S CONTACT INFORMATION (14 C.F.R. § 11.81(a))

The name and address of the Petitioner is: 

Aerial Solutions LLC.

3645 Winthrop Dr.

Lexington, KY 40514

The point of contact for purposes of this Petition is:

P.J. Ash

3645 Winthrop Dr.

Lexington, KY 40514

Tel. 859.537.4017

pilotpj@gmail.com

SECTIONS OF TITLE 14 CODE OF FEDERAL REGULATIONS 

FOR WHICH RELIEF IS SOUGHT

(14 C.F.R. § 11.81(b)) Relief is sought from the following provisions of Title 14 of the Code Of Federal 

Regulations: 

Part 61

§ 61.113 (a) and (b), which state: 

Private pilot privileges and limitations: Pilot in command. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers 

or property for compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of an aircraft. 

(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 
5

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

Part 91

§ 91.7(a), which states: 

Civil aircraft airworthiness. 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

§ 91.119, which states: 

Minimum safe altitudes: General. 

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with any routes or 

altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than 

the minimums prescribed in paragraph (c) of this section. 

§ 91.121(a), which states: 

Altimeter settings.

a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—
6

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph 

(a)(1)(i) of this section, the current reported altimeter setting of an appropriate available 

station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure; or 

(2) At or above 18,000 feet MSL, to 29.92ʺ Hg. 

§ 91.151, which states:

Fuel requirements for flight in VFR conditions. 

(a) No person may begin 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. 

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 

§ 91.405(a), which states: 

Maintenance required. 

Each owner or operator of an aircraft—

(a) 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; 

§ 91.407(a)(1), which states: 

Operation after maintenance, preventative maintance, rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under §43.7 of this 

chapter; and... 

§ 91.409(a)(1) and (2) which state: 

Inspections
7

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter. 

§ 91.417(a) and (b) which state: 

Maintenance records. 

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner 

or operator shall keep the following records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include—

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and (iii) The signature, and certificate 

number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required 

to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its appliances are 

maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves recurring action, the time and date when the next 

action is required. 

(vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 
8

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under §43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for return to 

service. 

EXTENT OF RELEIF SOUGHT (14 C.F.R. § 11.81(c))

61.113(a) and (b). Relief is requested to the extent necessary to permit the holder of a private pilot 

certificate, with at least a current third-class medical certificate holder to conduct the proposed flight 

operations for compensation or hire. 

91.7(a). Aerial Solutions LLC seeks relief from 91.7(a) to the extent that the Hubsan system is not eligible 

for an airworthiness certificate under 14 C.F.R. 21 and therefore can not be airworthy in the context of 

the regulation. 

91.119. Relief is sought from 91.119 due to the unique nature of the proposed operations and the 

limited capabilities of the System. Aerial Solutions LLC can ensure that each operation is conducted 

within the requirements of 91.119(a) and is therefore not seeking exemption from that section of the 

regulation. With respect to 91.119 (b) and (c) Aerial Solutions LLC seeks relief for two reasons. First, the 

diminutive size and flight envelope of the UA, and the limited range of the System necessarily restrict 

operations to that of low level, low speed, line of sight (with the Operator) operations. Combined with 

the intent of the operations primarily being the survey and photography of property; commercial 

operation simply could not be done without exemption. Second, while not a manned helicopter, the 

Hubsan is more analogous to a helicopter than other aircraft, which a private pilot is permitted to 

operate at less than the minimums prescribed in paragraph (b) or (c) of section 91.119 so long as the 

operation is conducted without hazard to persons or property on the surface. 14. C.F.R. § 91.119(d). 

91.121. Relief is sought from 91.121 due to the design of the system. While not possessing an altimeter 

that can be set in compliance with the regulation, however the System contains barometric altimeter 

and GPS derived altitude capabilities. That being said, Aerial Solutions is not proposing relief to the 

extent that the Operator is not expected to check the System settings prior to each flight. 

91.151. Aerial Solutions requests relief from 91.151 due to the limited design range and associated 

battery storage capacity.

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Due to the fact that the Hubsan

aircraft and the larger System are not certificated pursuant to Part 21, nor issued airworthiness 

certificates, and due to the fact that the technology of the System is so different from traditional 

manned aircraft, the System does not fit well into the regulatory scheme of Part 91 Subpart E. As such 

Aerial Solutions seeks relief from the above noted regulations. However, Aerial Solutions will maintain 

all maintenance records related to the system. Aerial Solutions does not intend to document each 
9

battery replacement or charge, however, because the battery is analogous to fuel in manned aircraft, 

and documenting each charge would be as laborious as documenting each fueling of a certificated 

aircraft in that aircraft’s maintenance records.

STATEMENT OF PUBLIC INTEREST

(14 C.F.R. § 11.81(d)) The public benefits commensurate with the commercial operation of the Hubsan

UAS by Aerial Solutions LLC are numerous. By implementing this technology into the National Airspace 

System in a deliberate and limited way, the public’s interest will be served in that environmental 

impacts will be lessened, economies will be more efficient and relative public safety will increase. 

This technology will serve to reduce present environmental impacts, and prevent future negative 

impacts. Being an incredibly small, electrically powered System environmental impacts are mitigated 

when this system is used in place of present approved manned aircraft operations. Because neither 

leaded avgas nor jet fuel is burned, the System itself has low impact. The low weight and tiny motors not 

only reduce fuel consumption, but reduce noise in the environment and reduce the likely hood of other 

negative environmental impacts such as bird strikes and fuel spills. 

Because the System is so small, cheap and quick to deploy, yet retains the ability to return incredibly 

detailed information, crops can be monitored more closely for less cost, and as such the need to 

dispense agricultural chemicals can be further minimized. Infrastructure such as roads, bridges, 

pipelines, power lines, can be quickly assessed without the need for heavy equipment such as trucks, 

cranes, hoists and aircraft that run on fossil fuels. Additionally, with this technology deployed, studies 

regarding all aspects of land use, soil, topography, become possible where they previously were not due 

to economic reasons. The information collected by Aerial Solutions for their consumers will have a 

broader environmental impact that will benefit everyone, not just the customer. 

When this System is used in support of commercial operations, the public at large will benefit from the 

efficiencies that this system brings into the aerial survey market. UAS services in agriculture will allow 

farmers to have access to aerial based crop studies performed on a more timely basis which will allow 

them to reduce input costs (fuel, fertilizer, chemicals, etc.) allowing for more efficient crop production. 

In support of agricultural operations, UAS operation will provide the American consumer with lower 

food prices and better gains from the export of those agricultural products.

For both individual and wide-scaled disasters, the use of UAS’s will allow the relief companies a more 

efficient way of assessing the assets necessary to service their needs. They will be able to align their 

teams closely to the disaster paths at their disaster sites and allow them to visually inspect more 

frequently where their teams have been as well as where they need to go. The use of UAS’s in disaster 

scenarios will not only allow the relief companies to better service the public, but will ensure that life 

safety measures are even more enhanced during widespread disaster scenarios. 

REASONS WHY A GRANT OF THIS EXEMPTION WILL NOT AFFECT PUBLIC SAFETY 

(14 C.F.R. § 11.81(e))
10

Aerial Solutions LLC is firmly convinced that this product will not affect public safety in any adverse way, 

but will in fact enhance it. 

With respect to the safe operation of the aircraft, the Administrator, in exemption No. 11138 has 

already evaluated the technical specifications of the aircraft. In noting it’s small size, limited speed and 

numerous safety features (such as low battery autonomous landing, lost-link event autonomous 

procedures, auto-pilot and stability control, to name a few), Aerial Solutions believes that the 

Administrator’s finding that this System can be safely operated in the NAS system was correct.

In order to ensure that safety, Aerial Solutions would utilize a certificated pilot or properly trained 

person as the Operator, and abide by common sense operating limitations to ensure that the safety of 

the public is ensured. A list of proposed specific operating limitations is included in the additional 

information section, below. The Petitioner is only seeking relief from very specific regulations that relate 

to the operation of this System, and is suggesting specific alternative procedures to ensure safety in lieu 

of those regulations from which Petitioner is seeking relief. 

Aerial Solutions further notes that by replacing certain manned operations with operations conducted 

by this small System, public safety will actually be enhanced. In those operations where traditional 

manned aircraft are presently used, the public bears the risk of the crash of a much larger, heavier 

vehicle travelling at a much higher rate of speed. Furthermore, many of those manned operations 

contribute to congestion in the NAS, and as such an increased risk of collision with other aircraft. 

Because the Hubson will be operated away from the airport environment, the airport environment 

being the location of the highest risk of collision, using this aircraft in place of a manned aircraft reduces 

the risk of collision. 

With respect to each particular regulation for which relief is sought, Aerial Solutions believes safety is 

insured: 

61.113(a) and (b). Relief is requested to the extent necessary to permit the holder of a private pilot 

certificate, with at least a current third-class medical certificate holder to conduct the proposed flight 

operations for compensation or hire, or that the operator be properly trained in the use of the Hubsan 

within the limited area it will be operating.

Aerial Solutions notes that private pilots are allowed to operate aircraft for compensation or hire so long 

as doing so is incidental to their business and they do not carry passengers. This is done in much heavier, 

faster aircraft, which pose a greater risk to persons or property on the ground. In the case of the 

Hubson, the aircraft, through it’s limited speed and weight poses much less risk of harm to those on the 

surface. The fact that the very small UA will be operated in accordance with the manufacturer’s 

instructions and over limited parcels of land, combined with it’s limited range, negates the long crosscountry flying experience required for a commercial pilot certificate. Therefore Petitioner believes that 

an equivalent level of safety with respect to manned aircraft is met with a minimum certification level of 

Private Pilot or that the operator be properly trained in the use of the Hubsan.

91.7(a). Aerial Solutions LLC seeks relief from 91.7(a) to the extent that the Hubsan system is not eligible 

for an airworthiness certificate under 14 C.F.R. 21 and therefore can not be airworthy in the context of 

the regulation. The Operator can, before each flight, determine whether or not the aircraft is capable of 

safe flight by visually inspecting the System, accomplishing appropriate pre-flight inspections, and
11

ensuring compliance with the manufacturers operating manuals and therefore an equivalent level of 

safety will be met. 

91.119. Relief is sought from 91.119 due to the unique nature of the proposed operations and the 

limited capabilities of the System. Aerial Solutions LLC can ensure that each operation is conducted 

within the requirements of 91.119(a) and is therefore not seeking exemption from that section of the 

regulation. With respect to 91.119(b) and (c) Aerial Solutions LLC seeks relief for two reasons. First, the 

diminutive size and flight envelope of the UA, and the limited range of the System necessarily restrict 

operations to that of low level, low speed, line of sight (with the Operator) operations. Combined with 

the intent of the operations primarily being the survey and photography of property; commercial 

operation simply could not be done without exemption. Second, while not a manned helicopter, the 

Hubsan is more analogous to a helicopter than other aircraft, which a private pilot is permitted to 

operate at less than the minimums prescribed in paragraph (b) or (c) of section 91.119 so long as the 

operation is conducted without hazard to persons or property on the surface. 14. C.F.R. § 91.119(c). 

With respect to operating the Hubsan over or near a structure, Aerial Solutions LLC would like to point 

out that it is often more dangerous for those involved if a person were to, for example, fall off of a roof 

or a ladder, or drop a heavy tool such as a hammer, than it would be for this three pound Hubsan to fall, 

so long as the Operator ensures that he has permission from the owner and requires that any structure 

the Hubsan is operated over or near is not occupied, nor are people in the immediate vicinity, a high 

level of safety can be achieved. 

Due to the Systems limitations with respect speed and altitude, it’s light weight, and ability to maneuver 

like a helicopter (with an equally trained Private Pilot Operator), and a restriction than any structure 

flown over with permission and only when unoccupied, Aerial Solutions LLC respectfully submits that an 

equivalent level of safety is assured if relief is granted from 91.119 (b) and (c). 

91.121. Relief is sought from 91.121 due to the design of the system. While not possessing an altimeter 

that can be set in compliance with the regulation, an equivalent level of safety can be met due to the 

fact that the System contains barometric altimeter and GPS derived altitude capabilities, thus ensuring 

an equivalent level of safety. That being said, Aerial Solutions is not proposing relief to the extent that 

the Operator is not expected to check the System settings prior to each flight. 

91.151. Aerial Solutions requests relief from 91.151 due to the limited battery storage capacity. 

Petitioner feels that a good balance of safety and utility can be met if the Operator is permitted to plan 

and initiate a daytime VFR flight to the first intended point of landing, at normal cruising speed which 

would require no more than 70% battery power. This System possesses several safety features with 

respect to power, including a low battery warning that first alerts at 30% remaining, and an automated 

landing function when a low battery is detected by the System. Should conditions change during the 

flight, this will leave 30% battery capacity to fly to a safe alternative landing zone. 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Due to the fact that the Hubsan 

aircraft and the larger System are not certificated pursuant to Part 21, nor issued airworthiness

certificates, and due to the fact that the technology of the System is so different from traditional 

manned aircraft, the System does not fit well into the regulatory scheme of Part 91 Subpart E. As such 

Aerial Solutions LLC seeks relief from the above noted regulations. In order to ensure an equivalent level 

of safety, Aerial Solutions LLC will use trained technicians to perform maintenance, alterations, or 
12

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the 

manufacturer’s manuals. Aerial Solutions will maintain all maintenance records related to the system. 

Aerial Solutions LLC does not intend to document each battery replacement or charge, however, 

because the battery operated systems are analogous to fuel in manned aircraft, and documenting each 

charge would be as laborious as documenting each fueling of a certificated aircraft in that aircraft’s 

maintenance records.

FEDERAL REGISTRY SUMMARY (14 C.F.R. § 11.81(f))

Aerial Solutions LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)& (b). 

This exemption will permit Aerial Solutions LLC to commercially operate an Unmanned Aircraft System 

(UAS) for the purpose of conducting aerial survey and photography within the United States. 

ADDITIONAL INFORMATION IN SUPPORT (14 C.F.R. § 11.81(g))

Documents and Manuals

The documents and manuals for the Hubsan UAS can be found at:

http://www.hubsanx4pro.com/index.html These documents are incorporated into this petition by 

reference. However, due to file size limitations they are not being attached. 

Proposed specific operating limitations

1. Operations authorized by this grant of exemption are limited to the following aircraft described 

in the operating documents which is a quad-rotor aircraft weighing less than 3 pounds: Hubsan

Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition 

or a petition to amend this grant. 

2. The UA may not be flown at an indicated airspeed exceeding 30 knots. 

3. The UA must be operated at an altitude of no more than 300 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents. All altitudes reported to ATC 

must be in feet AGL. 

4. The UA must be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all 

times. This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

5. The operating documents and this grant of exemption must be accessible during UAS operations 

and made available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in this exemption and the procedures outlined in the operating 
13

documents, the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating documents. The 

operator may update or revise its operating documents. It is the operator’s responsibility to 

track such revisions and present updated and revised documents to the Administrator upon 

request. The operator must also present updated and revised documents if he petitions for 

extension or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration 

Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the 

operating documents. 

6. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If 

the inspection reveals a condition that affects the safe operation of the UAS, the UAS is 

prohibited from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

7. Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, must undergo a functional test flight. The PIC who 

conducts the functional test flight must make an entry in the aircraft records. 

8. The pre-flight inspection section in the operating documents must account for all discrepancies, 

i.e. inoperable components, items, or equipment, not already covered in the relevant sections of 

the operating documents. 

9. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

10. The operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations must be 

noted in the aircraft records, including total flight hours, description of work accomplished, and 

the signature of the authorized person returning the UAS to service. 

11. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

12. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

13. UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at 

least a current third-class medical certificate or be properly trained in the operation. The PIC 

must also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate. 

14. Prior to operations conducted for the purpose of aerial survey or photography (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 

hours logged as a UAS pilot with a multirotor UAS. Prior documented flight experience that was 

obtained in compliance with applicable regulations may satisfy this requirement. Training, 

proficiency, and experience-building flights can also be conducted under this grant of exemption 

to accomplish the required flight time. However, said training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and experience-
14

building flights the PIC is required to operate the UA with appropriate distances in accordance 

with 14 CFR 91.119. 

15. Prior to operations conducted for the purpose of aerial survey or photography (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be 

used in operations under the exemption; 5 hours make and model time may be included in the 

10 hours of multi-rotor time prescribed above. The PIC must accomplish 3 take-offs and landings 

in the preceding 90 days (for currency purposes). Training, proficiency, experience building, and 

take-off and landing currency flights can be conducted under this grant of exemption to 

accomplish the required flight time and 90 day currency. However, said training operations may 

only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with appropriate distances in 

accordance with 14 CFR 91.119. 

16. The operator may not permit the PIC to operate the UAS for the purpose aerial survey or 

photography (or similar operations), unless the PIC has demonstrated and logged in a manner 

consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UA loses communications or loses its GPS signal, it must return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 30% battery power remaining. 

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations in Class E airspace. This COA will also 

require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to that operation. 

22. Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

23. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents must be 

made available to the Administrator or any law enforcement official upon request. 27. The UA 

must remain clear and yield the right of way to all manned aviation operations and activities at 

all times. 

24. The UAS may not be operated by the PIC from any moving device or vehicle. 

25. Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: 
15

a. a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or;

b. b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission and the 

PIC has made a safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present 

an undue hazard to those persons per § 91.119(a). 

26. All operations shall be conducted over private or controlled-access property with permission

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

27. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by an applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations 

must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. 
16

CONCLUSION

As set forth above, Aerial Solutions LLC seeks an exemption from certain parts of the Federal Avaition 

Regulations to permit Aerial Solutions to operate a Hubsan UAS, for compensation or hire, commercially 

in the United States for the purposes of conducting aerial photography and survey. Aerial Solutions LLC

believes that a grant of exemption is in the public interest and that public safety will not be negatively 

affected. By use of an unmanned system in scenarios where manned aircraft are traditionally operated 

Aerial Solutions believes that public safety will actually be enhanced. 

PETITIONER, Aerial Solutions, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, respectfully requests that the Administrator grant 

this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) and (b), 91.7(a), 

91.119(b) and (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) and 

(b), and permit Aerial Solutions LLC to operate the Hubsan UAS commercially for the purpose of 

conducting aerial survey and photography over certain areas of the United States. 

Respectfully Submitted,

__________________________________

Phillips (P.J.) Ash

3645 Winthrop Dr.

Lexington, KY 40514

Tel.859.537.4017

pilotpj@gmail.com