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																																																				January	20,	2015

U.	S.	Department	of	Transportation,	Docket	Operations

West	Building	Ground	Floor,	Room	w12-140

1200	New	Jersey	Ave.,	SE

Washington,	D.C.	20590-0001

RE: Petition	for	Exemption	from	Certain	Federal	Aviation	Regulations,	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	

2012.

Dear	Sir	or	Madam:

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

(the	“Reform	Act”),	my	client	AeroVest,	LLC	(“Petitioner”	or	“AeroVest”),	

hereby	petitions for	an	exemption	from	the	Federal	Aviation	Regulations	

(“FARs”)	described	below	and	any	other	exemptions	necessary	to	allow	

AeroVest to	operate	four small	Unmanned	Aircraft	Systems (“UAS”),	the	DJI	

Phantom	2	Vision,	DJI	Phantom	3 Advanced, DJI	Phantom	3	Professional and	

DJI	Inspire	1, described	in	greater	detail	below for	on-demand	commercial	

UAS	operations	for aerial	data	collection, aerial	photography	and	

videography.

Introduction

AeroVest intends	to	operate	as	a full	service	unmanned	aircraft,	multi	media	

production	company currently	with	offices	in	Los	Angeles and	Connecticut.		

AeroVest features	advanced,	cutting	edge	technologies	and	equipment	that	

enable pilotage	of the	finest	cameras	guided	by	qualified	FAA	licensed	pilots
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using a	safe,	state	of	the	art UASs described	herein.		AeroVest is	dedicated	to	

providing	creative,	innovative	solutions	as	well	as delivering	safe,	efficient	

and	reliable	services	to	clients	around	the	globe.	 AeroVest features real	time	

analysis	of	video	and	data	and	post	flight	production	of	reports	and images.	

We	will	specialize	in	aerial	photography	and	videography for	commercial	

advertising,	television, films,	travel and	tourism,	special	events	and	

action/adventure. 		AeroVest is	equipped	to meet	all	professional,	precision	

media-marketing	needs in	a	safe,	effective	manner.		AeroVest’s operations	

utilizing	the	UASs described	herein	will	consist	of	such	commercial	aerial	

data	collection,	aerial	photography	and videography.		AeroVest will	utilize	

only safe,	experienced	pilots	to	act	as	Pilot	in	Command	(PIC)	of	its	UASs,	

possessing	sufficient	aeronautical	knowledge	and	experience	to	operate	

safely	at	all	times	in	the	National	Air	Space	under	the	parameters	set	forth	

below.

As	such,	AeroVest Inc.	hereby	applies	for	an	exemption	from	the	listed	

Federal	Aviation	Regulations	(“FARs”)	to	allow	commercial	operations	of	its	

UASs described	in	greater	detail	below,	so	long	as	such	operations	are	

conducted	within	and	under	the	conditions	outlined	herein	or	as	may	be	

established	by	the	FAA	as	required	by	Section	333.

The	name	and	address	of	the	Petitioner is:

AeroVest,	LLC

Attn.	Chris	Culver

163	Oldfield	Road,	Suite	4

Fairfield,	CT	06824

This	exemption	Application	is	expressly	submitted	to	fulfill	Congress’	goal	in	

passing	Section	333(a)	through	(c)	of	the	Reform	Act.	This	law	directs	the	

Secretary	of	Transportation	to	consider	whether	certain	unmanned	aircraft	

systems	may	operate	safely	in	the	national	airspace	system	(NAS)	before	

completion	of	the	rulemaking	required	under	Section	333	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	light	of	the	following:

 The	UAS’s	size,	weight,	speed,	and	operational	capability
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 Operation	of	the	UAS	in	close	proximity	to	airports	and	populated	

areas

 Operation	of	the	UAS	within	the	visual	line	of	sight	of	the	operator.

Reform	Act	§333	(a).	Lastly,	if	the	Secretary	determines	that	such	aircraft

“may	operate	safely	in	the	national	airspace	system,	the	Secretary	shall	

establish	requirements	for	the	safe	operation	of	such	aircraft	in	the	national	

airspace	system.”	Id.	§333(c)	

Petitioner interprets	this provision	to	place	the	duty	on	the	Administrator	to	

not	only	process	applications	for	exemptions	under	Section	333,	but	for	the	

Administrator	to	craft	conditions	for	the	safe	operation	of	the	UAS,	if	it	

should	be	determined	that	the	conditions	set	forth	herein	do	not	fulfill	the	

statutory	requirements	for	approval.	The	Federal	Aviation	Act	expressly	

grants	the	FAA	the	authority	to	issue	exemptions.	This	statutory	authority	by	

its	term	includes	exempting	civil	aircraft,	as	the	term	is	defined	under	

§40101	of	the	Act	that	includes	UASs,	from	the	requirement	that	all	civil	

aircraft	must	have	a	current	airworthiness	certificate.

The	Administrator	may	grant	an	exemption	from	a	requirement	of	a	

regulation	prescribed	under	subsection	(a)	or	(b)	of	this	section	or any	

sections	44702-44716	of	this	title	if	the	Administrator	finds	the	exemption	

in	the	public	interest.	49	U.S.C.	§44701(f). See	also 49	U.S.C.	44711(a);	49	

U.S.C.	§44704;	14	CFR	§91.203	(a)(1).		

A	party	requesting	an	exemption	must	explain	the	reasons	why	the	

exemption:	(i)	would	benefit	the	public	as	a	whole,	and	(ii)	would	not	

adversely	affect	safety	or	how	it	would	provide	a	level	of	safety	at	least	equal	

to	the	existing	rules.	14	C.F.R.	§	11.81.		As	described	more	fully	below,	the	

requested	exemption	would	permit	the	operation	of	a	small,	unmanned	and	

relatively	inexpensive	UAS	under	controlled	conditions	in	airspace	that	is	1)	

limited	2)	predetermined	3)	controlled	as	to	access	and	4)	would	provide	

safety	enhancements	to	the	already	safe	operations	using	conventional	

aircraft.		Approval	of	this	exemption	would	thereby	enhance	safety	and	fulfill	

the	Secretary	of	Transportation’s	(the	FAA	Administrator’s)	responsibilities	

to	“...establish	requirements	for	the	safe	operation	of	such	aircraft	systems	

in	the	national	airspace	system.”	Section	333(c)	of	the	Reform	Act.
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Safety	Measures	and	Public	Interest	Benefits

Approval	of	exemptions	set	forth	below	allows	commercial	operations	of	

UASs	and will	enhance	safety	by	reducing	risk.	Conventional	operations,	

using	jet	or	piston	power	aircraft,	operate	at	extremely	low	altitudes	just	feet	

from	the	subjects	being	filmed	and	in	extreme	proximity	to	people	and	

structures	and	present	the	risks	associated	with	vehicles	that	weigh	in	the	

neighborhood	of	4,000	lbs.,	carrying	large	amounts	of	jet	A	or	other	fuel.	

Such	aircraft	must	fly	to	and	from	the	operational	location.		In	contrast,	a	

UAS, such	as	those to	be	utilized	by	AeroVest,	each	weighing	significantly	

less than	55 lbs.	including	payload	and	powered	by	batteries eliminates	

virtually	all	of	that	risk	given	the	reduced	mass	and	lack	of	combustible	fuel	

carried	on	board.	The	UAS is	carried	to	the	operation	site	and	not	flown.	The	

UAS will	carry	no	passengers	or	crew	and,	therefore,	will	not	expose	them	to	

the	risks	associated	with	manned	aircraft	flights.

The	operation	of	such small	UASs,	conducted	in	the	strict	conditions	outlined	

herein,	will	provide	an	equivalent	or	greater	level	of	safety	supporting	the	

grant	of	the	exemptions	requested	herein,	including	exempting	the	

Petitioner 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	with	turbine	helicopters	and	other	

aircraft	operating	in	close	proximity	to	the	ground	and	people.

Names and	types of	UASs for	which	Petitioner seeks	the	exemptions	set	

forth	herein:		

DJI	PHANTOM	2	VISION

The	DJI	Phantom	2	Vision	is	a	lightweight,	multi-functional	integrated	

aircraft	and	camera.		The	high	capacity,	high	performance	5200mAh	Lithium	

Polymer	battery	provides up	to	25	minutes	of	flight	time.		It	provides	battery	

capacity	data,	over	charge/discharge	protection,	as	well	as	maintenance	

reminders.

Phantom	2	Vision	Weight	– 1160g		(2.6	lbs)

Maximum	payload	- 1350g		(3.0	lbs)

Maximum	flight	speed	- 15m/s

Maximum	Ascent	Speed	- 6m/s	

Maximum	Descent	Speed	- 2m/s

Maximum	flight	time	– approximately	25	minutes
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Runs	on	a	DJI	5200mAh	Li-Po	Battery

This	UAS	has	previously	been	exempted	in	at	least	the	following exemptions:

Exemption	No.	11625,	Regulatory	Docket	No.	FAA-2015-0551

Exemption	No.	12646,	Reg	Doc.	No.	FAA-2015-1602

DJI	PHANTOM	3 ADVANCED

The	Phantom	3	Advanced	represents	the	next	generation	of	DJI	quadcopters.		

It	is	capable	of	capturing	1080p	video	and	transmitting	an	HD	video	signal	

out	of	the	box.		The	built-in	camera	has	an	integrated	gimbal	to	maximize	

stability	while	minimizing	both	weight	and	size.		Even	when	no	GPS	signal	is	

available	the	Vision	Positioning	System	allows	the	aircraft	to	hover	

accurately	in	place.		The	next-generation	flight	controller	has	been	updated	

to	provide	a	safer,	more	reliable	flight	experiences.		

Phantom	3	Advanced	Weight	– 1280g		(2.8 lbs)

Maximum	speed		- 16	m/s

Max	ascent	speed	- 5	m/s

Max	descent	speed	- 3	m/s

Maximum	flight	time	– approximately	23 minutes

Battery	- LiPo	45

This	UAS	has	previously	been	exempted	in	at	least	the	following exemptions:

Exemption	No.	11481	Regulatory	Docket	No.	FAA-2015-0217

Exemption	No.	12901	Regulatory	Docket	No.	FAA-2015-2672

DJI	PHANTOM	3	PROFESSIONAL

The	Phantom	3	Professional	also	represents	the	next	generation	of	DJI	

quadcopters.	It	is	capable	of	capturing 4K	video	and	transmitting	an	HD	

video	signal	out	of	the	box.	The	built-in	camera	has	an	integrated	gimbal	to	

maximize	stability	while	minimizing	both	weight	and	size.		Like	the	DJI	

Phantom	3	Advanced,	the	Professional’s	next-generation	flight	controller	has	

been	updated	to	provide	a	safer,	more	reliable	flight	experience.	 A	newly	

implemented	flight	recorder	stores	critical	data	from	each	flight	and	the	

Vision Positioning	System	enhances	hovering	precision.

Phantom	3	Professional Weight	– 1216	g		(2.8 lbs)

Maximum	speed		- 16	m/s

Max	ascent	speed	- 5	m/s

Max	descent	speed	- 3	m/s

Maximum	flight	time	– approximately	23 minutes

Battery	– LiPo	45
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This	UAS	has	previously	been	exempted	in	at	least	the	following	exemptions:

Exemption	No.	14364	Regulatory	Docket	No.	FAA-2015-4459

Exemption	No.	11481	Regulatory	Docket	No.	FAA-2015-0217

Exemption	No.	12901	Regulatory	Docket	No.	FAA-2015-2672

DJI	INSPIRE	1

The	DJI	Inspire	1 is	marketed	as	DJI’s	most	advanced	complete	package.		All	

of	the	latest	aerial	technology	is	packed	into	a	simple,	ready	to	fly	system.		

When	in	flight,	the	remaining	battery	power	is	shown	live,	letting	the	PIC	

know	how	long	the	PIC	can	continue	to	flight.		Advanced	algorithms	calculate	

the	distance	of	the	UAS	and	estimated	time	to	return	home,	letting	the	PIC	

know	when	it	is	time	to	fly	back.		The	battery	reports	the	voltage	of	each	cell,	

the	total	lifetime	charges	and	discharges,	and	the	overall	health	and	battery	

status.		In	flight	the	position	of	the	Inspire	1	is	constantly	updated	and	

recorded	using	a	high-strength,	intelligent	GLONASS	+	GPS	system.		

Maximum	Weight	– 2935	g		(6.5	lbs)

Maximum	speed	– 22	m/s

Maximum	Ascent	Speed	- 5	m/s

Maximum	Descent	Speed	- 4	m/s

Maximum	flight	time	– Approximately	18	minutes

The	Intelligent	Flight	Battery	is	a	LiPo	65	High	voltage	battery.

This	UAS	has	previously	been	exempted	in	at	least	the	following exemptions:

Exemption	No.	12646,	Reg	Doc.	No.	FAA-2015-1602

Exemption	No.	11481	Regulatory	Docket	No.	FAA-2015-0217

Exemption	No.	12901	Regulatory	Docket	No.	FAA-2015-2672

Petitioner is	in	possession of	the	operating	and	safety	manuals	for	each	of	these	

UASs	and	will	be	happy	to	submit	to	the	Examiner	upon	request.		Each	

document	is	approximately	75	pages.		Each	of	these	UASs	have	been	previously	

approved	for	commercial	use	by	the	FAA	as	set	forth	above	and	Petitioner does	

not	wish	to	inundate	the	Examiner	with	manuals	it	most	likely	already	has	on	

hand	from	prior	petitions.		Nonetheless,	if	the	Examiner	wishes	for	Petitioner to	

submit such	manuals	by	separate mail,	please	contact	my	office	and	we	will	

gladly	do	so.		The	manuals	for	each	may	be	found	using	the	following	links,	

respectively:

http://dl.djicdn.com/downloads/phantom-2-vision/en/Phantom_2_Vision_User_Manual_v1.8_en.pdf

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual__V1.6.pdf

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf
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https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_en_v2.0_1218.pdf

AeroVest’s	UASs are	rotorcraft,	all	weighing	significantly	less	than	55	pounds

including	payload.	Each operates,	under	normal	conditions,	at	speeds of	no	

more	than	45 knots and	have the	capability	to	hover	and	move	in	the	vertical	

and	horizontal	plane	simultaneously. Each will	operate	only	in	line	of	sight	

and	will	operate	only	within	a	sterile	area.		Such	operations	will	insure	that	

the	UAS being	utilized	will	“not	create	a	hazard	to	users	or	the	nation	

airspace	system	or	the	public.”	Reform	Act	Section	333	(b).

All	flights	will	occur	over	private	or	controlled	access	property	with	the	

property	owner’s	prior	consent	and	knowledge.	Filming	will	be	of	people	

who	have	also	consented	to being	filmed	or	otherwise	have	agreed	to	be	in	

the	area	where	filming	will	take	place.

In	all	cases of	operation	of	each	UAS,	the	PIC	will	hold	either	an	airline	

transport,	commercial,	private,	recreational,	or	sport	pilot	certificate.		The	

PIC	will	also hold	a	current	FAA	airman	medical	certificate	or	a	valid	U.S.	

driver’s	license	issued	by	a	state,	the	District	of	Columbia,	Puerto	Rico,	a	

territory,	a	possession,	or	the	Federal	government.		The	PIC	will	also	meet	

the	flight	review	requirements	specified in	14	CFR	Section	61.56	in	an	

aircraft	in	which	the	PIC	is	rated	on	his	or	her	pilot	certificate.		AeroVest	will	

not	permit	any	PIC	to	operate	a	UAS	unless	the	PIC	demonstrates	the	ability	

to	safely	operate	the	UAS	in	a	manner	consistent	with	how	the	UAS	will	be	

operated	under	the	exemption	if	granted,	including	evasive	and	emergency	

maneuvers	and	maintaining	appropriate	distances	from	persons,	vessels,	

vehicles	and	structures.			PIC	qualification	flight	hours	and	currency	will	be	

logged	in	a	manner	consistent	with	14	CFR	Section	61.51(b).		PIC	and	

observer	will	have	been	trained	in	operation	of	UAS	generally	and	received	

up-to-date	information	on	the	particular	UAS	to	be	operated.

Given	the	small	size	of	the	UASs involved	and	the	restricted	sterile	

environment	within	which	they will	operate,	the	Petitioner falls	squarely	

within	that	zone	of	safety	(an	equivalent	level	of	safety)	in	which	Congress	

envisioned	that	the	FAA	must,	by	exemption,	allow	commercial	operations	of	

UASs	to	commence	immediately.	Also	due	to	the	size	of	the	UASs and	the	

restricted	areas	in	which	the	UASs will	operate,	approval	of	the	application	

presents	no	national	security	issue.	Given	the	clear	direction	in	Section	333	

of	the	Reform	Act,	the	authority	contained	in	the	Federal	Aviation	Act,	as	

amended;	the	strong	equivalent	level	of	safety	surrounding	the	proposed	

operations,	and	the	significant	pubic	benefit,	including	enhanced	safety,	
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reduction	in	environmental	impacts,	including	reduced	emissions	associated	

with	allowing	UASs,	the	grant	of	the	requested	exemptions	is	in	the	public	

interest.	

Regulations	from	which	the	exemption	is	requested

AeroVest	requests	the	following	exemptions for	the	reasons	set	forth	herein:

14	CFR	Part	21

14	CFR	45.23(b)

14	CFR	61.101(e)(4)	and	(5)

14	CFR	61.113	(a)	and	(b)

14	CFR	61.23	(a)	and	(c)

14	CFR	61.315	(a)

14	CFR	91.7(a)

14	CFR	91.9(b)(2)

14	CFR	91.103

14	CFR	91.109

14	CFR	91.119

14	CFR	91.121

14	CFR	91.126

14	CFR	91.127

14	CFR	91.129

14	CFR	91.130

14	CFR	91.131

14	CFR	91.133

14	CFR	91.137

14	CFR	91.144

14	CFR	91.145

14	CFR	91.151(a)

14	CFR	91.203	(a)	and	(b)

14	CFR	91.405	(a)

14	CFR	407	(a)(1)

14	CFR	409	(a)(1)

14	CFR	409	(a)(2)

14	CFR	417	(a)	and	(b)
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Justifications	for	Exemption	Requests

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	UASs to	be	utilized	by	the	Petitioner,	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	population	areas	of	the	particular	UAS.	In	all	cases,	

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	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.	

The	UASs to	be	operated	hereunder are	each significantly	less	than	55 lbs.	

fully	loaded (2.7	lbs	to	6	lbs),	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	their Manuals.	Unlike	other	civil	aircraft,	

operations	under	this	exemption	will	be	tightly	controlled	and	monitored	by	

both	the	PIC,	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	

filming.			These	safety	enhancements,	which	already	apply	to	civil	aircraft	

operated	in	connection	with	motion	picture	and	television	production	

provide	a	greater	degree	of	safety	to	the	public	and	property	owners than	

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	UAS to	be	utilized	by	AeroVest,	due	to	its	size,	speed	of	operation,	

location	of	operation,	lack	of	explosive	materials	or	flammable	liquid	fuels,	

and	inability	to	carry	a	substantial	external	load.	
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14	C.F.R.	§45.23(b).	Marking	of	the	Aircraft

This	regulation	requires	that	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	UASs will	have	no	airworthiness	certificates,	an	exemption	

may	be	needed	as	the	UASs will	have	no	entrance	to	the	cabin,	cockpit,	or	

pilot	station	on	which	the	word	“Experimental”	can	be	placed.	Given	the	size	

of	the	UASs,	two-inch	lettering	will	be	impossible.	The	word	“Experimental”	

will	be	placed	on	the	fuselage	in	compliance	with	§45.29(f).

The	equivalent	level	of	safety	will	be	provided	by	having	the	UASs marked	on	

their fuselages as	required	by	§45.29(f)	where	the	PIC,	observer	and	others	

working	with	the	UASs will	see	the	identification	of	the	UASs as	

“Experimental.”	The	FAA	has	issued	at	least	the	following	exemptions	to	this	

regulation	in	Exemptions	Nos.	10700,	8738,	10167	and	10167A.

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

Pilot	in	Command.

Sections	61.113(a)	and	(b)	limit	private	pilots	to	non-commercial

operations.	Because	the	UAS will	not	carry	a	pilot	or	passengers,	the	

proposed	operations	can	achieve	the	equivalent	level	of	safety	of	current	

operations	by	requiring	the	PIC	operating	the	aircraft	to	have	sport,	

recreational	or private	pilot’s	license	rather	than	a	commercial pilot’s	license	

to	operate	these small	UASs.	Unlike	a	conventional	aircraft	that	carries	the	

pilot	and	passengers,	the	UASs	to	be	utilized	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.	The	level	of	safety	to	be	

required exceeds	that	provided	by	a	single	individual	holding	a	commercial	

pilot’s	certificate	operating a	conventional	aircraft.	The	risks	associated	with	

the	operation	of	the	UASs	to	be	utilized are	so	diminished	from	the	level	of	

risk	associated	with	commercial	operations	contemplated	by	part	61	when	

drafted,	that	allowing	operations	of	the	UASs as	requested	with	a	certificated	

pilot	as	the	PIC	exceeds	the	present	level	of	safety	achieved	by	14.	C.F.R.	
11

§61.113(a)	and	(b).		The	FAA	has	issued	at	least	the	following	exemptions to	

this	regulation: Exemption	Nos.	12135 and	11713.

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	UASs should	this	exemption	be	granted,	no	FAA	regulatory	standard	

will	exist	for	determining	airworthiness.	Given	the	size	of	the	UASs and	

AeroVest’s	following	the	requirements	contained	in	the	manufacturer’s	

manuals for	maintenance	and	use	of	safety	check	lists	prior	to	each	flight,	an	

equivalent	level	of	safety	will	be	provided.			The	FAA	has	issued	at	least	the	

following	exemptions	to	this	regulation:	Exemption	Nos.	12135	and	11713.

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

Section 91.9(b)(2)	provides	that	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	and	Rotorcraft	Flight	Manual,	approved	manual	

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

The	UASs	to	be	utilized,	given	their sizes and	configurations	have no	ability	

or	place	to	carry	such	a	flight	manual	on	them,	not	only	because	there	is	no	

pilot	onboard,	but	because	there	is	no	room	or	capacity	to	carry	such	an	item	

on	them.		The	equivalent	level	of	safety	will	be	maintained	by	keeping	the	

flight	manual	at	the	ground	control	point	where	the	pilot	flying	the	UAS will	

have	immediate	access	to	it.	The	FAA	has	issued	at	least	the	following	

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

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

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.	

The	PIC	will	take	all	actions	to	maximize	safety	including	reviewing	weather,	

flight	battery	requirements,	landing	and	takeoff	distances	and	aircraft	

performance	data	before	initiation	of	flight.
12

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.

UASs	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	from	flight	training	without	fully	

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

experimental	aircraft.	See Exemption	Nos.	5778K	and	9862A.	The	equivalent	

level	of	safety	is	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.

14	C.F.R.	§91.119: Minimum	of	Safe	Altitudes

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	 As	the	

Petitioner requests	authority	to	operate	at	altitudes	up	to	400	AGL,	or	not	

more	than	200 feet	above	an	elevated	platform	from	which	filming	is	

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

herein,	the	UAS	will	never	operate	at	higher	than	400	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,	and	

speed	of	the	UAS	as	well	as	the	location	where	it	is	operated.	No	flight	will	be	

taken	without	the	required	permission	of	the	property	owner	or	local	

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

participants	in	the	aerial	activity,	all	affected	individuals	will	be	aware	of	the	

planned	flight	operations.	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	500	AGL	other	industries.	In	addition,	the	low-altitude	

operations	of	the	UAS will	ensure	separation	between	these	small- UAS	

operations	and	the	operations	of	conventional	aircraft	that	must	comply	

with	Section	91.119.		The	FAA	has	issued at	least	the	following	exemptions	to	

this	regulation:	Exemption	Nos.	12135	and	11713.
13

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	UASs	to	be utilized do 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	PIC	confirming	the	altitude	

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

has	issued	at	least	the	following	exemptions	to	this	regulation:	Exemption	

Nos.	12135	and	11713.

14	C.F.R.	§91.126	Operating	on	or	in	the	vicinity	of	an	airport	in	Class	G	

airspace.	

This	regulation	requires,	in	relevant	part,	that	each	person	operating	an	

aircraft	on	or	in	the	vicinity	of	an	airport	in	a	Class	G	airspace	must	maintain	

two-way	radio	communications	with	the	control	tower	prior	to	4	nautical	

miles	from	the	airport.			Since	the	UASs	to	be	flown	do not	and	cannot	have	a	

two-way	radio,	and	given	the	size,	weight,	speed	and	limited	operational	

capabilities	of	the	UASs,	an	equivalent	level	of	safety	will	be	provided if	

exempted.

14	C.F.R.	§91.127	Operating	on	or	in	the	vicinity	of	an	airport	in	Class	E	

airspace.	

This	regulation	requires,	in	relevant	part,	that	each	person	operating	an	

aircraft	on	or	in	the	vicinity	of	an	airport	in	a	Class	E	airspace	must	maintain	

two-way	radio	communications	with	the	control	tower	prior	to	4	nautical	

miles	from	the	airport.			Since	the	UASs	to	be	flown	do not	and	cannot	have	a	

two-way	radio,	and	given	the	size,	weight,	speed	and	limited	operational	

capabilities	of	the	UASs,	and	equivalent	level	of	safety	will	be	provided if	

exempted.

14	C.F.R.	§91.129	Operations	in	Class	D	airspace.

This	regulation	requires,	in	relevant	part,	that	each	person	operating	an	

aircraft	in	Class	D	airspace	must	comply	with	§§91.126	and	91.127	and	the	

two-way	radio	communication	with	the	control	tower	prior	to	entering	that	

airspace	and	thereafter	maintain	those	communications	while	within	that	
14

airspace.		Since	the	UASs	to	be	flown	do not	and	cannot	have	a	two-way	

radio,	and	given	the	size,	weight,	speed	and	limited	operational	capabilities	

of	the	UASs,	an	equivalent	level	of	safety	will	be	provided if	exempted.

14	C.F.R.	§91.130	Operations	in	Class	C	airspace.

This	regulation	requires,	in	relevant	part,	that	each	person	operating	an	

aircraft	in	Class	C	airspace	must	comply	with	§91.129	and	that	the	aircraft	

must	be	equipped	with	the	applicable	equipment	specified	in	§91.215	(a	

transponder	and	automatic	altitude	reporting	equipment).		Since	the	UASs	to	

be	flown	do not	and	cannot	have	a	two-way	radio	or	a	transponder,	and	

given	the	size,	weight,	speed	and	limited	operational	capabilities	of	the	UASs,	

an equivalent	level	of	safety	will	be	provided if	exempted.

14	C.F.R.	§91.131	Operations	in	Class	B	airspace.	

This	regulation	requires,	in	relevant	part,	that	each	person	operating	an	

aircraft	in	Class	B	airspace	must	comply	with	§91.129;	must	receive	prior	

ATC	clearance	from	the	ATC	facility	having	jurisdiction	for	that	area;	must	

hold	a	certain	level	of	pilot	certification;	and	the	aircraft	must	be	equipped	

with	the	applicable	equipment	specified	in	§91.125	(a	transponder	and	

automatic	altitude	reporting	equipment).	Since	the	UASs	to	be	flown	do not	

and	cannot	have	a	two-way	radio	or	a	transponder,	and	given	the	size,	

weight,	speed	and	limited	operational	capabilities	of	the	UASs,	an	equivalent	

level	of	safety	will	be	provided if	exempted.

14	C.F.R.	§91.133	Restricted	and	prohibited	areas.	

This	regulation	requires,	in	relevant	part,	that	no	person	may	operate	an	

aircraft	within	a	restricted	area	(as	designated	in	Part	73),	contrary	to	the	

restrictions	imposed,	or	within	a	prohibited	area,	unless	that	person	has	the	

permission	of	the	using	or	controlling	agency,	as	appropriate.

Since	the	UASs to	be	flown	would	not	present	any	credible	threat	to	anything	

or	anyone	restricted	areas	are	intended	to	protect,	and	given	the	size,

weight,	speed	and	limited	operational	capabilities	of	the	UASs,	an	equivalent	

level	of	safety	will	be	provided if	exempted.	
15

14	C.F.R.	§91.137	Temporary	flight	restrictions	in	the	vicinity	of	

disaster/hazard	areas.	

This	regulation	requires,	in	relevant	part,	that	no	person	may	operate	an	

aircraft	within	an	area	designated	by	the	Administrator	through	a	Notice	to	

Airmen	(NOTAM),	as	one	in	which	temporary	flight	restrictions	apply	due	to	

certain	hazards	or	conditions	unless	certain	conditions	are	met.		Since	the	

UASs	to	be	flown	would	not	present	any	credible	hazards	to	persons	or	

property	on	the	surface,	and	given	the	size,	weight,	speed	and	limited	

operational	capabilities	of	the	UASs,	an	equivalent	level	of	safety	will	be	

provided if	exempted.

14	C.F.R.	§91.144	Temporary	restriction	on	flight	operations	during	

abnormally	high	barometric	pressure	conditions.	

This	regulation	requires,	in	relevant	part,	that	absent	a	waiver,	no	person	

may	operate	an	aircraft	or	initiate	a	flight	when	any	information	indicates	

that	barometric	pressure	on	the	route	of	flight	currently	exceeds	or	will	

exceed	31	inches	of	mercury.	 Given	the	size,	weight,	speed	and	limited	

operational	capabilities	of	the	UASs to	be	flown,	operation	can	be	conducted	

with	a	more	than	acceptable	level	of	safety,	and	an	equivalent	level	of	safety	

will	be	provided if	exempted.

14	C.F.R.	§91.145	Management	of	aircraft	operations	in	the	vicinity	of	

aerial	demonstrations	and	major	sporting	events.	

This	regulation	provides	that	the	FAA	will	issue	a	Notice	to	Airmen	(NOTAM)	

designating	an	area	of	airspace	in	which	a	temporary	flight	restriction	

applies	when	it	determines	that	a	temporary	flight	restriction	is	necessary	to	

protect	persons	or	property	on	the	surface	or	in	the	air,	to	maintain	air	

safety	and	efficiency,	or	to	prevent	the	unsafe	congestion	of	aircraft	in	the	

vicinity	of	an	aerial	demonstration	or	major	sporting	event.			Given	the	size,	

weight,	speed	and	limited	operational	capabilities	of	the	UASs to	be	flown,	

the	UASs would	not	present	any	credible	hazard	to	persons	or	property	on	

the	surface	or	in	the	air;	will	not	have	any	effect	on	air	safety	and	efficiency;	

and	will	not	cause	and	unsafe	congestion	of	aircraft	in	the	vicinity	of	an	

aerial	demonstration	or	major	sporting	event,	and	an	equivalent	level	of	

safety	will	be	provided if	exempted.
16

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	the	UASs for	which	exemption	is	sought	provide

approximately	18	to	25	minutes of	powered	flight depending	upon	the	UAS	

being	utilized.	To	meet	the	30-minute	reserve	requirement	in	14	C.F.R.	

§91.151,	Petitioner would	be	unable	to	engage	in	its	intended	UAS flights	at	

all.	Given	the	limitations	on	the	UASs’ proposed	flight	area	and	the	location	

of	their proposed	operations	within	a	predetermined	area,	a	longer	flight	

time	frame	for	flight	in	daylight	or	night	VFR	conditions	is	reasonable.	

Petitioner believes	than	an	exemption	from	14	C.F.R.	§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	UASs,	in	a	tightly	controlled	area	where	only	people	and	

property	owners	or	official	representatives	who	have	provided	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	UASs.	Additionally,	not	providing	the	exemption	

requested	would	prevent	usage	of	Petitioner’s	UASs.

Petitioner believes	that	an	equivalent	level	of	safety	can	be	achieved	by	

limiting	flights’	total	duration to 16	minutes	for	the	DJI	Inspire	1, 25	minutes	

for	the	DJI	Phantom	2	Vision, and	23	minutes	for	the	DJI	Phantom	3

Advanced	and	DJI	Phantom	3	Professional, or	25%	of	battery	power

remaining on	the	UAS	being	utilized,	whichever	happens	first.	This	

restriction	would	be	more	than	adequate	to	return	the	UAS being	utilized to

its	planned landing	zone	from	anywhere	in	its	limited	operating	area.	

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

Registration

The	regulation	provides	in	pertinent	part:
17

(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.

Each UAS	to	be	utilized,	fully	loaded	weighs	less significantly	less	than	55 lbs.

including	payload and	is	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	UAS.

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

the	ground	control	point	where	the	PIC will	have	immediate	access	to	them,	

to	the	extent	they	are	applicable	to	the	UAS.	The	FAA	has	issued	numerous	

exemptions	to	this	regulation.	A	representative	example	of	other	exceptions	

includes	Exemption	Nos.	9565,	9665,	9789,	9789A,	9797,	9797A,	9816A,	and	

10700.

14	C.F.R.	§91.405(a);	407(a)(1);	409	(a)(1);	409(a)(2);	417(a)	and	(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	the	Petitioner.	The	

operator	pursuant	to	the	manual for	each	UAS	will	accomplish	maintenance.	

An	equivalent	level	of	safety	will	be	achieved	because	the	small	UASs	being	

utilized	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	UAS being	utilized	can	land	immediately	and	will	be	operating	from	no	

higher	than	400	feet	AGL.			The PIC	will	ensure	that	the	UAS	is	in	working	

order	prior	to	initiating	flight,	perform	required	maintenance,	and	keep	a	log	

of	any	maintenance	performed.	 Moreover,	the	PIC is	the	person	most	

familiar	with	the	aircraft	and	best	suited	to	maintain	the	aircraft	in an	
18

airworthy	condition	to	provide	the	equivalent	level	of	safety.		The	FAA	has	

issued	exemptions	to	this	regulation	at	least	in	Exemption	Nos.	12135	and	

11713.

Additional Relief

In	addition	to	the	exemptions	listed	above,	AeroVest	requests	exemption	

from	such	other	rules	and	regulations	as	the	FAA	deems	appropriate	to	

enable	the	operations	described	herein.	Since	previous	exemptions	granted	

under	Section	333	of	the	Reform	Act	have	been	effective	for	two	years,	

AeroVest	also	requests	that	if	the	FAA	issues	interim	or	final	rules	applicable	

to	the	conditions	and	limitations	required	in	such	Grant	that	are	more	

burdensome	than	the	new	regulation	be	appropriately	modified	or	removed.

Operating	Parameters	for	UAS Use

The	Petitioner proposes	that	the	exemptions requested	herein	apply	to	civil	

aircraft	that	have	the	characteristics	and	that	operate	within	the	limitations	

listed	herein.	These	limitations	provide	for	at	least	an	equivalent	or	even	

higher	level	of	safety	to	operations	to the	public’s	benefit	under	the	current	

regulatory	structure	because	the	proposed	operations	represent	a	safety	

enhancement	to	the	already	safe	operations	conducted	with	conventional	

aircraft.	These	limitations	and	conditions	to	which	AeroVest agrees	to	be

bound	when	conducting	commercial	operations	under	an	FAA	issued	

exemption	include:

1. The	UAS being	utilized	will	weigh	significantly	less	than	55	lbs with	

payload.

2. Flights	will	be	operated	within	the	line	of	sight	of	PIC and/or	Visual	

Observer.

3. Visual	Observer	and	PIC will	at	all	times	be	able	to	communicate	by	voice.

4. Maximum	total	flight	time	for	each	operational	flight	will	be	18	minutes	

for	the	DJI	Inspire	1, 25	minutes	for	the	DJI	Phantom	2	Vision, and	23	

minutes	for	the DJI	Phantom	3 Advanced	and	DJI	Phantom	3	Professional.

Flights	will	be	terminated	at	25% remaining	battery	power reserve	

should	that	occur	prior	to	the	minute limits	set	forth	above	respectively.

5. Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	AGL or,	

not	more	than	200	feet	above	an	elevated	platform from	which	filming	is	

planned.	
19

6. All	flight	operations	will	be	conducted	at	least	500	feet	from	all	

nonparticipating	persons,	vessels,	vehicles,	and	structures	unless:

a. Barriers	or	structures	are	present	the	sufficiently	protect	

nonparticipating	persons	from	the	UAS being	utilized	and/or	debris	

in	the	event	of	an	accident.		The	PIC	will	ensure	that	

nonparticipating	persons	remain	under	such	protection.		If	a	

situation	arises	where	nonparticipating	persons	leave	such	

protection	and	are	within	500	feet	of	the	UAS being	utilized,	flight	

operations	will	cease	immediately	in	a	manner	ensuring	the	safety	

of	nonparticipating	persons;	and

b. The	owner/controller	of	any	vessels,	vehicles	or	structures	has	

granted	permission	for	operating	closer	to	those	objects	and	the	

PIC	has	made	a	safety	assessment	of	the	risk	of	operating	closer	to	

those	objects	and	determined	that	it	does	not	present	an	undue	

hazard.	(The	PIC,	visual	observer,	operator	trainees	and	essential	

persons	will	not	be	considered	nonparticipating	persons.)

7. The	UAS will	not	be	operated	less	than	500	feet	below	or	less	than	2,000	

feet	horizontally	from	a	cloud	or	when	visibility	is	less than	3	statue	miles	

from	the	Pilot	in	Command	(PIC)

8. Minimum	crew	for	each	operation	will	consist	of	the	UAS Pilot,	the	Visual	

Observer	and/or	the	Camera	Operator.

9. The	UAS Pilot	will	be	PIC. If	a	pilot	certificate	holder	other	than	the	UAS

Pilot,	who	possesses the	necessary	PIC	qualifications,	is	also	present	(i.e.	

the	Visual	Observer),	that	person	can	also	be	designated	as	the	PIC.

10. In	all	cases,	the	PIC	will	hold	either	an	airline	transport,	commercial,	

private,	recreational,	or	sport	pilot	certificate.		The	PIC	will	also	hold	a	

current	FAA	airman	medical	certificate	or	a	valid	U.S. driver’s	license	

issued	by	a	state,	the	District	of	Columbia,	Puerto	Rico,	a	territory,	a	

possession,	or	the	Federal	government.		The	PIC	will	also	meet	the	flight	

review	requirements	specified	in	14	CFR	Section	61.56	in	an	aircraft	in	

which	the	PIC	is	rated	on	his	or	her	pilot	certificate.

11. The	Visual	Observer	will	at	all	times	be	knowledgeable	in	the	safe	use	

of	the	UAS	being	utilized,	the	restrictions	and	requirements	in	the	333	

Exemption,	and	all	instructional	and	safety	information	contained	in	the	

operating	manual	for	the	UAS	being	utilized.

12. AeroVest	will	not	permit	any	PIC	to	operate	unless	the	PIC	has	

demonstrated the	ability	to	safely	operate	the	UAS	in	a	manner	consistent	

with	how	the	UAS	will	be	operated	under	the	exemption	if	granted,	

including	evasive	and	emergency	maneuvers	and	maintaining	

appropriate	distances	from	persons,	vessels,	vehicles	and	structures.		
20

13. PIC	qualification	flight	hours	and	currency	will	be	logged	in	a	manner	

consistent	with	14	CFR	Section	61.51(b).		

14. PIC	and	Visual	Observer will	have	been	trained	in	operation	of	UAS	

generally	and	received	up-to-date	information	on	the	particular	UAS to	be	

operated.			Training	operations	will	only	be	conducted	during	dedicated	

training	sessions.		During	training,	proficiency,	and	experience-building	

flights,	all	persons	not	essential	for	flight	operations	will	be	considered	

nonparticipants,	and	the	PIC	will	operate	the	UA	with	appropriate	

distance	from	nonparticipants	in	accordance	with	14	CFR	Section	91.119.

15. The	UAS being	utilized	will	only	operate	within	a	confined	“Sterile	

Area”	of	the	flight	operations	area.

16. A	briefing	will	be	conducted	in	regard	to	the	planned	UAS operations	

prior	to	each	day’s	activities.	It	will	be	mandatory	that	all	personnel	who	

will	be	performing	duties	within	the	boundaries	of	the	safety	perimeter	

be	present	for	this	briefing.	

17. Prior	to	each	flight	the	PIC	will	inspect	the	UAS being	utilized to	ensure	

that	it	is	in	condition	for	safe	flight.		If	the	inspection	reveals	a	

discrepancy,	the	aircraft	will	be	prohibited	from	operating	until	necessary	

maintenance	has	been	performed	and	the	UAS is	found	to	be	in	a	

condition	for	safe	flight.

18. AeroVest will	obtain	the	consent	of	all	persons	involved	and	ensure	

that	only	consenting	persons	will	be	allowed	within	100 feet	of	the	flight	

operation,	and	this	radius	may	be	reduced	to	30 feet	based	upon	an	

equivalent	level	of	safety	determination.

19. Written	and/or	oral	permission	from	the	relevant	property	holders	

will	be	obtained.	

20. All	required	permissions	and	permits	will	be	obtained	from	territorial,	

state,	county	or	city	jurisdictions,	including	local	law	enforcement,	fire,	or	

other	appropriate	governmental	agencies.

21. If	the	UAS loses	communications	or	loses	its	GPS	signal,	the	UAS	will	

have	the	capability	to	return	to	a	pre-determined	location	within	the	

Security	Perimeter	and	land.

22. The	UAS will	have	the	capability	to,	and	shall, abort	a	flight	in	case	of	

unpredicted	obstacles	or	emergencies.

23. The	UAS will	have	a	real	time	video	down	link	with	UAS remaining	

battery	power,	height	AGL,	distance	from	launch	point	and	current	speed.

24. The	UAS will	remain	clear	and	give	way	to	all	manned	aviation	

operations	and	activities	at	all	times.

25. The	UAS will	not	be	operated	by	the	PIC	from	any	moving	device	or	

vehicle.
21

26. Before	conducting	operations,	the	radio	frequency	spectrum	used	for	

operation	and	control	of	the	UAS will	comply	with	Federal	

Communications	Commission	(FCC)	or	other	appropriate	government	

oversight	agency	requirements.

27. All	maintenance	and	alterations	will	be	properly	documented	in	the	

aircraft	records.

28. Any	UAS that	undergoes	maintenance	or	alterations	that	affect	the	UAS	

operation	or	flight	characteristics	will	undergo	a	functional	flight	test	in	

accordance	with	the	applicable	operational	documents.

29. Petitioner will	institute	a	rigorous	maintenance	program	to	ensure	

airworthiness	of	each	UAS.		Petitioner will	follow	the	manufacturer’s	UAS

aircraft/component,	maintenance,	overhaul,	replacement,	inspection	and	

life	limit	requirements.

30. Each	UAS will	comply	with	all	manufacturer	Safety	Bulletins.

31. If	the	flight	involves	closed-set	motion	picture	and	television	filming	

and	production,	at	least	3	days	before	aerial	filming,	the	operator	of	the	

UAS	will	submit	a	written	Plan	of	Activities	to	the	local	Flight	Standards	

District	Office	(FSDO)	with	jurisdiction	over	the	area	of	proposed	filming.		

The	notification	may	be	waived	with	the	concurrence	of	the	FSDO.	The	3-

day	notification	period	will	include	at	least	the	following:

a. Dates	and	times	for	all	flights;

b. Name	and	phone	number	of	the	operator	for	the	UAS	aerial	filming;

c. Name	and	phone	number	of	the	person	responsible	for	the	onscene	operation	of	the	UAS;

d. Make,	model,	and	serial	or	N-Number	of	the	UAS	to	be	used;

e. Name	and	certificate	number	of	UAS	PICs	involved	in	the	aerial	

filming;

f. A	statement	that	the	operator	has	obtained	permission	from	

property	owners	and/or	local	officials	to	conduct	the	filming	

production	event;	the	list	of	those	who	gave	permission	will	be	

made	available	to	the	inspector	upon	request;

g. Signature	of	exemption	holder	or	representative;	and

h. A	description	of	the	flight	activity,	including	maps	or	diagrams	of	

any	area,	city,	town,	county,	and/or	state	over	which	filming	will	be	

conducted	and	the	altitudes	essential	to	accomplish	the	operation.
22

Summary	to	be	Published	in	the	Federal	Register

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:

Petitioner:		AeroVest,	LLC

Petitioner seeks	exemption	from	the	following	rules:

14	C.F.R.	21,	subpart	H;	14	C.F.R.	45.23(b);	14	C.F.R.	101(e)(4)	and	(5);	14	

C.F.R.	61.113(a)	and	(b);	14	C.F.R.	61.23	(a)	and	(c);	14	C.F.R.	61.315	(a);	14	

C.F.R.	91.7(a),	91.9(b)(2),	91.103,	91.109,	91.119,	91.121,	91.126,	91.127,	

91.130,	91.131,	91.133,	91.137,	91.144,	91.145,	91.151(a),	91.203(a)	and	

(b),	91.405(a),	91.407(a)(1),	91.409(a)(1),	91.409(a)(2),	and	91.417(a)	and	

(b)	to	operate	commercially	small	unmanned	aircraft	system (UAS)	for	aerial	

data	collection,	and	aerial	photography	and videography,	subject	to	

operating	procedures	that	meet	or	exceed	those	that	the	FAA	requires	for	

similar	operations.		Petitioner will	conduct	all	operations	with	the	full	regard	

for	the	safety	of	manned	aircraft	in	flight	and	persons	and	property	on	the	

ground.

Conclusion

Satisfaction	of	the	criteria	provided	in	Section	333	of	the	Reform	Act	

regarding	size,	weight,	speed,	operating	capabilities,	proximity	to	airports	

and	populated	areas,	operation	within	visual	line	of	sight,	and	national	

security,	and	benefit	to	the	public provide	more	than	adequate	justification	

for	the	grant	of	the	requested	exemption	allowing	operation	of	AeroVest’s

UASs for	the purposes set	forth	herein.	Please	contact	me with	any	questions	

about	this	filing.		Based	upon	all	of	the	information	provided	above	and	the	

attachments	hereto,	the	Petitioner,	by	its	undersigned	legal	counsel,

respectfully	requests	that	the	FAA	grant	the	requested	exemption	without	

delay.

Sincerely,

/s/

William	Bee	Ravenel	Lewis

Attachment: 

AeroVest, LLC Pre-Flight Safety Checklist
23

AeroVest, LLC Safety Checklist used by Pilot prior to Flight of UASs:

Flight Procedure Outline

● Preliminary Flight Requirements

○ All necessary maintenance complete

○ Approval of flight acvity by all from whom approval is needed

○ Operating Manual of applicable UAS on hand and accessible for PIC

○ All Operating Manual requirements and additional checklists are complied with

○ Maximum Wind Gusng 25 knots

○ NO manned aircra near or within operang range

○ Secure landing space, level and free of obstruction

○ Flight planning for maximum of 18 to 25 minutes in flight depending upon UAS utilized

● Mission Plan and Briefing

○ Wind speed and direcon recorded in flight log preflight

○ All Flying will be manual, no pre-programmed missions

○ Operation in failsafe mode

○ All Baery powered equipment must be fully charged before takeoff

○ Ensure remote controller, battery and any mobile device are fully charged

○ Minimum Launch/Landing Space 10’ square

○ Available landing space downwind of planned flight path

○ UAV must be in route for landing before reaching 25% baery

● Pre Flight Check

○ GPS lock, transceiver lock, altude showing correct launch elevaon, compass accurate

○ Props secure

○ Baery secure

○ Camera Secure

○ Ensure propellers are securely mounted onto the motors

○ Calibrate Compass if necessary

○ Ensure app and aircraft’s firmware have been upgraded to latest version

○ Ensure that flight area is outside No-Fly zones and flight conditions are suitable

○ Knowledgeable of flight mode and safety functions and warnings

○ Know and observe all local regulations 

○ Lights acve

○ Communicaon systems checked

● Pre Mission Hover - Each flight will begin with a short low altitude hover to

 confirm all systems are ready for mission.

● Execute Flight Plan

*In case of any emergency during flight operations, the pilot will use his discretion maximizing 

safety to reroute mission for an early landing