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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AUV, LLC. DBA AUV FLIGHT SERVICES

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS:

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)

CONCERNING COMMERCIAL OPERATION OF:

DJI INSPIRE 1

FREEFLY ALTA

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on February 22, 2016

AUV, LLC. DBA AUV FLIGHT SERVICES

MICHAEL INTSCHERT

2175 E Valencia Rd. Suite 105

Tucson, Arizona 85706

Tel: (281) 414-0280
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TABLE OF CONTENTS

Page

APPENDICES .................................................................................................................................3

GLOSSARY OF ABBREVIATIONS .............................................................................................4

BACKGROUND INFORMATION ................................................................................................5

AIRCRAFT MODELS INCLUDED IN THIS PETITION.............................................................5

REGULATORY BASIS FOR PETITION ......................................................................................6

A. NAME & ADDRESS OF PETITIONER ............................................................................7

B. THE SPECIFIC SECTIONS OF 14 C.F.R. 

FROM WHICH AUV, LLC. SEEKS EXEMPTION..........................................................8

C. THE EXTENT OF RELIEF AUV, LLC. 

SEEKS & THE REASON AUV, LLC. SEEKS RELIEF .................................................12

D. THE REASONS WHY GRANTING AUV, LLC.’S 

REQUEST WOULD BE IN THE PUBLIC INTEREST ..................................................14

E. THE REASONS WHY GRANTING THE EXEMPTION 

WOULD NOT ADVERSELY AFFECT SAFETY...........................................................16

F. SUMMARY THAT CAN BE 

PUBLISHED IN THE FEDERAL REGISTER ................................................................27

G. ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT AUV, LLC.’S REQUEST.................................................27

CONCLUSION..............................................................................................................................28
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APPENDICES

AUV UAS STANDARD OPERATING PROCEDURES ..................................APPENDIX A
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

C2 Command and Control

C.F.R. Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

SOP Standard Operating Procedures 

sUAS Small Unmanned Aircraft System

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VO Visual Observer 

VTOL Vertical Takeoff and Landing
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BACKGROUND INFORMATION

AUV, LLC., also known as AUV Flight Services, (hereafter referred to as “AUV”) is in the 

business of consultation and pilot contracting, both for manned and unmanned aircraft operations

and has good record of doing so for the previous five years. 

AUV seeks an exemption to operate the DJI Inspire 1 and FreeFly ALTA, for compensation or 

hire within the National Airspace System (“NAS”). The proposed aircraft are vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with transportable Ground Control Stations (GCS). 

Regulatory exemptions laid out in this petition would allow AUV to provide closed-set filming 

production services for the motion picture, television, and web industry, utilizing UA, for private 

and commercial interests in the United States.

The sUAS to be operated will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 

C.F.R. Part 45, Identification and Registration Marking.

AIRCRAFT MODELS INCLUDED IN THIS PETITION

AUV seeks to commercially operate the DJI Inspire 1 and FreeFle ALTA when weighing less 

than 55 pounds including payload in the United States for the purpose of closed-set film 

production. As the operator of these aircraft, AUV is committed to the following conditions and 

limitations on its operations. AUV understands that failure to comply will be grounds for 

immediate suspension or rescission of any exemption granted.
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REGULATORY BASIS FOR PETITION

Pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA 

Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned 

Aircraft Systems, AUV hereby petitions the Administrator to operate sUAS in the NAS, and for 

an exemption from the 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).

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, AUV’s operation of the listed sUAS meets the conditions of 

Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 

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

Accordingly, AUV requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to 

aircraft with an airworthiness certificate.

AUV submits that the requested relief is proper since an equivalent level of safety will be 

ensured. AUV will perform maintenance, alterations, or preventive maintenance on the UA as 

prescribed by the manufacturers’ maintenance documentation where applicable, or by returning 

the aircraft to its manufacturer when operator maintenance is not recommended. Furthermore, 

AUV will document and maintain all maintenance records for the aircraft used in the requested 

operations, utilizing an internal digital logbook system.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges 

and limitations: Pilot in command, is requested by AUV to the extent necessary to allow a Pilot 

in Command (PIC) holding a private pilot certificate and a third-class airman medical certificate, 

and who has completed the OEM training and currency requirements, to conduct the proposed 

UAS operations, or to supervise and train students in OEM certification courses. AUV submits 

that the conditions and limitations set forth herein will ensure the safety of the NAS, as well as 

the safety of persons or property on the ground.
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AUV seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the selected 

sUAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. As such, AUV submits that it will ensure that the unmanned aircraft are in an airworthy

condition prior to every flight, by determining that the UAS are in compliance with the 

applicable UAS Operator and Maintenance Manuals, and that the UA are in condition for safe 

flight.

AUV also seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

Settings, as the proposed UAS are equipped with a barometer and Global Positioning System 

(GPS) equipment, which ensures that a ground level pressure setting will be established prior to 

each flight. The UA barometer and GPS equipment ensure safety by providing the PIC with 

adequate information concerning altitude of the UA, above ground level (AGL), as shown on the 

heads-up display of the GCS.

Additionally, AUV seeks an exemption from the requirements of Section 91.151(b), Fuel 

requirements for flight in VFR conditions. AUV submits that safety will not be affected because 

flights will be terminated at or before unsafe battery or fuel levels which are recommended by

the OEM for safe operation.

In accordance with 14 C.F.R. § 11.81, AUV provides the following information in support of its 

petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

AUV, LLC. DBA AUV Flight Services

2175 E Valencia Rd. Suite 105

Tucson, Arizona 85706

The point of contact for this Petition and specific contact information is as follows:

Michael Intschert, Vice President

AUV, LLC. DBA AUV Flight Services

2175 E Valencia Rd. Suite 105

Tucson, Arizona 85706

Phone: (281) 414-0280

Email: Michael.Intschert@AUVOps.com
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B. The Specific Sections of 14 C.F.R. From Which AUV Seeks Exemption.

1. AUV Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

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

subsections (a) and (b) prescribe the following, in 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.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if—

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

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

2. AUV 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. AUV Seeks Exemption From The Requirements Of Section 91.121.

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

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;
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(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. AUV Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, 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. AUV Seeks Exemption From The Requirement 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. AUV 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[.]
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7. AUV Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 

91.409(a)(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. AUV 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.
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(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.
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(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 AUV Seeks And The Reason AUV Seeks The Relief.

1. Extent of Relief AUV Seeks And The Reason AUV Seeks Relief From Section 

61.113(a) And (b).

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

in command, is requested to the extent necessary to allow a Pilot in Command (PIC) holding 

at least a sport pilot certificate and a third-class airman medical certificate, and who has 

completed the OEM training and currency requirements, to conduct the proposed UAS 

operations.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

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

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

As set forth more fully below, AUV submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate a UAS unless that PIC has 

demonstrated, through the OEM training and currency requirements, that the PIC is able to 

safely operate the aircraft in a manner consistent with the operations specifications as 

described in this exemption, including evasive and emergency maneuvers, as well as 

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

Further, AUV submits that all flights of the UAS, conducted by the PIC pursuant to the grant 

of this Petition (1) will be incidental to AUV’s business; and (2) will not carry passengers or 

property for compensation or hire.

2. Extent of Relief AUV Seeks And The Reason AUV Seeks Relief From Section 91.7(a).
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Relief from Section 91.7(a), entitled Civil aircraft airworthiness, is requested to the extent 

required to allow AUV to determine that the operations UAS is in an airworthy condition 

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

and maintenance manuals, and that the UA is in condition for safe flight. 

AUV seeks the requested relief because the proposed sUAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, AUV will ensure that 

the sUAS is in an airworthy condition based upon its compliance with the operating 

documents prior to every flight, and as stated in the conditions and limitations below.

3. Extent of Relief AUV Seeks And The Reason AUV Seeks Relief From Section 91.121.

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

operations of the proposed UAS, which utilize barometer and GPS equipment, to ensure that 

a ground level pressure setting will be established prior to each flight, and in order to report 

altitude to the PIC. AUV seeks the requested relief because the proposed UAS do not utilize 

a typical barometric altimeter that may be set as contemplated by Section 91.121. As more 

fully set forth below, an equivalent level of safety will be maintained since the sUAS are 

equipped with a barometer and GPS equipment, which will ensure that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with altitude 

information of the UA, above ground level (AGL), on the heads-up display of the ground 

control station (GCS).

4. Extent Of Relief AUV Seeks And The Reason AUV Seeks Relief From Section 

91.151(b).

Relief from Section 91.151(b), entitled Fuel Requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered UA, during daylight 

hours in visual meteorological conditions under visual flight rules (VFR), to continue for a 

total duration not greater than that recommended by the manufacturer for safe operation. 

AUV seeks the requested relief, because without an exemption from Section 91.151(b), the 

flight time duration of the battery powered UA will severely constrain the practicality of any 

closed-set film production operations which AUV proposes to conduct pursuant to this 

Petition.
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5. Extent Of Relief AUV Seeks And The Reason AUV Seeks Relief From Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 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, AUV requests relief from these Sections 

because the UAS do not require an airworthiness certificate. As set forth more fully below, 

the selected UAS meet the conditions of Section 333 of the FMRA for operation without an 

airworthiness certificate. Accordingly, AUV will perform maintenance, alterations, or 

preventive maintenance on the UAS as prescribed by the manufacturers’ maintenance 

documentation where applicable, or by returning the aircraft to its manufacturer when 

operator maintenance is not recommended. Furthermore, AUV will use internal digital 

logbooks, to document and maintain all maintenance records for the aircraft used. 

D. Reasons Why Granting AUV’s Request Would Be In The Public Interest; That Is, How 

It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing AUV, a company with 5 

years’ experience in the UAS industry, to safely, efficiently, and economically perform closedset film production services. Additionally, our services will aid in increasing safety and proper 

operating procedures for these aircraft both in commercial and private markets to reduce risk and 

potential accidents. Notably, the benefits of AUV’s proposed operations of the listed sUAS will 

be realized without implicating any privacy issues.

1. The Public Will Benefit From The Closed-Set Film Production.

AUV’s closed-set film production program will provide safe, efficient, and economical 

services for the public. The exemption process under FMRA section 333 allows the FAA to 

hand pick the safest operators to spearhead the UAS service market in the United States, 

which increases the safety for the public as a whole. This petition and its supporting 

documents prove AUV to be exactly the type of operator the FAA should wish to proliferate 

based on its dual mandate to increase safety and economic prosperity. AUV has empirically 

proven itself to be safer than many other UAS operators, and sUAS in general pose a much 

smaller risk to the public than manned, combustion engine aircraft generally used for closedset film production. To utilize an analogy from microeconomics, granting this petition will 
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increase the supply of safe, lawful closed-set film production operators in the United States, 

which will drive down the demand for and use of less safe manned aircraft operators or 

illegal UAS operators. 

Closed-set film production which uses UA is inherently cheaper than operations which rely 

on manned aircraft, meaning that AUV will be able to provide the same services to the 

general public at a tremendous discount. This will create an economic benefit for the public, 

in addition to the safety benefit. 

2. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Inspire 1 and FreeFly ALTA serve as a safe, efficient, and economical alternative to 

the manned aircraft traditionally utilized in many commercial industries. By reducing the 

amount of manned aircraft needed, an exemption allowing the use of these aircraft would 

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as 

increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. These aircraft do 

not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting 

commercial operations would result in fewer aircraft that must be handled by air traffic 

control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

3. The Public Will Benefit From The Safety And Efficiency Of These Aircraft.

Conducting commercial operations with the DJI Inspire 1 and FreeFly ALTA, instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and 

noise pollution generated during traditional commercial aviation operations. These aircraft 

produce little to no air pollution, and are the most viable environmentally conscious 

alternative to cabin class, internal combustion aircraft that are typically utilized in 

commercial operations. sUAS also reduce noise pollution, as the smaller motors produce far 

less noise.
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By using these aircraft to perform commercial aerial operations, the substantial risk to life 

and property in the air and on the ground, which is usually associated with traditional 

manned aircraft flight operations, will be substantially reduced or completely eliminated. 

Aside from the lack of flight crew members located onboard the aircraft, these aircraft all 

weigh less than 55 pounds at their maximum gross weight, and therefore have less physical 

potential for collateral damage to life and property on the ground, and in the air, compared to

typical manned aircraft.

4. There Are No Privacy Issues.

Similar to manned commercial operations that have been conducted for decades, AUV’s 

proposed operations will not implicate any privacy issues. Specifically, these aircraft will be 

operated only in approved areas and in accordance with all Federal Aviation Regulations, 

including the minimum altitude requirements of 14 C.F.R. 91.119. Most significantly, these 

aircraft will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, 

which is not directly involved in the operations. Privacy and safety of any persons in the 

vicinity of operations is of great importance to AUV and AUV will comply with all local, 

state and federal laws applicable to the safety and privacy of people in the vicinity of sUAS 

operations. Unless required to safely return the aircraft in an emergency situation, aircraft 

visual sensors will not focus on anything but approved assets, and if any images or video of 

non-approved assets is accidentally captured, the data will be immediately erased from the 

UAS camera, sensors, ground stations etc. at the local landing site, unless deemed useful in 

the event of an accident investigation.

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 AUV Seeks Exemption.

1. Reasons Why The sUAS Meet The Conditions Of The FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333.
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In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and their operation, AUV’s operations of these sUAS 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.

(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.
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In seeking this exemption, AUV submits that the included sUAS can operate safely in the 

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of these 

sUAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

2. Flight Operations Of The sUAS Are Limited To The Line Of Sight Of A Certificated 

Pilot in Command With A Safety Observer.

AUV will only utilize instructor pilots who meet the following criteria:

 Possess a valid third class or better FAA airman medical certificate

 Possess and meet currency requirements for at least a sport pilot certificate

 Successful completion of AUV’s Multirotor Course

AUV will only utilize visual observers who have achieved a passing grade on the FAA 

Private Pilot written exam within the past 24 calendar months. Students must possess a valid 

third class or better FAA airman medical certificate before training begins. Training records, 

flight time totals, and applicable flight currency records will all be maintained by AUV.

3. Flights Of The sUAS Will Be Conducted Pursuant To Specific Operating 

Limitations.

In seeking this exemption, AUV proposes to commercially operate the specified UAS for the 

special purpose of conducting closed-set film production over areas of the United States, 

pursuant to the following specific operating limitations:

1) Operations authorized by the grant of exemption will be limited to the DJI Inspire 1 and 

FreeFly ALTA, which are unmanned aircraft weighing less than 55 pounds maximum 

gross weight. Proposed operations of any other aircraft will require a new petition or a 

petition to amend the grant.

2) These UA may not be flown at an indicated airspeed exceeding 87 Knots (100 miles per 

hour).

3) These UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). All altitudes reported to ATC must be in feet and use standard phraseology. 

4) These 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
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device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical 

certificate.

5) All operations must utilize a Visual Observer (VO). The VO may be used to satisfy the

VLOS requirement, as long as the PIC always maintains VLOS capability. The VO and 

PIC must be able to communicate verbally at all times. 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 VO can perform the functions prescribed in the operating 

documents.

6) The operating documents and the grant of exemption 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 operating 

documents, the conditions and limitations 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.

7) 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 

UA 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 Stations must 

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

documented in the aircraft records via internal digital logbooks.

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics (e.g. replacement of a flight critical component), must undergo a 
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functional test flight. The PIC who conducts the functional test flight must make an entry 

in the proper UA record of the flight on an internal digital logbook system.

9) In addition to the pre-flight inspection section in the operating documents, the preflight 

inspection must also account for all discrepancies, i.e. inoperable components, items, or 

equipment, not already covered in the relevant sections of the operating documents.

10) The operator must follow the aircraft specific manufacturer’s UAS aircraft/component, 

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

11) 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 logbook, including total flight hours, description 

of work accomplished, and the signature of the authorized maintenance personnel or PIC 

returning the UAS to service.

12) The operator’s authorized maintenance personnel or PIC must make a record entry in the 

UAS logbook or equivalent document of the corrective action taken against discrepancies 

discovered between inspections.

13) The operator’s authorized maintenance personnel, PIC, and VO must receive and 

document training referenced in the operating documents.

14) The UAS operated under the exemption must comply with all manufacturer System and 

Safety Bulletins.

15) The PIC must possess at least a FAA-issued sport pilot certificate and a valid FAA-issued 

third class airman medical certificate. The PIC must also meet the flight review 

requirements specified in 14 C.F.R. 61.56 in an aircraft in which the PIC is rated on his 

or her pilot certificate.

16) Prior to operating for hire, the PIC, and VO must have successfully completed AUV’s 

training syllabus as outlined in the operating documents. A record of training must be 

documented and made available upon request by the Administrator. Training, 

proficiency, and experience-building flights for the purpose of training pilots and VOs to 

conduct flights authorized by the exemption are permitted under the terms of the 

exemption.
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17) 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.

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

19) 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. 

AUV’s operations will either be covered by a “blanket” COA for operations in areas 

under 200 feet AGL, or an operation-specific COA as necessary. 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. For operations in support of 

first responders, law enforcement, search and rescue, or accident investigations, AUV or 

its customers will obtain an emergency COA prior to flight.

20) The UA 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 (N-Number) 

markings in accordance with 14 C.F.R Part 45, Subpart C.

21) Before conducting flight 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.

22) The documents required under 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 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 aircraft operations and 

activities at all times.

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

25) All operations must be conducted under visual meteorological conditions (VMC). 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.
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26) During operations in the National Airspace System, the UA may not operate within the 

areas listed below 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.

 5 nautical miles (NM) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or

 2 NM from an airport without a published instrument flight procedure or an 

operational tower; or

 2 NM from a heliport with a published instrument flight procedure

27) The UA may not be operated over congested or densely populated areas. These areas 

include, but are not limited, to the yellow areas depicted on World Aeronautical Charts 

(WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). 

However, aeronautical charts may not reflect pertinent local information. Ultimately, it is 

the PIC’s responsibility to maintain the minimum safe altitudes required by 14 C.F.R. § 

91.119.

28) Operation of the UA must be conducted at least 500 feet from all persons, vessels, 

vehicles, and structures not directly involved in the operation.

29) Operations of the UA may be conducted at distances less than 500 feet from participating 

persons, vessels, vehicles or structures that perform an essential function in connection 

with the special purpose operations. Operations closer than 500 feet from the PIC, VO, 

operator trainees and essential persons, are permitted when operationally necessary; but 

never so close as to present an undue hazard, per 14 C.F.R. § 91.119(a).

30) Operations of the UA may be conducted at distances less than 500 feet from unoccupied 

vessels, vehicles or structures owned by the land owner/controller when the land 

owner/controller grants such permission and the PIC makes a safety assessment of the 

risk from operations closer to these objects.
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31) All operations shall be conducted 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.

32) 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 meeting the 

requirements of 49 C.F.R. Part 830 must be reported to the National Transportation 

Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

4. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety.

AUV submits that an equivalent level of safety established by Section 61.113(a) and (b) will 

be maintained because no PIC will be allowed to operate the UAS unless that PIC has 

demonstrated, through the proper UAS training and currency requirements, that the PIC is 

able to safely operate the UAS in a manner consistent with this exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

Considering AUV’s proposed area of operations and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the UAS, AUV submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship skills 

necessary for AUV’s specific proposed flight operations.

Additionally, the FAA has previously granted relief from Section 61.113(a) and (b) specific 

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138).

As in Exemption No. 11109, AUV will not allow any PIC to operate the UAS unless that PIC 

has demonstrated through the UAS training and currency requirements that the PIC is able to 

safely operate the UAS in a manner consistent with this exemption, including evasive and 
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emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures.

5. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety.

The level of safety established by Section 91.7(a) will be maintained because prior to every

flight, AUV will ensure that the UAS is in an airworthy condition and safe for flight based 

upon the UAS’s compliance with its operating documents and as stated in the conditions and 

limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a), specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138).

6. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the 

UAS is equipped with a digitally encoded barometric altimeter and GPS triangulation 

equipment, with a zero altitude initiation point being established prior to each flight. As such, 

the PIC on the UAS is provided the altitude of the UA above ground level (AGL) via a 

heads-up display of the ground control station (GCS). The FAA has previously granted relief 

from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11112, 11136, 11138).

7. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would 

Not Adversely Affect Safety.

A grant of this exemption would ensure the equivalent level of safety established by 14 

C.F.R. Section 91.151(b) because the operator will always have detailed information on the 

charge and state of the battery, and preset battery failsafe’s will prevent any loss of flight 

control due to power loss. Furthermore, previous exemptions granted by the FAA concerning 

Section 91.151(b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of a UAS are considered.
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Likewise, as set forth above, AUV has proposed specific operating limitations in this Petition 

that will maintain the equivalent level of safety established by Section 91.151(b), including 

the following: (1) the UA will only be operated during daylight hours (i.e. between the end of 

morning civil twilight and the beginning of evening civil twilight, as published in the 

American Air Almanac, converted to local time); (2) The UA will only be operated pursuant 

to visual flight rules (VFR) in visual meteorological conditions (VMC); and (3) the duration 

of each flight shall not exceed the maximum time or battery charge level recommended by

the manufacturer for safe operations.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish 

that safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate 

at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 

5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151, 

specific to UAS in circumstances similar, in all material respects, to those presented herein 

(e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11136, 11138).

8. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect 

Safety.

In seeking this exemption, AUV submits that an equivalent level of safety with regard to the 

regulatory maintenance and alteration requirements established by Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because AUV and the 

manufacturers of each aircraft, will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the unmanned aircraft system using the methods, 

techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore, 

AUV will document and maintain all maintenance records for each of the individual aircraft.

Since each UAS will be inspected as prescribed by the manufacturer’s maintenance manual, 

AUV will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). The Aircraft Maintenance Manuals set forth Scheduled 
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Maintenance Inspection Procedures for each system and component. Inspection intervals for 

the aircraft include preflight and postflight inspections, as well as scheduled inspections 

every 25 hours, 50 hours, 75 hours, and 100 hours of operation.

Likewise, the exemption sought will not adversely affect safety because AUV will perform 

maintenance, alterations or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed by the manufacturer’s maintenance manuals for each 

respective aircraft. 

Furthermore, the exemption sought would maintain an equivalent level of safety established 

by Sections 91.407, 91.417(a) and 91.417(b) because all maintenance of the aircraft will be 

performed by manufacturer approved technicians, who will document and maintain 

maintenance records for the UAS. A Maintenance Action Form must be completed and 

saved in the maintenance logs for all maintenance that is performed on the UAS. The 

procedures for maintaining the maintenance logs for the UAS are fully set forth in the AUV

Operations Manual, Appendix B.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of a UAS are 

considered. The FAA has previously granted relief specific to UAS in circumstances similar, 

in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

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

and 14 C.F.R. § 21.16 entitled Special Conditions, AUV requests that the FAA prescribe 

special conditions for the intended operation of each UAS, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to 

that established by 14 C.F.R. Part 21, Subpart H, and 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). Such 

special conditions will permit safe operation of the UA for the limited purpose of closed-set 
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film production over areas of the United States. FMRA Section 333 sets forth the 

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; and further, provides the authority for 

such UAS to operate without airworthiness certification in accordance with any requirements 

that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, 

for operation of each UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

contain adequate or appropriate safety standards, due to the novel or unusual design features 

of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, 

he prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for AUV’s intended operation of the sUAS, which contain such 

safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 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).

F. A Summary That Can Be Published In The Federal Register, Stating:

The Rules From Which AUV Seeks Exemption:
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AUV, 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).

A Brief Description Of The Nature Of The Exemption AUV Seeks:

This exemption will permit AUV, LLC. to commercially operate Unmanned Aircraft

Systems for the purpose of conducting closed-set film production over areas of the United 

States.

G. Any Additional Information, Views, Or Arguments Available To Support AUV’s 

Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safely in the NAS. As such, AUV’s request for exemption may be granted pursuant to 

the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the 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, and 

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, AUV will operate the specified UAS safely in the NAS without 

creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national 

security.

CONCLUSION

As set forth herein, AUV 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 the listed sUAS (Appendix A) commercially, without an airworthiness certificate, for the 

limited purpose of conducting closed-set film production within the stated operational guidelines. 

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 
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public, by allowing AUV to safely, efficiently, and economically operate these UAS 

commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

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

Administrator grant this Petition for an 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), and permit AUV to operate the specified UAS for the purpose of conducting 

closed-set film production over areas of the United States.

Dated: February 23, 2016

Respectfully submitted,

AUV, LLC. DBA AUV FLIGHT SERVICES

MICHAEL INTSCHERT

2175 E Valencia Rd. Suite 105

Tucson, Arizona 85706

Tel: (281) 414-0280

Michael.Intschert@AUVOps.com