Aerial 51

Craig Williams

1752 Pryor Rd SW

Unit 306

Atlanta, GA 30315

February 29, 2016

U. S. Department of Transportation

Docket Management System

Federal Aviation Administration

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption seeking relief from the requirements of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations from Title 14 of the Code of Federal 

Regulations. 

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR

61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121;

91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) &

(b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 C.F.R. Part 11, AERIAL 51 (“the applicant”), Operator of Small 

Unmanned Aircraft Systems (“sUASs”) equipped to conduct on-demand commercial 

UAS operations for a host of industries and applications and to perform the purposes 

listed below, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its 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 of Section 49 U.S.C. 44701(f).

As described more fully below, the requested exemption would permit the 

operation of small, unmanned, and relatively inexpensive sUAS under controlled 

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

4) would provide safety enhancements in the fields in which it will operate. 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.

The name and address of the applicant is:
2

AERIAL 51

Attn: Craig La’Don Williams

Ph: 404-788-7060

Email: craig_wms@yahoo.com

Address: 1752 Pryor Rd S.W, Unit 306, Atlanta, GA 30315

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 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 of 

Transportation 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 in light of the following:

 The UAS’s size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, 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.” Id. §333(c) 

(emphasis added).1

																																																							

1

Applicant interprets this provision to place the duty on the Administrator to not only process applications 

for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the 

UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements 

for approval.
3

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory authority by its terms includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, which includes sUASs, from the requirement that all 

civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this 

title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) 

See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

The applicant’s sUAS (Appendix 1) are fixed wing and rotorcraft, weighing 55 or 

fewer lbs. including payload. They operate under normal conditions at a speed of no more 

than 20 to 35 knots and have the capability to hover and move in the vertical and 

horizontal plane simultaneously and move in the horizontal plane. They will operate only 

in line of sight and will operate only within the sterile area described in the Unmanned 

Aircraft Systems Operations Manual, attached as Appendix 2 (hereinafter “the Manual”). 

Such operations insure that the sUAS does “not create a hazard to users of the national 

airspace system or the public.”

2

Given the small size of the sUASs involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by

exemption, allow commercial operations of UASs to commence immediately. Also due 

to the size of the UASs and the restricted areas in which the relevant sUASs will operate, 

approval of the application presents no national security issue. Given the clear direction 

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

amended; the strong equivalent level of safety surrounding the proposed operations, and 

the significant public benefit, including enhanced safety, reduction in environmental 

impacts, including reduced emissions associated with allowing UASs for capturing high 

resolution imagery and video of residential or commercial applications and purposes to a 

level of quality that allows use of the imagery to identify, record, memorialize events and 

objects according to the purposes noted. 

The imagery and video will be used to identify the condition of landscapes, 

agriculture, events, disasters, patrolling, aerial inspection, photography and videography 

of residential and commercial real estate, weddings, utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers, pipeline inspection 

and patrolling, filmmaking, cinematography, and videography, wildlife and forestry 

monitoring, mosquito and insect control, aerial land surveying, aerial imaging for safety,

monitoring and comparing work efforts and completion percentages, and security of 

controlled environment of various sites, aerial video and live video feed to assist with 

search and rescue operations under the authority and support of local authority officials, 

aerial video and photography for public and private use including television, public 

																																																							

2

Reform Act Section 333 (b).
4

events, and cinematography live feed and live newsgathering, training to persons 

individually or belonging to both private and public organizations to increase awareness 

and improve safety for current and future UAS operations within the NAS, special 

events: including high schools, colleges, professional sports, open air events and fairs 

research, risk management and assessment, picture production, surface mining, closed set 

filming, disaster and catastrophe events.

The UAS will be operated by Craig Williams and or contracting operators on 

occasion to capture high-resolution imagery/video of large structures (wide and tall) such 

as warehouses, high rise buildings, bridges, and construction sites, as well as “bird’s eye” 

views of fire and explosion sites. Given the small size of sUAVs involved, no more than 

55 lbs., majority of the speed of operation be between 5-15 mph and the restricted 

environment within which they will operate, the Petitioner falls squarely within that zone 

of safety (and equivalent level of safety) in which Congress envisioned that the FAA 

must, by exemption, allow commercial operations of UASs to commence immediately.

The granting of the requested exemptions is in the public interest. Accordingly, the 

applicant respectfully requests that the FAA grant the requested exemption without delay.

Background Information

The applicant is in the business of proving high quality graphic and web design and

capturing high resolution imagery and video of residential or commercial applications 

and purposes to a level of quality that allows use of the imagery to identify, record, 

memorialize events and objects according to the purposes noted. As a small business 

owner, Craig Williams understands the importance of liability and legality. He plans to 

pursue aerial drone photography and videography in the same professional manner in 

which he conducts himself in traditional design related work. The applicant’s clients look 

to the applicant for safe operations of sUAS. The applicant has developed specific safe 

UAV operational procedures. Increasingly, the applicant has clients looking for sUAS 

services for capturing high resolution imagery and video of residential or commercial 

applications and purposes to a level of quality that allows use of the imagery to identify, 

record, memorialize events and objects according to the purposes noted.

In order to conduct this type of work within the proper legal and ethical manner, the 

applicant is prepared to take the necessary steps. It is important for him to complete the 

necessary training and permitting in order to obtain liability insurance while ensuring he 

can operate a drone safely, professionally and lawfully.

Operations performed by the applicant include:

- Event Photography/Videography

- Aerial land Surveying

- Search and Rescue (under authority and support of local authority officials)

- Real Estate Photography / Videography

- Aerial filmmaking and photography

- Facilities inspections and monitoring 
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- Educational and research operations

- Wedding aerial imagery

- Training

- Sporting and Special Events

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that

have the characteristics and that operate within the limitations listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety 

enhancement to the already safe aerial photography and videography conducted with 

conventional aircraft.

These limitations and conditions to which the applicant agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more 

than 200 feet above an elevated platform from which flight is planned.

5. The UA may not be flown at an indicated airspeed exceeding 30 mph (10 mph 

during inspections).

6. Minimum crew for each operation will consist of the sUAS Pilot and if needed the 

Visual Observer. The visual observer and the pilot in command must be able to 

communicate by voice at all times during a flight operation.

7. The sUAS pilot-in-command (PIC) will hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government.

8. If a pilot certificate holder other than the sUAS Pilot, who possess the necessary 

PIC qualifications, is also present on site, that person can also be designated as 

PIC.

9. The	Exemption	Holder’s	Manuals	must	be	amended	to	include	all	conditions	

and	limitations	required	by	the	FAA.	The	Manuals	must	be	maintained	and	

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

between	the	conditions and	limitations	in	the	exemption	and	the	procedures	

outlined	in	the	Exemption	Holder’s	Operator’s	manual,	the	conditions	and

limitations	in	the	exemption	take	precedence	and	must	be followed.	

Otherwise,	the	Aircraft	Operator	must	follow	the	procedures	as	outlined	in	

its	Aircraft’s	manual.	The	Exemption	Holder	may	update	or	revise	its	

Manuals.	It	is	the	Exemption	Holder’s	responsibility	to	track	such	revisions	

and	present	updated	and	revised	documents	to	the	Administrator	upon	

request.	The	Exemption	Holder	must	also	present	updated	and	revised	
6

documents	if	it	petitions	for	an	extension	or	amendment of	this	exemption.	If	

the	Exemption	Holder	determines	that	any	update	or	revision	would	affect	

the	basis	upon	which	the	FAA	granted	this	exemption,	then	the	Exemption

Holder	must	petition	for	amendment	to	its	exemption.

10. The sUAS will only operate within defined boundaries as outlined in Section 8.4

of the Manual.

11. A briefing will be conducted in regard to the planned sUAS operations prior to 

each mission. It will be mandatory that all personnel who will be performing 

duties within the boundaries of the safety perimeter be present for this briefing.

12. Prior to each flight, the Aircraft Operator 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 aircraft 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.

13. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light 

of the requested exemption, with the appropriate Flight Standards District Office

(FSDO).

14. The operator will obtain the consent of all persons involved in the mission and 

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

operation, and this radius may be reduced to 30 feet based upon an equivalent 

level of safety determination, as required by Section 8.4 of the Manual. With the 

advanced permission of the relevant FSDO, operations at closer range can be 

approved.

15. The operator will submit a written Plan of Activities to the FSDO three days 

before the proposed mission as required in Section 8.1 of the Manual. Items will 

include:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS mission conducted 

under this petition of exemption;

c. Make, model, and serial or N-number of UAS to be used;

d. Name and certificate number of UAS PICs involved in the mission;

e. A statement that the operator has obtained permission from property

owners and/or local officials to conduct the mission;

f. The list of those who gave permission made available to the inspector

upon request;

g. Signature of exemption-holder or representative; and

h. A description of the flight activity, including maps or diagrams of any 

area, city, town, county, and/or state over which the mission will be

conducted and the altitudes essential to accomplish the operation.

16. Pilot and observer will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated as required 

in Sections 7.4 and 7.5 of the Manual.

17. Observer and/or pilot will at all times be able to communicate by voice.
7

18. Written and/or oral permission from the relevant property holders will be 

obtained.

19. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies.

20. If the sUAS loses communications or loses its GPS signal, the UAS will have the

capability to return to a pre-determined location within the Security Perimeter and

land.

21. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

22. The documents required under 14 CFR 91.9 and 91.203 must be available to the 

Operator at the Ground Control Station of the UAS any time the aircraft is 

operating. These documents must be made available to the Administrator or any 

law enforcement official upon request.

23. The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times.

24. UAS operations may not be conducted during night, as defined in 14 CFR 1.1.

25. During operations the UA may not operate within 5 nautical miles of the 

geographic center of an airport as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM, if 

required by the Operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.

26. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operation are as defined by the 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 (NTBS) 

per instructions contained on the NTSB web site: www.ntsb.gov

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR §91.203 

(a) (1). Given the size and limited operating area associated with the aircraft to be utilized 

by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.
8

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, 

and operates exclusively within a secured area as set out in the Manual. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both 

the operator and observer, pursuant to the Manual’s policies, and under and in 

compliance with local public safety requirements, to provide security for the area of 

operation as is now done with conventional aerial high resolution imagery and video of 

residential or commercial applications and purposes to a level of quality that allows use 

of the imagery to identify, record, memorialize events and objects.

The FAA will have advance notice of all operations. These safety enhancements, 

which already apply to civil aircraft operated in connection with aerial high resolution 

imagery and video of residential or commercial applications and purposes to a level of 

quality that allows use of the imagery to identify, record, memorialize events and objects, 

provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the UAS, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to carry

a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration

number is displayed on limited, restricted or light-sport category aircraft 

or experimental or provisionally certificated aircraft, the operator must 

also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, 

the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be

needed as the UAS will have no entrance to a cabin, cockpit or pilot station on which the 

word “Experimental” can be placed. Given the size of the sUAV, two-inch lettering will 

be impossible. The word “Experimental” will be placed on the fuselage in compliance 

with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the 

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 

10167A.
9

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

Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC operating 

the aircraft to have a pilot’s certificate operate this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no 

living thing on board. The area of operation is controlled and restricted, and all flights are

planned and coordinated in advance as set forth in the Manual. The level of safety 

provided by the requirements included in the Manual exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional aircraft. The 

risks associated with the operation of the sUAS are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the sUAS as requested by a pilot’s certificate as the PIC exceeds 

the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the requirements contained in the Manual 

for maintenance and use of safety checklists prior to each flight, as set forth in Sections 

9.1 and 9.6, an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides:

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

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and

placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the sUAS will have immediate access to it. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action
10

This regulation requires each pilot in command to take certain actions before 

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft, an exemption will be needed. An equivalent level of safety will 

be provided as set forth in Sections 8 and 9 of the Manual. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances,

and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls.

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. See Exemption Nos. 5778K & 

9862A. 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.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119(d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or 

not more than 200 above an elevated platform from which operation is planned, an 

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

limited conditions stated in the Manual, the UAS will never operate at higher than 400 

AGL. It will, however, be operated in a restricted area with a security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained

consent.

The equivalent level of safety will be achieved given the size, weight, and 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 mission, all affected individuals will be aware 

of the planned flight operations as set forth in Section 6.2, 8.1, and 8.2 of the Manual. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL in the aerial photography and videography field. In

addition, the low-altitude operations of the sUAS will ensure separation between these 
11

small UAS operations and the operations of conventional aircraft that must comply with 

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure airport 

or an appropriate altimeter setting available before departure.” As the 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, pursuant to the 

Manual and safety checklist, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, assuming normal cruising 

speed – (1) During the day, to fly after that for at least 30 minutes; or (2) at night, to fly 

after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 30 minutes of powered 

flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights 

would be limited to approximately 20 minutes in length. Given the limitations on the 

UAS’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.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 (a)). Operating the small 

UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights 

to 20 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 20 minutes or 25% of battery power whichever happens first. This restriction 

would be more than adequate to return the sUAS to its planned landing zone from 

anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
12

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft

unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the sUAS will have immediate access to them, 

to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions 

to this regulation. A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain 

the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to the applicant. Maintenance will be

accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced in the Manual (See Sections 8.6 and 9). An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small

payload and operate only in restricted areas for limited periods of time. If mechanical 

issues arise the UAS can land immediately and will be operating from no higher than 400 

feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. 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.
13

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & 

(b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) 

and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & 

(b) to operate commercially a small unmanned vehicle (55lbs or less) in motion 

picture and television operations.

Approval of exemptions allowing commercial operations of sUASs in aerial 

photography and videography will enhance safety by reducing risk. Conventional aerial 

photography and videography using jet or piston power aircraft, operate at extremely low 

altitudes just feet from the infrastructure being inspected and in extreme proximity to 

people and structures; and present the risks associated with vehicles that weigh in the 

neighborhood of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft 

must fly to and from the work location. In contrast, a sUAS weighing fewer than 55 lbs. 

and powered by batteries eliminates virtually all of that risk given the reduced mass and 

lack of combustible fuel carried on board. The sUAS is carried to the worksite and not 

flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to 

the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict

conditions outlined above, will provide an equivalent 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 conventional operations conducted with turbine helicopters operating in 

close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Aerial photography and videography will be performed for 

people who have also consented for work to be performed or otherwise have agreed to be 

in the area where UAS flight will take place.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size,

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

applicant’s UAS in aerial photography and videography pursuant to the Manual appended 

hereto.
14

Sincerely,

Craig L. Williams

Aerial 51
i

Appendix 1

1.1 – sUAS Product Description (DJI Phantom Inspire 1).

See Flight Manuals: 

sUAS Product Owners Manual (DJI Inspire 1 Manual - http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf )

1.2 – sUAS Product Description (DJI Phantom 3 Pro).
ii

See Flight Manuals: 

sUAS Product Owners Manual (DJI Phantom 3 Pro Manual - http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf ) 

Appendix 2

Please see the attached:

sUAS Operating Manual

sUAS Pre-Flight Safety Checklist