In accordance with 14 C.F.R. § 11.81, Lifted Imagery Aerial, LLC provides the following 

information in support of its petition for exemption: 

The name and address of the Petitioner is:

Lifted Imagery Aerial, LLC

7802 Homestead Road

Golden, Colorado 80403

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

Alexander Delmonico

Owner

Lifted Imagery Aerial, LLC

7802 Homestead Road

Golden, CO 80403

303-408-7326

Email: alex@liftedimagery.com

Lifted Imagery Aerial, LLC is applying to the FAA for exemption would allow the petitioner to 

operate an unmanned aircraft system (UAS) to perform aerial photography/videography for 

landscape photography, real estate & building professionals as well as to augment portrait & 

wedding events. Lifted Imagery Aerial, LLC (and subsidiary Lifted Imagery, LLC) has been 

operating in good faith and without blemish for almost 3 years and carry substantial liability 

insurance for the photography and videography business including a specific policy for the UAS 

in operation of Lifted Imagery Aerial, LLC. 

Airworthiness of UAS 

The UAS proposed by the petitioner are the DJI Inspire 1 and Freefly Systems Cinestar 8 and 

any of their subsequent upgrades as long as they are in accordance with the restrictions of 

Section 333. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and 

parts, Subpart H—Airworthiness Certificates in accordance with the statutory criteria provided in 

Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in consideration of the 

size, weight, speed, and limited operating area associated with the aircraft and its operation, we 

request that the Secretary of Transportation determine that this aircraft meets the conditions of 

Section 333 and thereby requests exception.
BASIS FOR PETITION

Petitioner, Lifted Imagery Aerial, LLC, 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, hereby petitions the Administrator 

for an exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 

91.9(b) (2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 1.407(a)(1), 

91.409(a)(2), and 91.417(a) and (b)., as well as the restricted category airworthiness certification 

standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of 

airworthiness as contemplated by 14 C.F.R. Part 21. 

The Specific Sections of 14 C.F.R. From Which Lifted Imagery Aerial, LLC Seeks Exemption:

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by Lifted Imagery Aerial, LLC, 

an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 

(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAV. In all 

cases, an analysis of these criteria demonstrates that the UAV operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

All of the UAV’s to be operated hereunder are less than 55 lbs. fully loaded, carry neither a pilot 

nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively

within a secured area as set out in the Lifted Imagery Aerial, LLC Operations Manual. Unlike 

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

both the operator, pursuant to the Manual’s requirements, and under the requirements and in 

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

is now done with conventional inspections. The FAA will have advance notice of all operations. 

These safety enhancements, which already apply to civil aircraft operated in connection with 

power generation inspections, provide a greater degree of safety to the public and property 

owners then conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. 

Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAV’s, due to their size, speed of operation, 

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

a substantial external load. 

2. 14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: When marks include only the Roman capital letter "N" and the 
registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 

Even though the UAV will have no airworthiness certificate, an exemption may be needed as the 

UAV will have no entrance to the cabin, cockpit or pilot station on which the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," can be placed. Given the size of the 

UAV, two-inch lettering will be impossible. The word "experimental," may be placed on one of 

the rotor arms of each UAV, in compliance with §45.29 (f). The equivalent level of safety will be 

provided by having the UAVs marked on their rotor arm as required by §45.29 (f) where the 

pilot, observer and others working with the UAV will see the identification of the UAV as 

"experimental". 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167A. 

3. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

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

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations without requiring PIC operating the aircraft to have a private pilot’s 

license or a commercial pilot’s license to operate these small UAVs. Unlike a conventional 

aircraft that carries the pilot and passengers, Lifted Imagery Aerial, LLC’ UAVs are remotely 

controlled with no living thing on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance as set forth in the Lifted Imagery Aerial, LLC 

Operations Manual. The level of safety provided by the requirements included in the manual 

exceeds that provided by a single individual holding a commercial or private pilot’s certificate 

operating a conventional aircraft. The risks associated with the operation of the UAVs are so 

diminished from the level of risk associated with commercial operations contemplated by Part 61 

when drafted, that allowing operations of these UAVs as requested without a commercial or 

private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & 

(b). 

4. 14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

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

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

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the Manual for maintenance and 

use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent 

level of safety will be provided. 

5. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:
No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter,

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. 

The UAVs, given their size and configuration have no ability or place to carry such a flight 

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

or capacity to carry such an item on the aircraft. 

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

control point where the pilot flying the UAV will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

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

6. 14 C.F.R. § 91.103: Preflight action 

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

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. An equivalent level of safety will be provided as set forth in the 

Manual. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. 

7. 14 C.F.R. §91.109: Flight instruction: 

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

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. 

UAVs and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact 

that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft. 

8. 14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAV that is a multi-rotor VTOL and the exemption requests authority to 

operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform from 

which operations are planned, an exemption may be needed to allow such operations. As set 

forth herein, except for the limited conditions stated in the Manual, the UAV will never operate 

at higher than 400 ft. AGL. It will however be operated in a restricted area with security

perimeter, where buildings and people will not be exposed to operations without their pre-
obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAVs as well 

as the location where they will be operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware of the planned flight 

operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 400 ft. AGL in the power generation industry. In 

addition, the low-altitude operations of the UAVs will ensure separation between these small 

UAV operations and the operations of conventional aircraft that must comply with Section 

91.119. 

9. 14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

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

altimeter setting available before departure.” As the UAV may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. 

10. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

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

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The batteries powering all of Lifted Imagery Aerial, LLC’ UAV’s provide approximately 35 

minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAV 

flights would be limited to approximately five (5) minutes in length. Given that this limitation 

would prohibit the flight of the UAV’s a longer time frame for flight in daylight or night VFR 

conditions is reasonable. 

Lifted Imagery Aerial, LLC believes that an exemption from 14 CFR §91.151(a) falls within the 

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

operate without compliance with FAR 91.151 (a)). Operating the small UAV, in a tightly 

controlled area where only people and property owners or official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the 

type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the 

small UAV. 

Additionally, limiting UAV flights to 5 minutes would greatly reduce the utility for which the 

exemption will be granted. 

Lifted Imagery Aerial, LLC believes that an equivalent level of safety can be achieved by 
limiting flights to 25% of battery power. This restriction would be more than adequate to return 

the UAV’s to their planned landing zone from anywhere in their limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

11. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

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

the following: 

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

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

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew. 

All of Lifted Imagery Aerial, LLC’ UAV’s fully loaded weigh no more than 55 lbs and are 

operated without an onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the UAV’s.

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

point where the pilot flying the UAV will have immediate access to them, to the extent they are 

applicable to the UAV. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

12. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

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

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

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

these sections will not apply to Lifted Imagery Aerial, LLC. Maintenance will be accomplished 

by Lifted Imagery Aerial, LLC pursuant to the flight manual and operating handbook as 

referenced in the Manual. An equivalent level of safety will be achieved because these small 

UAVs are very limited in size and will carry a small payload and operate only in restricted areas 

for limited periods of time. If mechanical issues arise the UAV can land immediately and will be 

operating from no higher than 400 feet AGL. As provided in the Manual, Lifted Imagery Aerial, 

LLC will ensure that every UAV is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person 

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. 
13. The Extent Of Relief Lifted Imagery Aerial, LLC Seeks And The Reason Lifted Imagery

Aerial, LLC Seeks Relief From 14 C.F.R. § 21.185.Lifted Imagery Aerial, LLC seeks relief 

from the airworthiness certificate requirements of the Federal Aviation Regulations and proposes 

to commercially operate the DJI INSPIRE 1 and CINESTAR 8, without an airworthiness 

certificate, for the special purpose of conducting aerial inspection services for its customers, 

pursuant to specific operating limitations and a Safety Management System (“SMS”). Lifted 

Imagery Aerial, LLC seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 

21.185 to the extent that the DJI INSPIRE 1 and Freefly Systems CINESTAR 8, which have not 

yet been type certificated by the FAA, may be operated as if they were a restricted category

aircraft for a single, defined, special purpose operation (i.e., aerial inspection). 

Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section 333”), 

Lifted Imagery Aerial, LLC seeks relief from the airworthiness certificate requirements of the 

FAR because operation of the DJI INSPIRE 1 and Freefly Systems CINESTAR 8 will not create 

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

Section 333 sets forth the requirements for considering whether a UAV will create a hazard to 

users of the NAS or the public or pose a threat to national security. Further, Section 333 provides 

the authority for such UAV to operate without airworthiness certification.Specifically, Section 

333 states the following, in part: 

(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 (1set forth below, numerous factors, including the 

proven safe operational history of the DJI INSPIRE 1 and Freefly Systems CINESTAR 8 in the 

NAS, as well as the specific parameters of Lifted Imagery Aerial, LLC’ intended operation 

pursuant to this exemption, demonstrate that the DJI INSPIRE 1 and Freefly Systems 

CINESTAR 8 have in the past, and will continue in the future, to operate safely in the NAS 

without creating a hazard to other aircraft or people on the ground. Accordingly, the FAA may 

approve operation of the DJI INSPIRE 1 and Freefly Systems CINESTAR 8, without an 

airworthiness certificate, by setting forth specific operating limitations to ensure a level of safety

equivalent to what would be provided by airworthiness certification. 

*********

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

Register, should it be determined that publication is needed: 

Lifted Imagery Aerial, LLC seeks an exemption from the following rules:14 C.F.R. §21, 

subpart H; 14 C.F.R 45.23(b); §§ 61.113(a) & (b); 91.7(a); 91.9 (b) (2); 91.103 (b);91.109; 
91.119; 91.121; 91.151 (a); 91.203(a) and (b); 91.405(a); 91.407 (a) (1); 91.409 (a) (2); 91.409 

(a) (2), 91.417 (a) & (b), as well as the restricted category airworthiness certification standards 

specified in 14 C.F.R. § 21.185 to operate commercially unmanned vehicle (55lbs or less) for 

aerial inspections.

This will greatly reduce risk of injury, etc. in filming/photographing aerial still and video shots 

for my business than using a helicopter or other manned flight apparatus. In contrast, a Lifted 

Imagery Aerial, LLC UAV weighing fewer than 55 lbs. and powered by batteries eliminates 

virtually all human risk given that the PIC is on the ground. 

Every Lifted Imagery Aerial, LLC UAV is carried to the inspection site and not flown. The 

UAV’s will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. The operation of small UAVs, weighting less than 55 

lbs., conducted in the strict conditions outlined above, will provide an improved level of safety 

supporting the grant of the exemptions requested herein, including exempting the Lifted Imagery

Aerial, LLC from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, 

as a result, are far safer than conventional operations conducted by humans dangling from ropes. 

Reasons Why Granting Lifted Imagery Aerial, LLC’s Request Would Be In The Public Interest:

Granting the present Petition will further the public interest by allowing Lifted Imagery Aerial, 

LLC to safely, efficiently, and economically perform aerial photography for real estate & 

building professionals as well as augment portrait & wedding events. Additionally, use of the 

Lifted Imagery Aerial, LLC UAV’s will increase worker safety by reducing human exposure to 

extreme heights. Notably, the benefits of the proposed operation of the Lifted Imagery Aerial, 

LLC UAV will be realized without implicating any privacy issues. 

CONLUSION: 

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

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security – provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant’s UAS to perform aerial 

photography/videography for landscape photography, real estate & building professionals as well 

as to augment portrait & wedding events. 

Respectfully submitted,

Alexander Delmonico

Owner

Lifted Imagery Aerial, LLC

7802 Homestead Road

Golden, CO 80403

303-408-7326

Email: alex@liftedimagery.com