A vi 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue SE 

Washington, DC 20590 

16 February 2016 

RE: AviAero LLC's Petition for Exemption to Operate Unmanned 

Aircraft Systems for Aerial Data Collection 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 

C.F.R. Part 11, AviAero, LLC hereby applies for exemption from the Federal Aviation 

Regulations (FARs) listed herein and any other necessary to allow its operation of small 

Unmanned Aircraft Systems (sUAS), in the advancement of corporate goals that include: 

• Aerial data collection, remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement 

(precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, 

etc.), or any other gathering of data by instruments aboard the UA. 

BACKGROUND 

AviAero, LLC, a Washington State business, typically consulting with aerospace entities over 

a broad spectrum of issues, (examples) FAA STC Certification (Boeing and Airbus), Flight 

Department and Charter Management of Safety and Financial best practices. AviAero LLC, is 

comprised of Aviation personnel primarily from Operations, Maintenance and Engineering 

backgrounds who are knowledgeable of the National Airspace System and Federal Aviation 

Regulations making the Company a natural fit for UAS operation. 

Recently, the Company was approached by a local provider of inspection services, typically 

of property and structures that include industrial, residential and agricultural entities, to 

operate UASs in support of their business. The use of UASs enhances their business model 

giving them access to more effectively and rapidly asses a certain situation and at the same 

time increasing safety and exposure of their employees. 

The Unmanned Aircraft (UAS) to be utilized, DJI Phantom 3, described herein is smaller, 

lighter and more maneuverable than conventional aircraft. powered by non-combustible 

fuel source, operates at lower altitudes with no people on board and will thereby reduce 

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AviAeroLLC 

current risk levels and enhance safety. With a small payload and maximum flight time of 

under 30 minutes, this offers little or no risk to national security. 

THE UNMANNED AIRCRAFT (UAS) 

DJI Phantom 3 Advanced/Professional aircraft are essentially the same vehicle with the 

exception of the camera quality, therefore operation of either craft is synonymous: 

• Composite construction, 

• 4 motors (quadcopter), 

• 23-minute flight time, 

• Under 10 pounds takeoff weight, 

• Max speed 36 MPH (16/mps). 

Digital Flight Controller with GPS/GLONASS: 

• Provides Fail Safe features that allow the aircraft to return to the launch point and land 

automatically in the event the command and control signal is lost or the battery has 

reached a pre-determined threshold. If battery reaches a critical level, the aircraft will 

descend and land at the current location. Control of the aircraft is maintained during 

descent to allow the PIC to guide it to a safe landing. 

• "Home Lock" function allows safe return of the aircraft in the event of a motor failure 

• Contains a database of airports and restricted airspace and automatically prevents 

operation in these areas 

• On Screen Display of Telemetry. Telemetry data on the video downlink to provide the 

pilot with heading, speed, height, distance, GPS information, and current battery voltage 

as well as indicating proximity to airports and restricted airspace. 

• Direction back to launch point is also indicated. 

• FCC Compliant 

GROUND STATION EQUIPMENT 

• The Phantom 3 Professional's flight controller features several important upgrades, 

including a new flight mode. Safety modes include Failsafe and Return-to-Home. These 

features ensure the safe return of your aircraft if the control signal is lost. The flight 

controller can also save critical flight data from each flight to the on-board storage device 

• 2.4 GHz radio control unit (FCC Licensed) 

• 5.8 GHz video receiver (FCC Licensed) 

• Display of video and telemetry 

• Directional antenna for improved reception. 

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GROUND CREW 

The ground crew required to operate the UAS will be comprised of; 

• Pilot in Command (PIC). The pilot in command will possess at least a recreational pilot 

certificate, be proficient at UAS operations as described in the FLIGHT chapter of the User 

Manual, prepare for the flight activity by ensuring compliance with the Exemption, 

weather conditions, Area of Operations including hazards, ensure unobstructed 

communication with the visual observer (VO), 

• Visual Observer (VO). The visual observer will provide additional situational awareness 

during flight operations. The visual observer will maintain communication with the PIC 

at all times during flight operations and inform the PIC of any hazards to the operation. 

OPERATIONAL PARAMETERS 

• The UAS will weigh less than 55 pounds. 

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

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

terminated at 20% battery power reserve should that occur prior to the 30-minute limit 

• Flights will be operated at an altitude of no more than 400 feet AGL. Unless a specific 

COA is obtained, the limit will be according to the "blanket" COA of 200 feet. 

• The Pilot-In-Command will be trained and proficient in the operation/ limitations of the 

UAS, 

• The Observer will be trained and proficient in observer duties, 

• Permission will be obtained from the property owner. 

• Pilot and observer will be able to communicate by voice at all times during the 

operation. 

• The UAS will only be operated during daytime hours in VFR weather conditions. 

• Operations may not be conducted aboard a moving device or vehicle. 

• Operation near airports will be conducted according to the "blanket" COA unless another 

COA is obtained. 

PRE-FLIGHT CHECKLIST 

In addition to the preflight steps detailed in the FLIGHT chapter of the DJI Phantom 3 

Advanced/Professional User Manual, the PIC will ensure the following prior to 

commencing flight operations: 

• Area of Operation is Secure (personnel are notified, barriers are in place) 

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AviAeroLLC 

• Wind speed is 20 knots or less. 

• Weather conditions are DVFR 

• Note launch elevation and compute max operating altitude of 400' AGL. 

• Establish communication and confirm the operational plan with VO, 

• Announce intention to take off by announcing "Take Off'. 

DOCUMENTATION 

The following documents are linked here and are provided in support of this petition. 

• DJI Phantom 3 Advanced/Professional Release Notes 

• DJI Phantom 3 Advanced/Professional User Manual 

• DJI Phantom 3 Advanced/Professional Quick Start Guide 

• Phantom 3 Intelligent Flight Battery Safety Guidelines vl.O 

http: I Jwww.dji.comjproduct/phantom-3 I download 

REGULATIONS FOR WHICH EXEMPTION IS SOUGHT AND ARGUMENT 

FOR EQUIVALENT LEVEL OF SAFETY 

14 CFR 21 (subpart H) Certification Procedures for Products and Parts, Airworthiness 

Certificates 

AviAero, LLC requests exemption from Part 21, subpart H in its entirety. Given the 

UAV's size and limited area of operation, and inability to support manned flight 

operations an exemption from this Part meets the requirements of an equivalent 

level of safety under Part 11 and Section 333 of the FAA Modernization and Reform 

Act of 2012. Company operated UAS and replacement parts/spares are sourced 

directly from the manufacturer. The UAV(S) operated by the Company do not have 

a airworthiness certification issued under this part, effectively rendering this part 

non applicable. 

14 CFR 45.23 Display of Marks; General 

AviAero, LLC requests exemption from 45.23(b). Size limitations of the UAV and the 

fact that no pilot or passenger will occupy the craft. The registration "N" number will 

be affixed to the UAV and a placard with the word "Experimental" will be affixed to 

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the pilot controller. An equivalent level of safety will be assured as the placard will 

be in plain view of the Pilot-In-Command. 

14 CFR 45.27 Location of Marks; Nonfixed-Wing Aircraft 

AviAero, LLC requests exemption from 45.27(a) Size limitations of the UAV and the 

fact that no pilot or passenger will occupy the craft. The registration "N" number will 

be affixed to the UAV and a placard with the word "Experimental" will be affixed to 

the pilot controller. An equivalent level of safety will be assured as the placard will be 

in plain view of the Pilot-In-Command. 

14 CFR45.29 Size of Marks 

AviAero, LLC requests exemption from 45.29. Size limitations of the UAVand the fact 

that no pilot or passenger will occupy the craft. The registration "N" number will be 

affixed to the UAV and a placard with the word "Experimental" will be affixed to the 

pilot controller. An equivalent level of safety will be assured as the placard will be in 

plain view of the Pilot-In-Command. 

14 CFR 61.56 Flight Review 

AviAero, LLC requests exemption from 61.56. The company would like, from time to 

time, utilize the services of certified Commercial or Airline Transport Pilots (ATP) 

that are either retired from commercial or military service and no longer exercise the 

privileges of their certificate. In these instances, it would become a burden, both 

logistically and financially, to both the pilot and the company to accomplish the flight 

portion of the Fright Review. In these instances, the pilot will be required to attend a 

one-hour ground review with a Certified Flight/Ground Instructor as outlined in this 

part and then demonstrate proficiency with the UAV operated by the Company. An 

equivalent level of safety is assured because the vast aeronautical experience the pilot 

holds and the ability to maneuver the UAV under observation. The majority ofUAVs, 

including those to be operated under this exemption, are of the "quad-copter" variety 

and the flight characteristics are vastly different than that of an airplane typically 

operated by certificated airmen during a flight review. Only those pilots in possession 

of a Commercial and for Airline Transport Pilot airman certificates will be included 

in this exemption. 

14 CFR 61.101 Recreational Pilot Privileges and Limitations 

AviAero, LLC requests exemption from 61.101(e)(4). Because the UAS is incapable of 

pilot or passenger carriage, the proposed operations achieve the equivalent level of 

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AviAeroLLC 

safety of current operations by requiring the Pilot-In-Command operating the UAS to 

have at least Recreational Pilot's certificate rather than a Commercial Pilot's 

certificate to operate a sUAS, even though UAS operations receive monetary or other 

compensation for work performed. Unlike a conventional manned aircraft, a UAS is 

remotely controlled by a ground-based operator. The operational area is controlled 

and restricted, and all flights are planned and coordinated in advance. The level of 

safety exceeds that provided by a single individual holding a Commercial Pilot's 

certificate operating a conventional aircraft for hire. The risks associated with the use 

of a UAS are so diminished from the level of risk associated with commercial 

operations contemplated by part 61 allowing UAS use by a recreational pilot as PilotIn-Command exceeds the present level of safety sought by 14 C.F.R. 61.101 (e)(4). 

14 CFR 61.113 Private Pilot Privileges and Limitations, Pilot in Command 

AviAero, LLC requests exemption from 61.113 (a) and (b). Because the UAS is 

incapable of pilot or passenger carriage, the proposed operations achieve the 

equivalent level of safety of current operations by requiring the Pilot-In-Command 

operating the UAS to have a Private Pilot's certificate rather than a Commercial Pilot's 

certificate to operate a sUAS, even though UAS operations receive monetary or other 

compensation for work performed. Unlike a conventional manned aircraft, a UAS is 

remotely controlled by a ground-based operator. The operational area is controlled 

and restricted, and all flights are planned and coordinated in advance. The level of 

safety exceeds that provided by a single individual holding a Commercial Pilot's 

certificate operating a conventional aircraft for hire. The risks associated with the use 

of a UAS are so diminished from the level of risk associated with commercial 

operations contemplated by part 61 allowing UAS use by a private pilot as Pilot-InCommand exceeds the present level of safety sought by 14 C.F.R. 61.113 (a) and (b). 

14 CFR 91.7 Civil Aircraft Airworthiness 

AviAero, LLC requests exemption from 91.7 (a). There is no Airworthiness Certificate 

issued for Company UAS and no FAA standard for determining airworthiness. Given 

the size ofthe aircraft and use of the guidance contained in the manufacturer's User's 

Manual for maintenance and safety checks prior to flight an equivalent level of safety 

will be assured. 

14 CFR. 91.9 Civil Aircraft Flight Manual, Marking, and Placard 

Requirements 

AviAero, LLC requests exemption from 91.9 (b)(2). Due to the limited size of the UAS 

and its configuration it is incapable of carriage of such a Flight Manual on board. UAS 

information manuals (i.e. User Manual) will be maintained in a controlled manner 

suitable for pilot and observer access. 

14 CFR 91.103 Preflight Action 

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AviAero, LLC requests exemption from 91.103 (b)(2). An approved Flight Manual is 

unavailable for the UAS to be utilized, however by referencing the manufacturers 

User's Manual for preflight actions in addition to the Pilot-In-Command reviewing 

weather conditions (actual and forecast), battery requirements, radio control 

communication and interference checks, environment and airspace considerations, 

and performance data prior to flight an equivalent level of safety will be assured. 

14 CFR 91.105 Flight Crewmembers at Stations 

AviAero, LLC requests exemption from 91.105. Company operated UAS do not 

support a pilot or crewmember(s) onboard, therefore this Part is not applicable to 

proposed operations. 

14 CFR 91.109 Flight Instruction; Simulated Instrument Flight and Certain 

Flight Tests 

AviAero, LLC requests exemption from 91.109. Company operated UASs are remotely 

piloted aircraft utilizing a single ground based control box and by design do not have 

fully functional dual controls. 

14 CFR 91.119 Minimum Safe Altitudes: General 

AviAero, LLC requests exemption from 91.119. Company operated UAVs flights will 

be made without the permission of affected property owner(s) and/or local 

official(s). Because of the advance notice to the property owner(s) and/or 

participant(s) of the UAS activity, all affected individuals will be informed of the 

planned flight operation as compared to flight operations in conventional aircraft 

where notification is not as obvious prior to flight. The size, weight and noise 

footprint in addition to the lack of flammable fuels, deem the risk associated with UAS 

operations far less than that of conventional aircraft or rotorcraft operating at or 

below 500 feet AGL. Additionally, low-altitude operations of the UAS will increase 

separation between the UAS and conventional aircraft ensuring an equivalent level of 

safety is achieved. 

14 CFR 91.121 Altimeter Settings 

AviAero, LLC requests exemption from 91.121. Company operated UAS do not have 

a barometric altimeter, but instead a GPS digital altitude input. The Pilot-InCommand is required to confirm the GPS altitude of the launch site prior to flight, 

ensuring an equivalent level of safety. 

14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions 

AviAero, LLC requests exemption from 91.151. Company operated UASs batteries 

provide approximately thirty (30) minutes of powered flight at one hundred percent 

charge, the controller utilized by the Pilot-In-Command to maneuver the UAS 

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AviAeroLLC 

contains a battery level indicator. Company policy require the planned landing be 

made at no less than twenty (20) percent battery life remaining. This procedure 

ensures an equivalent level of safety is maintained. 

14 CFR 91.203 Civil aircraft: Certifications Required 

AviAero, LLC requests exemption from 91.203(a)(1). Company operated UASs are 

issued no Airworthiness Certificate nor is there a location on the UAS to 

accommodate such documentation. 

14 CFR 91.405 Maintenance Required 

AviAero, LLC requests exemption from 91.405. Company operated UASs are issued 

no Airworthiness Certificate and this part is non-applicable. An equivalent level of 

safety will be achieved by ensuring that the UAS is in working order prior to initiating 

flight, performing required maintenance, and keeping a log of any maintenance 

performed. All maintenance and inspections will be performed in accordance with 

the manufacturers Owners/Operators Manual. 

14 CFR 91.407 Operation After Maintenance, Preventive Maintenance, 

Rebuilding, or Alteration 

AviAero, LLC requests exemption from 91.407. Company operated UASs are issued 

no Airworthiness Certificate and this part is non-applicable. An equivalent level of 

safety will be achieved by ensuring that the UAS is in working order prior to initiating 

flight, performing required maintenance, and keeping a log of any maintenance 

performed. All maintenance and inspections will be performed in accordance with 

the manufacturers Owners/Operators Manual. 

14 CFR 91.409 Inspections 

AviAero, LLC requests exemption from 91.409. Company operated UASs are issued 

no Airworthiness Certificate and this part is non-applicable. An equivalent level of 

safety will be achieved by ensuring that the UAS is in working order prior to initiating 

flight, performing required maintenance, and keeping a log of any maintenance 

performed. All maintenance and inspections will be performed in accordance with 

the manufacturers Owners/Operators Manual. 

14 CFR 91.417 Maintenance Records 

AviAero, LLC requests exemption from 91.417. Company operated UASs are issued 

no Airworthiness Certificate and this part is non-applicable. An equivalent level of 

safety will be achieved by ensuring that the UAS is in working order prior to initiating 

flight, performing required maintenance, and keeping a log of any maintenance 

performed. All maintenance and inspections will be performed in accordance with 

the manufacturers Owners/Operators Manual. 

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SUMMARY FOR PUBLICATION IN THE FEDERAL REGISTER 

Petitioner: AviAero, LLC, pursuant to 14 CFR Part 11 seeks exemption from the following 

Federal Aviation Regulations (FARs): 

14 C.F.R §§ 21, subpart H, §45.23(b), §45.27(a), §45.29, §61.56, §61.101(e), 

§61.113(a) and (b),§ 91.7(a), §91.9(b)(2), §91.103(b)(2), 91.105, §91.109, 

§ 91.119, § 91.121, § 91.151, §91.203(a) and (b)§ 91.405, § 91.407, 

§ 91.409, § 91.417 

to operate small unmanned aircraft systems (sUAS) for the purpose of aerial 

survey and photography. 

Respectfully Submitted this 16th day of February, 2016. 

Managing Director 

AviAero, LLC 

Company Headquarters 

2929 76th Ave SE 

#306 

Mercer Island W A. 98040 

Airport Operations 

7777 Perimeter Road 

No.7 

Seattle, WA 98108 

TEL: (206) 660-0502 

Email: nlav@hotmail.com 

Sec 333 of FMRA 9 of9 Petition for Exemption