November 4th , 2015

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: AeroSolutions Midwest LLC, Owner Shawn Didde

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a), 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) ALONG 

WITH ANY OTHER REQUIREMENTS THE ADMINISTRATOR DEEMS 

NECESSARY FOR OPERATION OF sUAS CONCERNING COMMERCIAL 

OPERATION OF DJI Phantom 2 and DJI Phantom 3 UNMANNED AIRCRAFT 

SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND 

REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Shawn M. Didde

Owner

AeroSolutions Midwest LLC

1016 SW Southgate Drive

Blue Springs, MO 64015

816-522-6072

didde@aerosolutionsmidwest.com
Summary

AeroSolutions Midwest LLC, referred to from this point on as “ASM” was formed on 10-

05-2015 by Shawn Didde and Neil Hessenflow. Both owners have earned their private 

pilot certificates in accordance with Title 14 Part 61 of the Federal Regulations. ASM is 

seeking an exemption to certain requirements under Title 14 Section 333 of the FAA 

Modernization and Reform Act of 2012. In order to conduct commercial operations using 

Unmanned Aircraft Systems, ASM is seeking exemptions to the following requirements 

of 14 C.F.R §§ 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). The commercial operations to be conducted 

include aerial photography, cinematography, aerial inspections, and surveying. 

Interests of the Petitioner

As co-owner of ASM, I seek to establish a respectable reputation in the emerging market 

of UAS based companies. Safety, as well as strict adherence to local, state, and federal 

regulations will be a priority at ASM. Both owners of ASM are private pilots and have a 

high level of passion for aviation and aviation safety. I believe this will be an advantage 

to our company and will help to maintain a high level of professionalism as it pertains to 

aviation. Currently both owners have operated DJI Phantom UAS aircraft recreationally

without incident. It is my opinion that an exception under section 333 of the 

Modernization and Reform Act of 2012 is absolutely necessary for our company to grow 

and operate legally and safely in the National Airspace. 

Unmanned Aircraft Systems

ASM seeks exemption status to operate the DJI 2 and DJI 3 Phantom aircraft systems. 

The DJI 2 Phantom is a Quad-rotor, ready to fly system. The diagonal length of the DJI 2 

is 350mm. The max speed is 15 meters per second, or approximately 29.15 knots. The 

DJI 2 communicates directly with a ground control station. (GCS) In the case of the DJI 

2 and 3, the GCS is a smart phone or electronic tablet. ASM plans to use Apple Ipads for 

their flight operations. The DJI 2 has an approximate weight of 1000 grams. (2.2 pounds) 

The max takeoff weight is 1300 grams. (2.86 pounds) The DJI 2 is powered by a 3S 

LiPo battery and communicates via a 2.4GHZ ISM controller. The communication 

distance between the controller and the aircraft is listed as 1000 meters. (Open area) The 

max ascent is 6 meters per second and the max decent is 2 meters per second. 

The DJI 3 Phantom is a Quad-rotor, ready to fly system. The diagonal length of the DJI 3 

is 590 mm. The max speed is 16 meters per second, or approximately 31.1 knots. The 

DJI 3 communicates directly with a ground control station. (GCS) In the case of the DJI 

2 and 3, the GCS is a smart phone or electronic tablet. ASM plans to use Apple Ipads for 
their flight operations. The DJI 3 has a max weight of 1280 grams. (2.82 pounds) The 

DJI 3 is powered by a 4S LiPo battery and communicates via a 2.4GHZ - 2.483 GHZ 

ISM controller. The communication distance between the controller and the aircraft is 

listed as 2000 meters. (Open area) The max ascent is 5 meters per second and the max 

decent is 3 meters per second. 

14 CFR § 11.81 

In accordance with 14 C.F.R. § 11.81, AeroSolutions Midwest provides the following 

information in support of its petition for exemption:

A. Name and Address of Petitioner

Shawn M. Didde

1016 SW Southgate Drive

Blue Springs, MO 64015

Ph: 816-522-6072

Email: didde@aerosolutionsmidwest.com

B. Specific rules for which ASM seeks an exemption from section 14 C.F.R.

1. ASM seeks exemption from the requirements of section 61.113(a).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

subsections (a) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or hire;

nor may that person, for compensation or hire, act as PIC of an aircraft.

2. ASM seeks exemption from the requirements of section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

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

3. ASM seeks exemption from the requirements of section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(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--

(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.

4. ASM seeks exemption from the requirements of section 91.151 (a) and (b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(a), states the following:

(a) No person may begin a flight in an airplane under VFR conditions unless 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. 

Subsection (b) states the following:

(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.

5. ASM seeks exemption from the requirements of section 91.405 (a)

Section 91.405, entitled Maintenance required, subsection (a), states the following: 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[.]

6. ASM seeks exemption from the requirements of section 91.407 (a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

(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[.]

7. ASM seeks exemption from the requirements of section 91.409(a)(1)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(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.

8. ASM seeks exemption from the requirements of sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the

following:

(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:

(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.

C. The extent of relief that ASM seeks and the reason ASM seeks the relief.

1.) Extent Of relief ASM seeks and the reason ASM seeks relief from section 

61.113(a).

Relief from Section 61.113(a) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or 

higher level certificate, as well as a current and valid airman medical certificate, and who 

has met certain flight-hour and currency requirements, to conduct the proposed UAS 

flight operations for compensation or hire.

ASM seeks the relief due to the fact that the dynamics of flight in a small un-manned 

aircraft (Less than 55 lbs) differs from the manned aircraft requiring a certified pilot. 

Both owners of ASM have been certified private pilots and understand the level of 

situational awareness needed when operating any aircraft, manned or un-manned. ASM 

intends to hold every pilot to a high standard when operating UAS. ASM will mandate 

that all pilots complete at least 25 hours flight time under supervision from a certified 

pilot before conducting any commercial operations. ASM will ensure that all pilots will 
be trained on evasive maneuvers, airspace classifications and restrictions, emergency

landings, and other safety considerations. All ASM pilots will maintain a valid driver’s 

license as well as a bi-annual physical to maintain the level of accountability and safety 

as set forth by the FAA. Furthermore, ASM will comply with all regulations put in place 

by the FAA and the future and will develop internal policies for operation based on those 

regulations and the suggestions given by the FAA. 

2. Extent of relief ASM seeks and the reason ASM seeks relief from section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow ASM to determine that the DJI Phantom 2 and 3 UAS are in airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the 

operating documents. (DJI Phantom flight manuals, monthly maintenance logs, and 

ASM specific operating documents) ASM seeks the requested relief because the DJI 

Phantom 2 and 3 UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. 

ASM will ensure that the DJI Phantom 2 and 3 UAS are in airworthy

condition based upon its compliance with the operating documents prior to every flight, 

and further, determine that the aircraft are in condition for safe flight. ASM will not 

allow operation of the UAS in conditions where normal VFR operations are prohibited. 

ASM will also comply with all recommended and mandated flight operation 

levels/restrictions as set forth by the FAA. ASM will not allow any UAS to conduct 

commercial operations that are in need of repair, or are not functioning at safe operating 

levels. Pre-flight inspections to determine the airworthiness of the UAS will be 

conducted prior to every flight. 

3. Extent of relief ASM seeks and the reason ASM seeks relief from section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Phantom 2 and 3 UAS, which utilize a barometric pressure sensor, 

GPS equipment, and a radio communications telemetry data link to downlink altitude 

information from the UA to the PIC at the ground control station (GCS). Since the FAA 

requires that any altitude information concerning UAS operations be reported to air 

traffic control (ATC) in feet above ground level (AGL), ASM seeks the requested relief 

because the DJI Phantom 2 and 3 UA’s altimeter may be set on the ground to zero feet 

AGL, rather than the local barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations 

stated below. An equivalent level of safety will be maintained since the DJI Phantom 2 

and 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each 

flight, and provides the PIC with altitude information of the UA on the heads-up display

of the GCS. 
4.) Extent of relief ASM seeks and the reason ASM seeks relief from section 

91.151(b).

Relief from 91.151(b), “No person may begin a flight in a rotorcraft under VFR 

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

assuming normal cruising speed, to fly after that at least 20 minutes.” The DJI Phantom 

2 and 3 UAS are powered by batteries. For this purpose, the batteries could be referred to 

as the UAS fuel source. The UAS are limited on flight times based on the battery used. 

The exemption is requested because it would severely hamper the time the UAS is 

allowed to fly due 91.151 stating that the aircraft must be able to fly 20 minutes past its 

intended point of landing. This rule would not be practical to ASM based on our 

intended operations. Furthermore, we seek the exemption because all flight missions 

with our UAS will require a Forward Observer (FO). The FO and PIC will maintain a 

line of sight with the UAS while it is airborne at all times. Also, both UAS are equipped 

with the technology to “Return to home.” This allows the UAS to return on its own to 

the point of takeoff should the battery level get too low or should the UAS lose contact 

with the ground station. 

5.) Extent of relief ASM seeks and the reason ASM seeks relief from section 91.405 

(a), 91.407(a)1, 91.409(a1,a2), and 91.417(a)(b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, ASM requests relief from these 

Sections because the DJI Phantom 2 and 3 UAS do not require airworthiness certificates. 

As set forth more fully below, the DJI Phantom 2 and 3 UAS meet the conditions of 

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, ASM 

will use trained technicians to perform maintenance, alterations, and preventative 

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

UAS operating documents (i.e., ASM operating procedure manual, DJI Phantom 2 and 3 

manuals, FAA recommendations and regulations, etc.). Furthermore, ASM will

document and maintain all maintenance records for the DJI Phantom 2 and 3 UAS. 

Flight logs will be maintained and any recommendations concerning the replacement of 

parts due to usage will be adhered to.

 

D.) The reasons why granting ASM’s request would be in the public interest; How 

it would benefit the public as a whole:

Granting ASM the exemption request would benefit the public in several ways. The 

National Airspace (NAS) would be less congested as the UAS is able to operate at much 

lower altitudes than manned aircraft. This will decrease the number of manned flights 

that can complete the same or similar tasks. During operation, the UAS will not enter 

any controlled airspace. The UAS can therefore stay out of the flight path of all manned 

aircraft and will not interfere with any ATC communications between ATC and other 

pilots. 
The public will also benefit from this exemption as it relates to safety. The proposed 

UAS to be utilized by ASM are lightweight. Both systems weigh less than 3 pounds. If 

the UAS were to fail in flight, the risk to persons and property on the ground are 

substantially lower than that of a much larger manned aircraft. With the use of a Forward 

Observer, along with the requirement that the PIC and FO will maintain visual line of 

sight, and the fact that the UAS will not fly directly overhead of persons not directly

involved with the flight, the proposed operations of these small UAS are very safe. As an 

added safety measure, the Phantom 2 and 3 UAS are both equipped with technology that 

would guide the UAS back to the area of takeoff in the event that the battery was 

critically low or the UAS communication with the ground station was interrupted. 

Allowing this exemption would also help to stimulate the economy of the community. 

Operation of the UAS for ASM is crucial to our business model. The services provided 

by us can benefit other companies financially if they are allowed to use them. UAS for 

commercial purposes is an emerging market and could potentially create a high demand 

for jobs in the industry. 

The low level of noise created and the lack of pollution created by the UAS will also 

benefit the public. The UAS will be able to comply with local, state, and federal 

regulations as it pertains to noise and pollution based on the small size and design of the 

UAS. 

E. The reasons why granting the exemption would not adversely affect safety, or

how the exemption would provide a level of safety at least equal to that provided by 

the rule from which ASM seeks exemption. 

The level of safety for all requested exemptions can be upheld or increased while 

conducting UAS operations. The size, speed, technology, and maneuverability make the 

UAS listed in this exemption request remarkably safe. The private pilot ASM owners 

will incorporate their knowledge and experience into all operations conduced by ASM. 

Along with the skill and experience of the PICs, the design of the proposed UAS, and the 

operating documents, UAS flight operations under these exemptions allow for operations 

that are as safe as or safer than the current rules because the current rules were not 

tailored to UAS operations when they were created. The suggestions, regulations, and 

guidance from the FAA will allow for a safer operation under this exemption. 

Additionally, ASM will monitor local Unicom frequencies when conducting any 

operations, increasing situational awareness by listening to manned aircraft that may be 

operating in the area. 

1. Reasons why the DJI Phantom 2 and 3 UAS meet the conditions of the FAA 

FMRA Section 333.
In consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, ASM’s operation of the DJI Phantom 2 and 3 UAS 

meet the conditions of FMRA Section 333, and will not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides 

authority for a UAS to operate without airworthiness certification and sets

forth requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA 

Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of 

this Act or the guidance required by section 334 of this Act.15

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size,

weight, speed, operational capability, proximity to airports and populated

areas, and operation within visual line of sight do not create a hazard to users

of the national airspace system or the public or pose a threat to national

security; and (2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems identified

under paragraph (1). (c) Requirements for Safe Operation.--If the Secretary determines 

under this section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the national airspace system.

In seeking this exemption, ASM submits that the DJI Phantom 2 and 3 UAS can operate 

safely in the NAS pursuant to FMRA Section 333, as demonstrated by:

(a) the characteristics of the DJI Phantom 2 and 3 UAS; (b) the pilot certification 

requirement; and (c) the specific operating limitations.

a. The specifications of the DJI Phantom 2 and 3 UAS demonstrate its safe 

characteristics. 

The DJI Phantom 2 and 3 UAS does not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, 

and operational capability.

i. Technical specifications of the DJI Phantom 2 and 3 UAS.

The technical specifications of the DJI Phantom 2 and 3 UAS are set forth by the DJI 

Phantom 2 and 3 User Manuals, attached to this request.

ii. The DJI Phantom 2 and 3 UAS global positioning mode enable UAS to remain 

within a defined operational area.
The DJI Phantom 2 and 3 UAS may be operated in both manual and global positioning 

flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom 2 and 3 UAS is provided in the DJI Phantom 2 and 3 User Manuals attached.

iii. The DJI Phantom 2 and 3 UAS are designed for automatic return to home point 

or hover in the event of loss of the control link or navigation.

When the Control Link is lost, the DJI Phantom 2 and 3 UAS will remain stationary, in 

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 or 3 UAS does not 

reacquire control link data from the GCS, the UAS will assume that the Control Link is 

lost and the will return to the home position (i.e., failsafe mode) via GPS, and will 

descend to the takeoff position and shutdown. 

iv. The DJI Phantom 2 and 3 GCS and its operation.

A complete description of the operation and specifications of the DJI Phantom 2 and 3 

GCS and flight control software is provided in the respective user manuals.

b. Flight operations of DJI Phantom 2 and 3 UAS is limited to the line of sight of a

certificated pilot in command with a Forward Observer.

ASM employees will be the only persons to act as a pilot in command (PIC) of the DJI 

Phantom 2 and 3 UAS. Additionally, a Forward Observer will assist him or her at all 

times during flight time.

c. Flights Of DJI Phantom 2 and 3 UAS will be conducted pursuant to specific 

operating limitations.

In seeking this exemption, ASM proposes to commercially operate DJI

Phantom 2 and 3 UAS for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific 

operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UAS weighing less than 55

pounds maximum gross weight: DJI Phantom 2 and 3 Unmanned Aircraft Systems.

Proposed operations of any other aircraft will require a new petition or a petition to

amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for

the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL), as indicated by the procedures specified in the operating documents unless a

special request is made and approved by ATC. All altitudes reported to ATC must be
in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the 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.

6. The use of first person view (FPV) by the PIC or Forward Observer (FO) is not

permitted.

7. All operations must utilize a Forward Observer. The FO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The FO

and PIC must be able to communicate verbally at all times. Electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before

the flight and cannot transfer his or her designation for the duration of the flight. The

PIC must ensure that the FO can perform the functions prescribed in the operating

documents.

8. The FO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate the camera or other instruments.

9. The operating documents and the 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 contained in the grant of

exemption and the procedures outlined in the operating documents, the conditions and

limitations contained in the grant of exemption 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 it petitions for extension or amendment to the grant of

exemption. If the operator determines that any update or revision would affect the

basis upon which the FAA granted the 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.

10. Prior to each flight the PIC must inspect the UAS to ensure that 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.

11. Any UAS that has undergone 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.

12. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the

aircraft records, including total time in service, description of work accomplished,

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

15. Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances

from persons, vessels, vehicles and structures. PIC qualification flight hours must be

logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of

training the operator’s PICs are permitted under the terms of the exemption.

However, training operations may only be conducted during dedicated training

sessions. During training, proficiency, and experience-building flights, all persons not

essential for flight operations are considered non-participants, and the PIC must

operate the UA with appropriate distance from non-participants in accordance with 14

C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1.

All operations must be conducted under visual meteorological conditions (VMC). If

flight at night is required, a special request will be made at the FAA office closest to

proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point 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 as required by the operator’s COA. The letter of

agreement with the airport management must be made available to the Administrator

upon request.

21. 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.

22. 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.

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

in accordance with the operating documents.

24. 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 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the grant of

exemption. 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 the

operation. All operations shall be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential

transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must

be as large as practicable. 27. 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.

28. The documents required fewer than 14 C.F.R. 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.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, FO, operator trainees or essential persons),
vessels, vehicles, and structures unless:

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. 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, FO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

32. 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.

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

boundaries of the operational area 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 (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov. 

 

A summary that can be published in the Federal Register, stating: The

rules from which ASM seeks exemption:

AeroSolutions Midwest, represented by Co-Owner and private pilot Shawn Didde, seeks 

exemption from the requirements of 14 C.F.R

Sections 61.113(a), 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).

A brief description of the nature of the exemption ASM seeks:

This exemption will permit ASM to commercially operate an Unmanned Aircraft System 

(UAS) for the purpose of conducting aerial video and

Photography functions over certain areas of the United States.
Conclusion

ASM seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the 

DJI Phantom 2 and 3 UAS commercially, without an airworthiness certificate, for the 

limited purpose of conducting aerial video and photography over certain areas

of the United States. By granting this Petition, the FAA Administrator will be fulfilling 

the Congressional mandate of the FAA Modernization and Reform Act of 2012, while 

also advancing the interests of the public, by allowing ASM to safely, efficiently, and 

economically operate the DJI Phantom 2 and 3 UAS commercially within the NAS.

In accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of 2012, Section 333, ASM respectfully requests that the Administrator 

grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.113(a), 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), along with any other requirements the Administrator deems necessary

for operation of UAS and permit ASM to operate the DJI Phantom 2 and 3 UAS 

commercially for the purpose of conducting aerial video and photography related 

functions over certain areas of the United States.

Respectfully Submitted,

Shawn Didde

Co-Owner-AeroSolutions Midwest

1016 SW Southgate Drive

Blue Springs, MO 64015

(816)522-6072

didde@aerosolutionsmidwest.com

User manuals and all other supporting documents for the DJI Phantom 2 + and the DJI 

Phantom 3 Advanced systems can be found online at http://www.dji.com