May 24th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Luc Gerber dba LGAERIAL, the operator of small Unmanned Aircraft

Systems ("sUAS"), seeks an exemption from the Federal Aviation Regulations ("FARs") listed

below and discussed in Appendix A. Attached are the manuals for both aircrafts mentioned in this 

petition.

The requested exemption would permit commercial operation of Luc Gerber dba LGAERIAL

sUAS's, which weigh less than 10bs. and performs aerial surveys and videography that

consists of still photographs and videography taken by on board cameras. The sUAS's takes a

series of high quality, still digital images and video that are used to promote real estate sales

and survey in Northern Nevada. Additional aerial inspections/survey applications may include

construction jobsite monitoring, pipeline inspection, precision topological surveys and mine sites. Use of

the sUAS for aerial inspections and surveys reduce the need to utilize conventional manned

aircraft, manned lifting devices or manned climbing for the same purpose and provides very

high quality imagery at a fraction of the cost. These savings result in enhanced safety,

efficiency and productivity for the affected activities, as well as environmental benefits.

Operations under the exemption will be subject to strict operating requirements and conditions

to ensure at least 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.

As described more fully below, the requested exemption would authorize commercial

operations of aerial photos and inspections or surveys using the sUAS's, which weigh less than 10

lbs. and are small in size. (DJI Phantom 3 and DJI Inspire 1) The

sUAS's will be operated under controlled conditions at low altitude in airspace that is limited in

scope, as described more fully herein; it will have automated control features as described

below. The sUAS also will be operated by an individual who has FAA

Single engine Private Pilot License and has a current medical certification. Finally, the airspace in

which the sUAS will operate will be Class G airspace or airspace approved by the FAA in

advance.

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Luc Gerber dba LGAERIAL respectfully submits that because these small, unmanned aerial

vehicles will be used in lieu of comparatively hazardous operations now conducted with fixed

wing and rotary conventional aircraft or other manned means of inspections, the FAA can have

confidence that the operations will achieve at least the equivalent level or greater level of

safety. Approval of the exemptions would thereby enhance safety and fulfill the Secretary of

Transportation's (the FAA Administrator'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."

The name and address of the applicant are:

Luc Gerber dba LGAERIAL

Att: Luc Gerber

Ph: 775-299-9538

Email: lgaerial@gmail.com

Address: 351 Silver St, Elko NV 89801

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);
14 C.F.R. 61.133 (a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2};

14 C.F.R. 91.417(a) & (b).

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Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in

the public interest.

The Applicable Legal Standard under Section 333

Luc Gerber dba LGAERIAL submits that grant of this exemption application for use of the

proposed UAS's in precision aerial inspections will advance the Congressional mandate in

Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace

system ("NAS") if it can be accomplished safely. This law directs the Secretary of

Transportation to consider whether certain UASs may operate safely in the NAS before

completion of the rulemaking required under the Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of UASs do not create a

hazard to users of the NAS or the public or pose a threat to national security in the light of the

following:

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

• Operation of the sUAS in closed proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.
Reform Act §333{a)(1). If the Secretary determines that such vehicles "may operate safely in

the national airspace system, the Secretary shall establish requirement for the safe operation of

such aircraft in the national airspace system." ld. §333(c) (emphasis added).1

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 the sections 44702-44716

of this title if the Administrator finds the exemption is in the public interest.

1Applicant submits that this provision places a duty on the Administrator to not only process

applications for exemptions under Section 333, but for the Administrator, if he deems the

conditions proposed herein require modification in order to allow approval, to supply

conditions for the safe operation of UAS. Todd Thomas dba Drone Pies welcomes the

opportunity to consult with FAA staff in order to address any issues or concerns that this

proposal may raise that they believe may require modification.

49 U.S.C. §44701(f). See also 49 U.S.C. §44711 (a); 49 U.S.C. §44704; 14 C.F.R. §91.203(a)(1).

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The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations; and the

significant public benefit, including enhanced safety and cost savings associated with

transitioning to UASs for aerial inspections and survey photography and real estate

photography. Accordingly, the applicant respectfully requests that the FAA grant the requested

exemption without delay.

Airworthiness of the sUAS

A critical element of the exemption application involves evidence of the airworthiness oft he

sUAS. 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 sUAS. Our small UAS's will operate at low speed in a

controlled environment, at least five miles from an airport or densely populated area. An

analysis of these criteria demonstrates that the UAS operated without an airworthiness

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

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

airworthiness certificate without the restrictions and conditions proposed.

Mandatory Operating 

Grant of the exemption to Luc Gerber dba LGAERIAL will be subject to the following

mandatory conditions, which are based upon operating conditions set forth for operation of

sUAS by public entities pursuant to Certificates of Authorization, with additional restrictions:

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• All operations to occur in Class G airspace.

• Operations to avoid congested or populated areas, which are depicted in yellow on VFR

charts.

• Operations to be conducted over private or controlled-access property.

• Permission from land owner/controller required before commencing flight.

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

• Aircraft to remain within Visual Line of Sight (VLOS).

o VLOS guaranteed with a cylinder of operation around operator of Yi nautical miles

(NM).

o Cylinder walls may be expanded by observer with ability to control aircraft.

• Operations to occur during daylight hours.

• Above Ground Level (AGL) altitude to be restricted to 400 feet.

• All operations conducted in vicinity of airport to remain more than 2.5 NM from

centerline azimuth of runway centerline measured from runway thresholds

• All required permissions and permits will be obtained from territorial, stat e, county or

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

Operator Requirements

Luc Gerber dba LGAERIAL respectfully purposes that operator requirements should take into

account the characteristics of the particular UAS. Certain UASs, such as the DJI Phantom 3 or DJI Inspire 

1, are characterized by a high degree of control and various built-in technical capabilities

that limit the potential for operation outside of the operating conditions set forth above.

Additional automated safety functions and safety enhancing features of the sUAS's include the

following:

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate return

to aircraft take-off location ("home").

• Low power on the aircraft triggers escalating alarms at GCS.

• If the auto-pilot detects a lost-link to the GCS, landing procedure begins.

Given these safety features, Luc Gerber dba LGAERIAL proposes that operators of the sUAS

should not be required to hold a commercial pilot certification. Instead, operators should be

required to:

• Hold a private pilot license and have a current medical certification.

• Have completed the manufacturer's training or a minimum of 10 hours training program

for operation of the sUAS's.

Luc Gerber dba LGAERIAL notes that the FAA has found that safety factors permitted

operation of sUASs by operators with these qualifications in the case of operations pursuant to

public COAs when the mandatory operating conditions specified above were present. See

Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS)

Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority to grant

exemptions to the requirements for and privileges associated with the grant of airmen's

certificates. 49 USC §44701 (f).

* * *

In summary, applicant seeks an exemption from the FARs set forth above in Appendix A to

allow commercial operations of a sUAS's conducting precision aerial inspections or surveys and

real estate photos.
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Approval of the exemption allowing commercial operations of the sUAS for precision

inspection, survey work, and real estate photos will enhance safety by reducing risk.

Conventional aerial inspection, survey operations, and real estate photos, using jet or piston powered

aircraft present risks associated with vehicles that weigh in the neighborhood of 5,000

to 7,000 lbs., or more, carry large quantities of fuel, passengers, and, in some cases, cargo.

Such aircraft must fly to and from the survey location. Other conventional manned climbing or

manned lifts risk safety hazards associated with falls, electrical hazards, fuel related hazards,

and inhalation associated with the structures being inspected. In contrast, a sUAS weighing less

than 15 lbs. and powered by batteries eliminates a portion of that risk given the reduced mass

and lack of combustible fuel carried on board a manned aircraft and the lack of risks associated

with manned lifts or manned climbing apparatus. The sUAS will carry no passengers or crew

and, therefore; will not expose any individuals to the risks associated with manned aircraft

flights, manned lifts or climbing hazards.

Additionally, no national security issue is raised by the grant of the requested exemptions.

Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no

explosives or other dangerous materials, the sUAS poses no threat to national security.

The operation of the sUAS, weighing less than 15 lbs ., for inspections, surveys, and real estate

photos in accordance with the strict conditions outlined above, will provide an equivalent level

of safety supporting the grant of the exemptions requested herein, including exempting Todd

Thomas dba Drone Pies from the requirements of Part 21.

The sUAS's satisfaction of the criteria set forth in Section 333 ofthe Reform Act-size, weight,

speed, operating capabilities, lack of proximity to airports and populated areas, operation

within visual line of sight, and national security-and its showing of an equivalent level of safety

as it may relate to the requirement for FAA training, provide more than adequate justification

for the grant of the requested exemptions allowing commercial operation of the sUAS in the

commercial aerial inspection, survey, and real estate photo business.
Enclosures:

Luc Gerber

Owner

LGAERIAL

Appendix A: Exemption Request and Equivalent Level of Safety Showings under

Applicable Rules Subject to Exemption