Petition of FT Aerial Services, LLC 

for Exemption Pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

FT Aerial Services, LLC is hereby requesting an exemption from the listed Federal Aviation 

Regulations to operate a small Unmanned Aircraft System for the purpose of recording 

photography and videography for compensation or hire. 

This exemption would permit commercial operation by FT Aerial Services, LLC, using a DJI 

Inspire One Pro UAS in order to provide the following services: 

• real estate advertising

• land surveying

• agricultural surveying 

• commercial advertisement

• personal event photography and videography 

• commercial event photography and videography 

• industrial inspections

FT Aerial Services, LLC’s operation under the exemption will be subject to strict operating 

requirements and conditions to ensure an equivalent level of safety to currently authorized 

operations using manned aircraft and under conditions as may be modified by the FAA as 

required by Section 333. 

FT Aerial Services, LLC respectfully submits this request for an exemption due to its use of 

sUASs/UASs. Approval of this exemption would enhance safety and fulfill the Secretary of 

Transportation’s responsibilities under Section 333(c) of the Reform Act to “establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” 

FT Aerial Services, LLC has organized this exemption request as follows: 

I. Petitioner’s Description 

II. Relevant Statutory Authority 

III. Qualifications for Approval Under Section 333 of the Reform Act 

IV. Description of Proposed Operations 

V. Regulations from which Exemption is Requested 

VI. Public Interest 

VII. Privacy 

VIII. Federal Registry Summary 

IX. Conclusion 

I. Petitioner’s Description 

FT Aerial Services, LLC, headquartered in Longview, TX, is a company that provides aerial 

drone footage for consumers and businesses alike. The services we provide include but are 

not limited to: 

• real estate advertising

• land surveying

• commercial advertisement

• personal event photography and videography 
• commercial event photography and videography 

• industrial inspections 

FT Aerial Services, LLC’s goal is to operate in an accident-free environment while serving our 

community. 

FT Aerial Services, LLC is owned/operated by two managing members with over 10 years of 

combined UAS/UAV/Drone experience: 

Troy Moore 

3637 US Highway 259 N 

Apt 206 

Longview, TX 75605 

(903) 746-1559 

troy@ftaerialservices.com 

Julio Velasco 

605 Old Highway 26 

Kilgore, TX 75662 

(806) 220-6793 

julio@ftaerialservices.com 

II. Relevant Statutory Authority 

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

through (c) of the Reform Act. Congress has directed the FAA “to safely accelerate the 

integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned 

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

formal UAS legislation, based on the following considerations: 

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

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

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

If the Secretary determines that such vehicles “may operate safely in the National Airspace 

System, the Secretary shall establish requirements for the safe operation of such aircraft in 

the National Airspace System.” 

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards, and has done so on numerous occasions, when the 

Administrator decides a requested exemption is in the public interest. A party requesting an 

exemption must explain the reasons why the exemption: (1) would benefit the public as a 

whole, and (2) would not adversely affect safety (or how it would provide a level of safety at 

least equal to the existing rules). 

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

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

under 40101 of the Act, from the requirement that all civil aircraft must have a current 

airworthiness certificate and those regulations requiring commercial pilots to operate aircraft 

in commercial service: 

The Administrator may grant an exemption from a requirement of a 

regulation prescribed under subsection (a) or (b) of this section or 

any of sections. 
III. Qualifications for Approval Under Section 333 of the Reform Act 

The proposed operations in this petition for exemption qualify for expedited approval under 

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied. 

The proposed operations would permit FT Aerial Services, LLC the use of small unmanned 

aircraft systems under controlled conditions in airspace that is: (1) predetermined; (2) access 

controlled; (3) enhanced with an increased level of safety beyond that existing when fixed or 

rotor wing aircraft are used to accomplish the same purpose. 

FT Aerial Services, LLC uses a UAS (DJI Inspire One Pro) that is multi-rotor, weighing less than 

55 pounds, including payload. Under normal conditions, it operates at speeds less than 50 

mph and has the capability to fly, hover, and move in the vertical and horizontal plane. FT 

Aerial Services, LLC’s UASs will operate in line of sight, during daylight hours, and will only 

operate within a sterile area. FT Aerial Services, LLC will operate at or below 400 feet above 

ground and will file a NOTAM for each flight operated in controlled airspace. All required 

permissions and permits would be obtained from territorial, state, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies prior to operating a UAS. 

Given the small size of the UAS’s involved and the restricted sterile environment within which 

they will operate, FT Aerial Services, LLC’s exemption falls within the zone of safety and 

demonstrates an equivalent level of safety, in which Congress desired the FAA to permit 

commercial UAS operations by exemption pending the completion of formal legislation. Also, 

due to the size of the UASs and the confined area in which they will operate, approval of the 

exemption presents no hazard in the National Airspace System. 

Considering the clear direction in Section 333 of the Reform Act, the authority contained in 

the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the grant of the requested exemptions is also 

in the public interest. 

IV. Description of Proposed Operations 

To assist the FAA in its safety assessment of FT Aerial Services, LLC’s proposed UAS operations, 

below is a summary of operational limitations and conditions that will ensure an equivalent or 

higher level of safety to operations conducted under current regulatory guidelines: 

1. The UAS will weigh less than 55 pounds, 

2. Flights will be operated within line of sight of the PIC and observer. 

3. Maximum total flight time for each operational flight will be limited to the amount of 

time the UAS can be flown and still maintain a reserve battery power of no less than 25%. 

4. Flights will be operated at an altitude of no more than 400 feet above ground. 

5. Minimum crew for each operation will consist of the UAS Pilot in Command and a Visual 

Observer. 

6. Prior to the operations at a particular location, a site inspection will have been 

conducted. 

7. All UAS’s will be maintained in accordance with inspection programs specified in the 

manufacturer’s guidelines. 

8. The PIC and VO will at all times be able to communicate by voice. 

9. The PIC, VO, and any other operational personnel will have been fully trained prior to 

having any operational responsibilities. 

10. All required permissions and permits would be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate governmental 

agencies. 
11. If the UAS loses communication signal, the UAS will have the capability to return to a predetermined location with the sterile area and land. 

12. The UAS PIC has the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

13. FT Aerial Services, LLC, by following FAA, NTSB, and AFS-80 best practices, will assure no 

individuals’ privacy is violated. 

14. Procedures have been established by FT Aerial Services, LLC to contact ATC prior to 

operating in airspace other than G. 

V. Regulations from which Exemption is Requested 

To use a UAS for data collection, FT Aerial Services, LLC requests relief from the following 

sections of Title 14 of the Code of Federal Regulations: 

• §61.101(e)(4) and (5) and §61.113(a) Private Pilot Limitations: Pilot in Command 

 Sections 61.101(e)(4) and (5) and 61.113(a) limits private pilots to non-commercial 

operations. However, because the aircraft will not carry pilots or passengers and is limited in 

the type of operation and the area of operation, a private pilot can achieve the equivalent 

level of safety for the proposed operations as a commercial pilot. First, unlike conventional 

manned aircraft, UASs are remotely controlled by a ground based pilot operator in a 

controlled and restricted area. Second, the aircraft is much smaller than a manned aircraft 

that the level of risk associated with its’ operation is diminished from the level of risk 

associated with commercial operations contemplated by part 61. Therefore, allowing aircraft 

use by a private pilot as the PIC meets or exceeds the present level of safety sought by 14 

CFR 61.101(e)(4)&(5) and 61.113(a). 

• §61.315(a) Sport Pilot Limitations 

 

Section 61.315(a) limits sport pilots to non-commercial operations. However, because 

the aircraft will not carry pilots or passengers and is limited in the type of operation and the 

area of operation, a private pilot can achieve the equivalent level of safety for the proposed 

operations as a commercial pilot. First, unlike conventional manned aircraft, UASs are 

remotely controlled by a ground based pilot operator in a controlled and restricted area. 

Second, the aircraft is much smaller than a manned aircraft that the level of risk associated 

with its’ operation is diminished from the level of risk associated with commercial operations 

contemplated by part 61. Therefore, allowing aircraft use by a private pilot as the PIC meets 

or exceeds the present level of safety sought by 14 CFR 61.315(a). 

• §91.7(a) Civil Aircraft Worthiness 

 Section 91.7(a) requires a civil aircraft to be in an airworthy condition for operation, 

which accordingly includes an airworthiness certificate in accordance with 14 CFR part 21, 

Subpart H. To maintain an equivalent level of safety, the PIC will ensure that the aircraft is in 

compliance with the Operating Manual and the FOPM prior to each flight. Additionally, the 

Pilot will still comply with 91.7(b) and ensure that the aircraft is in condition for a safe flight. 

• §91.119(c) Minimum Safe Altitudes 

 Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other 

than congested areas. FT Aerial Services, LLC requests authority to operate up to 400 AGL 

over uncontested areas. The aircraft will operate in a limited area within pre-defined 

boundaries with the consent of the landowner/controller and require that all non-essential 

persons remain clear of the flight area during operations. The PIC will make a safety 
assessment of the risk of operating the aircraft and ensure no undue hazard is present for 

persons or property. Considering the size, weight and speed of the aircraft, these protections 

will ensure the equivalent level of safety of minimum safe altitudes. Compared to flight 

operations for manned aircraft and the lack of flammable fuel, any risk associated with the 

proposed aircraft operations is far less than conventional aircraft operating at or below 500 ft 

AGL. In addition, the low-altitude operations of the aircraft will ensure separation with 

conventional aircraft. 

• §91.121 Altimeter Settings 

Section 91.121 requires each person operating an aircraft to maintain cruising altitude 

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

appropriate altimeter setting available before departure.” The DJI Inspire One Pro does not 

have a barometric altimeter, but instead uses GPS altitude data. FT Aerial Services, LLC 

establishes an equivalent level of safety by requiring the pilot to confirm that the GPS 

altitude is set to zero before every flight. 

• §91.151(a)(1) Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a)(1) requires all day VFR flights to operate with enough fuel to fly to 

first point of intended landing and then for at least an additional thirty minutes. 

 The batteries that power FT Aerial Services, LLC unmanned aircraft systems provide 

approximately 23 minutes of powered flight time and therefore is unable to meet this 

requirement. However, the DJI Inspire One Pro has a low battery alarm along with a critical 

battery limit that automatically sends the aircraft back to its departure point. Also, because 

the aircraft will be flying in a confined area without the presence of non-essential persons 

and with landowner/controller permissions, an equivalent level of safety can be achieved by 

flight planning all flights to return to intended landing site with a minimum of 25% reserve 

power in accordance with the FOPM. 

• §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) Maintenance 

Inspections 

 

 Sections §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) require 

that an aircraft operator or owner shall “have that aircraft inspected as prescribed in subpart 

E of this part and shall between required inspections, except as provided in paragraph (c) of 

this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

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

certificate, these sections will not apply to FT Aerial Services, LLC operations. Maintenance 

will be accomplished by FT Aerial Services, LLC in accordance with the operations manual and 

FOPM. The Pilot in Command will ensure that the aircraft is in working order prior to flight 

and will perform some maintenance and inspection of the aircraft and “be authorized to 

approve the aircraft for return to service.” Additionally, the Pilot in Command will conduct 

detailed inspections of the aircraft every 10 hours of flight. Maintenance performed by the 

PIC is limited to repairing small cracks replacing propellors, and updating software and 

firmware. All other maintenance will be performed by the manufacturer. 

 FT Aerial Services, LLC will keep a log of maintenance performed. Moreover, FT Aerial 

Services, LLC and the PIC are most familiar with the aircraft and best suited to maintain it in 

an airworthy condition. 

 An equivalent level of safety will be achieved because the DJI Inspire One Pro is 

limited in size, will carry a small payload and operate only in restricted areas for limited 
periods of time. If mechanical issues arise, the aircraft can land immediately and will be 

operating no higher than 400 feet AGL. 

VI. Privacy 

There is little concern that the proposed flights will cause invasions of privacy because 

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

consent and knowledge. 

VII. Public Interest 

Use of the DJI Inspire One Pro drone is in the public interest because it is safer for 

people and structures than conventional manned aircraft. First, risk to the flight crew is 

virtually eliminated by using an unmanned aircraft. Second, by flying a small aircraft weighing 

less than 55 pounds and carrying no fuel, risk to persons and structures on the ground is 

greatly reduced. Finally, use of the DJI Inspire One Pro benefits the public because it is better 

for the environment through reduction in noise and environmental pollution. 

VIII. Federal Registry Summary 

FT Aerial Services, LLC seeks an exemption from the following sections of Title 14 of 

the Code of Federal Regulation: 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

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

and (b) to commercially operate an unmanned aircraft system for commercial purposes 

including but not limited to: aerial photography, aerial videography, land surveying, and 

industrial inspections. 

As established by the UAS exemptions already granted by the FAA, allowing commercial 

operations of UASs for aerial photography and videography will enhance safety by reducing 

risk. Conventional aerial photography, aerial videography, aerial surveying, and aerial 

inspections using manned aircraft present avoidable risks to flight crew and persons and 

structures on the ground because the aircraft is flying at low altitudes with large amounts of 

fuel. In contrast, a UAS weighing less than 55 pounds and powered by batteries eliminates 

virtually all of that risk given the small size and lack of combustible fuel. Environmental risks 

are also eliminated by using an aircraft that does not have emissions. Therefore, by using an 

UAS for the purposes outlined by FT Aerial Services, LLC, the risk to persons and structures 

will be significantly reduced. 

IX. Conclusion 

 FT Aerial Services, LLC requests an exemption from the aforementioned sections of 14 

CFR. The exemption is in the public interest because it will increase safety for persons and 

structures and FT Aerial Services, LLC will provide an equivalent or greater level of safety as 

provided for in the applicable 14 CFR sections.