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Justin S Schneider

Aerial Indigo, LLC

2543 E 50th Ave

Anchorage, AK 99507

(907) 306-4659

justin@aerialindigo.com

April 27, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for Exemption Per PL 112-95 §333 from 14CFR 21 Part H, 14CFR 61.3, 

14CFR 61.113, 14CFR 91.119, 14CFR 91.121, 14CFR 91.151, 14CFR 91.405, 14CFR 

91.407, 14CFR 91.409, 14CFR 91.417

Please consider this a request for an exemption of the above applicable sections of 14 

CFR for Aerial Indigo, LLC (hereafter ‘Aerial Indigo’) for the purpose of conducting 

commercial aerial survey and photography operations with its small Unmanned Aircraft System 

(sUAS) within United States airspace. The employment of sUAS platforms for these missions 

should provide the FAA with good cause to find that these operations enhance safety by 

eliminating the need to use conventional aircraft in the sometimes unique environments where 

a small Unmanned Aerial Vehicle (sUAV) would be particularly adept, but a conventional 

aircraft may pose a hazard to its crew and those on the ground.

Aerial Indigo requests exemption from the following applicable regulations, pursuant to 

the Administrator’s authority to grant exemptions contained in 49 U.S.C. §106(f), 40113, 

and 44701:

14 CFR 21 Part H

14 CFR 61.3

14 CFR 61.113,

14 CFR 91.119,

14 CFR 91.121,

14 CFR 91.151,

14 CFR 91.405,

14 CFR 91.407,

14 CFR 91.409,

14 CFR 91.417
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AIRCRAFT

Aerial Indigo will operate variations of the 3D Robotics X8+, and the 3D Robotics Solo. 

These are commercially available, off-the-shelf UAS. These UAS will weigh no more than 7.5 

pounds and will operate no faster than 40 knots groundspeed. They are agile, having the 

ability to hover, and move about its three axes simultaneously. Because of the sUAS’s 

specifications and flight characteristics, it poses no threat to national security.

AIRWORTHINESS CERTIFICATION

The UAS operated by Aerial Indigo will undergo an inspection prior to each flight to 

ensure airworthiness. Any damage or malfunction that poses a hazard to flight will be 

documented and corrected prior to operation. The UAS carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within visual 

line of site of the operator. Operations under this exemption will be tightly controlled and 

monitored by the operator. By nature of these conditions, this UAS provides a greater degree 

of safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14CFR Part 21. 

UAS PAYLOAD

Specific payload configurations will vary depending on the mission requirements. In 

general, the payload will include a camera and gimbal system, and may include other sensors 

necessary for the mission. The UAS will be operated in accordance with manufacturer 

specifications, not to exceed a total weight of 7.5 lbs. Every flight payload will be 

documented in the aircraft log. Without a manufacturer’s approved modification, the UAS will 

not be operated outside parameters set forth in the manufacturer’s handbook.
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FUEL REQUIREMENTS

(14 CFR 91.151)

The sUAS is powered by a battery, which provides up to 30 minutes of powered flight. 

Because of the absence of flammable operating fluids, the sUAS does not pose the same level 

of risk as a conventional aircraft. All Aerial Indigo operators will terminate flights when 

remaining battery power level reaches 20%, or 30 minutes flight time is reached, whichever 

comes first after takeoff.

Since no flights conducted by Aerial Indigo will require traditional petroleum based fuel, 

and those flights will be for less than 30 minutes, Aerial Indigo requests relief from 14CFR 

91.151.

PREFLIGHT ACTION

Prior to each flight, the operator must conduct a pre-flight inspection and determine 

the sUAS is in a safe condition for flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection 

reveals a condition that affects the safe operation of the sUAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the sUAS is found to be in 

a condition for safe flight. 

After the pre-flight inspection, the operator will conduct a pre-flight safety briefing 

with the observer and all other participants.

MAINTENANCE

(14CFR 91.405, 14CFR 91.407, 14CFR 91.409, 14CFR 91.417)

Aerial Indigo requests exemption from 14CFR 91.405, 14CFR 91.407, 14CFR 91.409, 

14CFR 91.417. 

Aerial Indigo will conduct all maintenance on the sUAS in accordance with the flight 

operations manual, pilot operating handbook, and any guidance received from the 

manufacturer. Aerial Indigo will abide by all notices from the manufacturer governing the 

maintenance, preventive maintenance, and alterations of the sUAS.

There is no certified FAA inspection process for sUAS’s, therefore all inspections will 

be conducted by Aerial Indigo associates in accordance with manufacturer’s guidelines. These 

inspections will be conducted and documented after any maintenance and before every flight. 

A functional flight test will be conducted after maintenance and before any flight for hire.
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UAS CONTROL

The control of the X8+ will be through a Radio Transmitter and Receiver provided by 

the manufacturer and operating on frequency 915 Mhz. This frequency is FCC approved and 

provides more than adequate range for operations within line of sight of the operator. Control 

of the 3D Robotics SOLO will be through the dedicated Wi-Fi link provided by the 

manufacturer. The UAS is also equipped with flight telemetry radios for semi-autonomous 

operation using highly precise GPS data, while maintaining a constant link between the vehicle 

and the ground station. The semi-autonomous mode is similar to a small manned aircraft

operating with a 3 axis autopilot; operator input is still a function of the system. (Lost link 

procedures still apply)

CREW RESOURCE MANAGEMENT (CRM)

All Aerial Indigo flight crew members will actively practice CRM in accordance with 

FAA guidelines. Further guidance and details are covered in the Aerial Indigo training 

program.

FLIGHT CREW 

(14CFR 21 Part H, 14CFR 61.3, 14CFR 61.113)

All flight crew members will successfully complete the Aerial Indigo training program 

and operators will hold a valid driver's license or third class medical certificate. The Aerial 

Indigo Operator will remain the individual in charge of each flight and will not transfer 

responsibility for operational control of the sUAS aircraft to any other person, unless the 

flight is specifically for training purposes and not for hire. Any flight for training purposes will 

include a visual observer that is fully qualified for that position. 

The Visual Observer will be trained in accordance with the Aerial Indigo training 

program and will possess a current valid driver’s license issued in the United States.
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Aerial Indigo requests an exemption from 14CFR 21 Part H until such a time that it 

has been established that the Aerial Indigo training program is capable of full compliance with 

the regulation (Number of successful graduates, certification of instructors, etc).

TRAINING AND CERTIFICATION

(14CFR 61.3 and 14CFR 61.113)

All flight crew members will successfully complete the Aerial Indigo training program 

and operators will hold a valid driver's license or third class medical certificate. The Aerial 

Indigo training program has been developed referencing the curriculum already in place by the 

U.S. Department of Interior (DOI) for training their sUAV pilots. This curriculum is currently 

accepted by the FAA as valid for the initial qualification of sUAS operators as a replacement 

for a pilot license. The full Aerial Indigo training program is proprietary in nature and is 

available to the Administrator upon request. Prior to operations for hire, the PIC must have 

accumulated and logged a minimum of 5 hours of total time as a sUAS pilot with similar sUAS 

type (fixed wing or rotary). The operator will demonstrate proficiency in flying the UAS safely 

in all modes and phases of flight prior to participating in any for-hire missions.

OPERATIONS

Aerial Indigo operations utilize a sUAS in a manner that provides services not offered 

by manned aircraft and enhances the level of safety beyond which can be accomplished by 

manned aircraft. Examples of the proposed aerial photography operations include general 

photography, real estate, insurance damage assessment, and incident/accident documentation. 

Most operations restrict the use of the sUAS to a small area typically encompassing a limited 

number of residential and commercial properties at a time. The structures on these properties 

provide sufficient protection from the sUAV, and photography can be completed with much 

less risk than what would be incurred in a manned aircraft operation at low altitudes. Our 

intended film production operation would typically include both photography and videography 

for commercial purposes including wedding and corporate events. These events are restricted 

to only the invited participants and are closed to the general public, providing the opportunity 

to operate only in an area where informed, consenting participants and personnel are present. 

Aerial Indigo will be able to provide a level of safety equal to or greater than the manned 

aircraft that would typically provide these services.

Finally, our survey operation includes the orthomosaic mapping of agriculture, 

construction, and industrial sites utilizing our sUAS rotorcraft flying pre-programmed grids 

that can be interrupted and returned to a safe landing zone by our operators at any time. 

Currently these operations are executed by manned aircraft carrying hundreds of pounds of 

fuel and equipment flying at low altitudes and speeds in excess of 75 miles per hour. Our 

operation would greatly increase the level of safety, replacing manned aircraft with a sUAV 

weighing less than 7.5 pounds which carries no fuel, and restricted to speeds no greater than 
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40 knots. These sites are areas that can readily be secured by Aerial Indigo personnel and will 

not provide any additional risk to the general public.

The UAS will be operated continuously within the operator’s line of sight, so as not to 

create a hazard to users of the NAS or public. In general, the UAS will be operated below 

400 feet Above Ground Level (AGL). 

We intend to occasionally operate in the vicinity of airports. The UAS will be 

equipped with a Sagetech XPG-TR transponder, which is a Mode S transponder with ADS-B 

out capability. We will also have a ICOM IC-A14 radio. During operations at uncontrolled 

airports, we will be broadcasting on the appropriate CTAF frequency and listening to 

transmissions of other aircraft, yielding right-of-way to other aircraft at all times. During 

operations near controlled airports, we will obtain permission from air traffic control (ATC)

prior to the operation. We will maintain two-way communication with ATC at all times during 

the operation; complying with any and all ATC instructions, and able to abort the operation 

at any time at ATC request. During operations in controlled airspace, we request permission 

to operate above 400ft AGL with ATC permission. 

Limitations

The limitations and conditions that Aerial Indigo, LLC agrees to be bound to include:

1. The sUAS takeoff weight will be less than 7.5 lbs.

2. The sUAS will be operated at less than 40 knots groundspeed.

3. Flights will be operated within unaided visual line of sight of an operator and 

observer.

4. The sUAS will never be operated directly over a person, and will remain at least 

100 feet from all persons.

5. All flights will be conducted in daylight, Visual Flight Rules (VFR) conditions.

6. Except in controlled airspace and with ATC permission, flights will be operated at 

an altitude of no more than 400 feet AGL.

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

8. Flights will be terminated at 20% battery power reserve should that occur prior to 

30 minutes.

9. Crew for each operation will consist of the UAS Operator, and may include one or 

more Visual Observers and a security coordinator.
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10. The sUAS operator will be a Aerial Indigo trained operator and will hold a valid 

driver's license or a FAA third class medical certificate.

11. A briefing will be conducted in regard to the planned sUAS operation prior to each 

flight. All Aerial Indigo personnel who will be participating in that flight shall be 

present for the preflight briefing.

12. When necessary, and at least 72 hours prior to flight, the operator will file FAA 

Form 7711-1, or its equivalent, with the appropriate Flight Standards District 

Office.

13. Observer and Operator will at all times be able to communicate by voice with each 

other.

14. When necessary, permission from relevant property owners will be obtained.

15. If the sUAS suffers a ‘lost link’, the sUAS will perform the predetermined flight 

maneuver to land as soon as practical as outlined in the preflight briefing. 

16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies.

17. All accidents and incidents shall be recorded in the aircraft log and reported in 

accordance with FAA directives.

Summary

Aerial Indigo intends to comply with every applicable regulation to the operation of the 

sUAS. Each request for exemption has been made with the understanding that Aerial Indigo is 

able to conduct operations that are at least as safe as or safer than those commercial 

operations that currently are conducted by manned aircraft. 

Aerial Indigo’s proposed exemptions and operational limitations are very closely 

aligned with other exemptions already granted, and also with pending proposed 14 CFR 

§91.107, which is specific to the operation of ‘micro’ unmanned aircraft. The proposed 14 

CFR §91.107 has been attached for reference. 
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Although the sUAS is above the weight restrictions for the proposed rule, it is 

applicable in nearly every other instance. In the event that 14 CFR §91.107 becomes 

effective, Aerial Indigo will be submitting a request to operate within those guidelines with 

minor exemptions to be addressed at a later date. 

I appreciate your assistance with this process, as I am aware of the massive 

undertaking that these exemption requests are. Please contact me at your convenience with 

any questions regarding this request.

Thank You,

Justin S Schneider

Managing Member and Chief Operator

Aerial Indigo, llc

Attached: Proposed 14 CFR §91.107, per UAS America Fund, llc
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UAS America Fund LLC

Micro Unmanned Aircraft

Proposed Part 107

§107.1 Applicability.

This part prescribes rules governing the operation of micro unmanned aircraft in the United States. For purposes 

of this part, a micro unmanned aircraft means a device capable of sustaining its own powered flight in the air, that 

is operated without the possibility of direct human intervention from within or on the device, and that:

a) Weighs 3 pounds or less gross takeoff weight, including power source and payload;

b) Is powered by an electric battery or other non-combustion power source;

c) Is operated for a business, commercial, scientific, academic, research or other non-recreational purpose; 

and is not a “model aircraft” subject to Public Law 112-95 § 336.

§107.3 Waivers.

No person may conduct operations that require a deviation from this part except

under a written waiver issued by the Administrator.

§107.5 Careless or reckless operations.

a) No person may operate a micro unmanned aircraft in a careless or reckless manner so as to endanger the 

life or property of another.

b) No person may allow an object to be dropped from a micro unmanned vehicle if such action creates a 

hazard to other persons or property.

§107.7 Certification, registration and other requirements.

c) Notwithstanding any other section pertaining to certification of aircraft or their parts or equipment, micro 

unmanned aircraft and their component parts and equipment (including ground station or radio control 

systems) are not required to meet the airworthiness certification standards specified for aircraft or to 

have certificates of airworthiness.

d) Notwithstanding any other section pertaining to registration and marking of aircraft, micro unmanned 

aircraft are not required to be registered or to bear markings of any type, except that the name, address, 

and telephone number of the owner or operator shall be affixed to at least two externally visible locations 

on the micro unmanned aircraft.

e) Notwithstanding any other section, micro unmanned aircraft operated pursuant to this part are not 

subject to any other federal aviation regulation, including any provision of parts 21, 45, 47, 61, or 91.

§107.9 Daylight operations.

a) No person may operate a micro unmanned aircraft except between the hours of sunrise and sunset.

b) Notwithstanding paragraph (a) of this section, micro unmanned aircraft may be operated during the 

twilight periods 30 minutes before official sunrise and 30 minutes after official sunset, or, in Alaska, 

during the period of civil twilight as defined in the Air Almanac, if:

1)The micro unmanned aircraft is equipped with an operating anti-collision light visible for 

at least 3 statute miles; and

2)All operations are conducted in uncontrolled airspace.
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§107.11 Operation near aircraft; right-of-way rules.

a) Each person operating a micro unmanned aircraft shall continually maintain vigilance so as to see and 

avoid aircraft and shall yield the right-of-way to all manned aircraft.

b) No person may operate a micro unmanned aircraft in a manner that creates a collision hazard with 

respect to any aircraft.

c) Each person operating a micro unmanned aircraft, upon hearing engine, rotor, or propeller sounds from 

an aircraft uninvolved in the operation, shall take precautionary steps to identify the altitude and flight 

direction of the uninvolved aircraft and yield right of way.

§107.13 Operating limitations: altitude, airspace and locations.

a) No person may operate a micro unmanned vehicle at an altitude greater than 400 feet above ground level 

(AGL).

b) No person may operate a micro unmanned vehicle within Class B, Class C, or Class D airspace or within the 

lateral boundaries of the surface area of Class E airspace designated for an airport, unless that person has 

prior authorization from the ATC facility having jurisdiction over that airspace. 

c) No person may operate a micro unmanned aircraft within 5 nautical miles of the geographic center of an 

airport as denoted on a current FAA-published aeronautical chart unless that person has prior written 

authorization from that airport’s management. This restriction does not apply to airports that are closed 

or abandoned.

d) No person may operate a micro unmanned aircraft beyond his or her visual line of sight (VLOS). During 

the flight operation, the operator must be able to view the micro unmanned aircraft at all times using his 

or her own natural vision (which includes the use of vision corrected by standard eyeglasses or contact 

lenses but excludes the use for flight navigation purposes of vision-enhancing devices such as binoculars, 

night vision goggles, powered vision magnifying devices, or video glasses designed to provide a “first 

person view” from a camera mounted on the micro unmanned aircraft), and must visually scan the 

surrounding airspace to see and avoid other air traffic. The maximum operating distance of a micro 

unmanned aircraft system from the operator under this subsection is 2,640 feet, regardless of the visual 

acuity of the operator.

e) No person may operate a micro unmanned aircraft closer than 100 feet from any persons uninvolved in 

the operation.

f) No person may operate a micro unmanned aircraft over an open-air assembly of persons.

g) No person may operate a micro unmanned aircraft in special use airspace designated under Part 73 unless 

that person has permission from the using or controlling agency, as appropriate.

h) No person may operate a micro unmanned aircraft over privately-owned property without the express or 

implied permission from the property owner, tenant in possession, or an authorized representative 

thereof.

i) No person may operate a micro unmanned aircraft system within 5 nautical miles of any forest fire 

without authorization from the incident commander.

j) Prior to operating a micro unmanned aircraft under this part, the operator shall become familiar with all 

pertinent information concerning the proposed operational location, including but not limited to review 

of relevant NOTAMs.

k) Any person intending to operate a micro unmanned aircraft within one mile of any active emergency shall 

first check for any NOTAMs with respect to restrictions on operations in that location.

§ 107.15 Meteorological conditions.

All flights under this part must be conducted under visual meteorological conditions. A micro unmanned aircraft 

may not be operated under this part less than 500 feet below, or less than 2,000 feet horizontally from, a cloud; or 

when visibility is less than 3 statute miles from the operator.

§107.17 Operating limitations: ground speed.

No person may operate a micro unmanned aircraft in excess of 40 knots ground speed.
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§107.19 Operator qualifications.

a) An operator of a micro unmanned aircraft system under this part must be at least 18 years of age.

b) No person may operate a micro unmanned aircraft system under this part without first passing the FAA 

private pilot written airman knowledge test administered by an FAA-accredited pilot school or test center. 

Prior to any operation under this part, the operator shall send written notification to the FAA evidencing 

the test results together with the operator's name and contact information, which submission the 

Administrator will acknowledge in writing as constituting the operator's micro unmanned aircraft pilot 

certificate for purposes of 49 USC § 44711. This subsection shall not apply to micro unmanned aircraft 

systems operated as public aircraft.

c) The FAA may pursue investigation and enforcement procedures set out in part 13 with respect to the 

operator of a micro unmanned aircraft systems, including potential suspension or revocation of a micro 

unmanned aircraft pilot certificate held by its operator.

d) Any other FAA pilot certificate that has as a requisite a written airman knowledge test may, if said 

certificate is current and in good standing, serve as a micro unmanned aircraft pilot certificate under 

subsection (b) even if the operator is unable to provide evidence of his or her written test results. Such 

pilot certificates will constitute the operator's micro unmanned aircraft pilot certificate for purposes of 49 

USC § 44711 and part 13.

e) No person shall operate a micro unmanned aircraft for hire or for a commercial purpose (other than 

research and development activities relating to the micro unmanned aircraft or its related systems and 

components), without first undertaking and documenting the following steps to gain experience and 

proficiency with the micro unmanned aircraft model:

1) Review of the micro unmanned aircraft manufacturer's operating manuals and any instructional 

videos provided by the manufacturer.

2) At least 5 hours of total operating flight time; and

3) At least 25 takeoff-and-landing sequences. 

f) All operations under this part (including training) shall be documented and recorded in a permanent place 

such as a log book. For the purposes of meeting the minimum requirements of this subsection, each 

person must record the following information for each micro unmanned aircraft flight:

1) Date and time

2) Micro unmanned aircraft type, make, model

3) Route and boundaries of flight

4) Total duration of flight

5) Weather conditions of flight

6) Number of landings

7) Total flight time and/or lesson time

8) Remarks or other pertinent details

§107.21 Alcohol or drugs.

a) No person may operate a micro unmanned aircraft —

1) Within 8 hours after the consumption of any alcoholic beverage;

2) While under the influence of alcohol;

3) While using any drug that affects the person's faculties in any way contrary to safety; or

4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol 

concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of 

breath.
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§107.23 Insurance.

a) No person shall operate a micro unmanned aircraft for hire or for a commercial purpose (other than for 

research and development of the micro unmanned aircraft or its systems and components) unless he or 

she has in effect liability insurance coverage that at a minimum meets or exceeds the minimum motor 

vehicle insurance coverages for both property damage and bodily injury required in the state in which the 

operation occurs, and that has been issued specifically to insure against risks of the operation of the micro 

unmanned aircraft.

b) Insurance coverage to meet the requirements of this part shall be obtained from one or more of the 

following:

1) An insurer licensed to issue aircraft accident liability policies in any State, Commonwealth, or 

Territory of the United States, or in the District of Columbia; or 

2) Surplus line insurers named on a current list of such insurers issued and approved by the 

insurance regulatory authority of any State, Commonwealth, or Territory of the United States or 

of the District of Columbia. 

c) All person who have operated micro unmanned aircraft under this part must present their logbook, proof 

of insurance, and evidence of submission to the FAA Administrator their written test results or their valid 

pilot certificate, or any other record required by this part for inspection upon a reasonable request bya. The Administrator; 

b. An authorized representative of the National Transportation Safety Board; or 

c. Any Federal, State, or local law enforcement officer.

§107.25 Accident reporting.

In connection with any operation under this part, any incident involving $1,000 or more in third-party property 

damage, and any accident involving any bodily injury, must be reported to the nearest FAA Flight Standards District 

Office within three business days. Accidents involving a serious injury or death shall be reported to the NTSB 

pursuant to 49 CFR § 830.