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AirMax Aerial, LLC

7447 Logan Lane

Traverse City, MI 49686

(231) 633 - 2329

January 15, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Mailing Address:

AirMax Aerial, LLC

Aaron Kostrzewa, Owner

7447 Logan Lane

Traverse City, MI 49686

(231) 633 - 2329

airmaxaerial@gmail.com

Dear Sir or Madam, 

AirMax Aerial, LLC. requests a Section 333 exemption from Federal Aviation Regulations detailed below 

in order to commercially operate an Unmanned Aerial Vehicle (UAV), namely the DJI Inspire 1. AirMax 

Aerial, LLC. is photography and cinematography company operating out of Traverse City, Michigan. This 

exemption would allow AirMax Aerial, LLC. to serve the local real estate markets, in addition to other 

local organizations, with aerial photographic services and data collection. AirMax Aerial, LCC. will 

conduct such UAV flights within the parameters defined by 333 Exemption and agrees to abide by all 

applicable regulations that apply to such flights. 

This activity will benefit the public by increasing safety, being environmentally responsible, allowing 

more flexibility in regards to aerial data collection, and promoting trade and commerce.

The UAV operated by AirMax Aerial, LLC. will be unmanned, allowing it to conduct operations with no 

danger to the health and safety of persons in the aircraft and much reduced danger to those on the 

ground due it its small size, as opposed to the operation of manned aircraft in which the pilot is 

preoccupied with both piloting the aircraft and operating a camera. Due to the fact that the unmanned 

drone is less complex than the manned aircraft and constructed specifically for unmanned photography, 

its safe operation while on photographic missions is much more assured. 

Commercial activities that would be impractical or illegal in a manned aircraft can be safely conducted in 

a UAV, for example, those that would require close proximity to tree lines or flight in mountainous 

terrain requiring an “abrupt change in an aircraft’s attitude, an abnormal attitude, or abnormal 
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acceleration,” that is, aerobatic flight, while simultaneously attending to the photographic needs of the 

flight. 

The electronically powered UAV also conducts aerial photography without the use of fossil fuels, 

emissions, or the use of large aluminum airframes requiring smelting and other polluting processing 

methods. This is more environmentally responsible in addition to being less costly. 

As a result, the public will enjoy increased trade and commerce due to businesses being served by the 

UAV’s safety, flexibility, and reduced environmental footprint.

Aircraft Utilized

AirMax Aerial, LLC will utilize the DJI Inspire 1, an electrically powered quadcopter with a gross weight 

under 7 pounds. This battery powered quadcopter has four electric motors and carries a high-resolution 

digital camera. It has numerous safety features, including a GPS receiver allowing it to return to base in 

case of malfunction, an altimeter control to maintain a preset safe height and keep below maximum 

height restrictions, and a powerful transmitter to assure control within the sight and height limitations 

of the 333 Exemption. The complete User Manual (English Version) could not be attached to this 

submission because it was above the size restrictions of the refulations.gov upload parameters, but it is 

available at http://www.dji.com/product/inspire-1/info#downloads. The Specifications Section of this 

User Manual, Pages 58-61 and Page 63 are attached to this submission. Pages 58-59 of this manual show 

the specifications of the UAV, including an operating weight of 2935 grams, a maximum speed of 22 m/s 

(49.21 Miles per Hour) and the operating frequency as 2.00 GHz-2.483 GHz. Page 63 of the User Manual 

states “This device complies with Part 15 of the FC rules.”

A complete Safety Guide is attached in a separate file to show the Safety features such as pre-flight 

checklist and Return-To-Home (RTH) feature. 

UAV Pilot in Command (PIC)

AirMax Aerial, LLC is owned 50% by Aaron Kostrzewa and 50% by Maximilian Casler. Both of these 

persons will be the sole operators of the UAV, and both hold current driver’s licenses and have extensive 

flight experience across multiple UAV platforms. In a similar exemption recently granted by the FAA 

(Exemption No. 14320), PICs with similar background were granted exemption from this requirement 

under regulations set forth in Regulatory Docket No. FAA-2015-4986.

Operation of UAV

The UAV will be operated within the limits of the 333 exemption, safely separated 500 feet from 

nonparticipating people, vessels or structures; observing Above Ground Level (AGL) height restrictions; 

and assuring separation from Airport Reference Points (ARP) of 5 nautical miles unless a written request 

is submitted and permission granted prior to the flight. Currency of three takeoff and landings during 

dedicated training sessions over the past 90 days will be maintained. Visual contact will be maintained 

at all times by the PIC and a Visual Observer (VO) who have communication between them. The planned 

flight environment will be inspected personally by the PIC before flight as well as reviewing any localized 

hazards, airports, or populated areas, and assessment of the flight environment, weather, and other 

operating challenges will be made prior to flight. 
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Preflight inspections of the aircraft in accordance with the manufacturer’s recommendations contained 

in the aforementioned manual will be conducted before each flight. If components critical for safe flight 

require replacement or repair, flight of the UAV will not occur until these problems are remedied. 

Flights will be terminated with at least 30% battery charge remaining and specified cloud separations 

will be kept. Flights will be conducted over private or controlled-access property with the property 

owner’s permission. Flights will not be made in the vicinity of any other form of aircraft.

Regulations from which exemption is requested

Exemption from the following sections of CFR are requested due to the disparity between UAV and fullsized aircraft operations.

14 CFR PART 21 - CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

This part establishes the procedures for the issuance of an airworthiness certificate. The FAA has not 

developed standards for issuing Airworthiness Certificates for UAVs. Once such standards are adopted, 

AirMax Aerial, LLC. will assure that the DJI Inspire 1has such a certificate or purchase a UAV which does 

have an Airworthiness Certificate. In the meantime, the DJI Inspire 1 will be marked as 

“EXPERIMENTAL.”

14 CFR PART 61 - CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS

This section limits private pilots to non-commercial operations. Unlike a conventional aircraft that 

carries a pilot, passengers, and cargo, the UAV in this case is remotely controlled with no passengers or 

property of others on board. This section also requires an individual with a commercial pilot’s license to 

be pilot in command of an aircraft for compensation for hire. The applicant respectfully proposes that 

operator requirements should take into account the characteristics of this particular UAV. The UAV in 

question has an autopilot with a high degree of pre-programmed control and various built-in technical 

capabilities that strictly limit the potential for operation outside of the operating condition set forth in 

the exemption application. Hands-on experience with the UAV is a far more effective guarantee of flight 

safety than a commercial pilot certificate would be, until the FAA Pilot Certificate requirements catch up 

to the UAV technology. As found in Exemption No. 14336 (Detzel), the FAA recently approved 

exemption for this section for this model of UAV. 

14 CFR PART 91 - GENERAL OPERATING AND FLIGHT RULES

14 CFR 91.9 “Civil aircraft flight manual, marking, and placard requirements” cannot be satisfied due to 

the inability of the aircraft to carry its flight manual, the size of the aircraft is too small for the standard 

aircraft lettering, and the size of the UAV does not permit complete regulatory placarding. AirMax 

Aerial, LLC. will have the flight manual available to the operator at all times the UAV is being operated 

and the aircraft will be marked “EXPERIMENTAL” and the UAV registration numbers displayed with the 

largest letters possible. 

14 CFR 91.121 - “Altimeter settings” While the UAV does not have a manual altimeter setting as 

specified within the standard, the DJI Inspire 1 does have an altimeter that is automatically set to 

Ground Level at the beginning of each power initialization and height limits can be present. 
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14 CFR 91.151 “Fuel requirements for flights in VFR conditions” While the battery on the UAV does not 

have the specified 30-minute reserve after reaching the first destination, the battery will power the UAV 

for a minimum of 16 minutes with a 30% charge reserve, which is more than enough time to accomplish 

the photographic flights planned. 

14 CFR 91.23 “Civil Aircraft: Certifications required” As with 14 CFR 91.9, the UAV is not large enough to 

carry the required documentation on board, but all documentation will be available to the pilot of the 

UAV at the time of preflight and operation, as well as available for inspection if required by the 

regulatory authorities. 

14 CFR 91.401 through 91.421 “Subpart E--Maintenance, Preventive Maintenance, Alterations” While 

the simplicity of the UAV does not allow for the detailed maintenance specific in this Subpart, AirMax 

Aerial, LLC. will maintain the UAV to original specifications by having spare parts readily available for 

immediate replacement in case of wear or damage. The UAV will not be flown if pre-flight inspection 

procedures specified in the attached manual reveal any damaged or worn parts that cannot be replaced 

to new standards before such flight. A flight function test with the PIC and VO will be conducted with at 

least 500 feet from other people in the event that flight critical parts require replacement. 

Regulatory Changes

It is understood that UAV regulations are in their infancy and changes to these regulations are 

forthcoming. It is agreed that AirMax Aerial, LLC will monitor the evolution of these regulations and 

incorporate them into its operating protocol, as well maintaining updated documentation.

Similar Exemptions

Similar exemptions have recently been granted by the FAA to petitioners with this model of UAV or to 

those with similar models. The exemptions include, but are not limited to:

Exemption No. 11138 (Trudeau)

Exemption No. 14038 (Erath Jr.)

Exemption No. 14320 (Benson)

Exemption No. 14333 (Planes)

Exemption No. 14336 (Detzel)
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Summary That Can Be Published In The Federal Register

AirMax Aerial, LLC has petitioned the FAA for a 333 Exemption from the requirements of 14 CFR Parts 

21, 61, and 91 in order to allow commercial small Unmanned Aerial Vehicle operations over certain 

areas of the United States for the purpose of aerial photography and cinematography.

Respectfully Submitted,

______________________________________

Maximilian J. Casler

Co-Owner

January 19, 2016

______________________________________

Aaron J. Kostrzewa

Co-Owner

January 19, 2016