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June 18, 2015

United States Department of Transportation

Federal Aviation Administration

Docket Management System

1200 New Jersey Avenue, NE

Washington, DC 20590

Filed in www.regulations.gov

Re: Petition for Exemption of Aerial Scouts Inc. under Section 333 of the FAA 

Modernization and Reform Act, 49 U.S.C. 44701(f), and 14 C.F.R. Part 11

Aerial Scouts Inc. ("Aerial Scouts") hereby seeks an exemption from certain Federal Aviation 

Regulations enumerated below, as authorized by Section 333 of the FAA Modernization and 

Reform Act (“Section 333”), Subsection 44701(f) of the Federal Aviation Act, and pursuant to 

the procedures set forth in Part 11 of the Federal Aviation Regulations, to allow Aerial Scouts to 

operate the DJI Phantom 3 Professional, DJI Matrice 100, 3DRobotics X8, and 3DRobotics 

Spektre to provide:

 Aerial sensor data collection

 Aerial survey, inspection, and photogrammetry

 Aerial photography services

Except in three respects, as explained below, Aerial Scouts will comply with the same conditions 

and limitations as provided in numerous Section 333 exemptions granted recently. Accordingly, 

we respectfully ask the FAA to grant this petition in summary fashion, and obviate Federal 

Register publication and public comment. 

Aerial Scouts is a Seattle-based, UAS Service Company. Aerial Scouts delivers a diverse 

product offering of aerial photography, 3D imaging, and data collection to the construction, 

inspection, and real estate industries. Providing information that will save our clients time and 

money in a safe manner is the company goal. Using UAS technology is at the core of our 

business plan as the information we can provide is either currently unobtainable or requires low 

flying manned aircraft or employees to put themselves in life-threatening situations.

The name of the applicant is Aerial Scouts LLC. The primary contact is Mr. Brian Holl, 1116 

23rd Ave E, Seattle, WA 98112. Telephone is 425-749-6300. His email is brian@aerialscouts.net 

and Aerial Scouts’ web address is www.aerialscouts.net.
Aerial Scouts Petition for Exemption

June 18, 2015

Page 2 of 7

Exemptions requested

14 C.F.R. Part 21 (airworthiness certification)

14 C.F.R. Part 27 (normal category rotorcraft)

14 C.F.R. 61.113 (a) and (b) (pilot certification and qualification)

14 C.F.R. 91.7(a) (airworthiness)

14 C.F.R. 91.119(b) and (c) (minimum safe altitudes)

14 C.F.R. 91.151(a) and (b) (fuel requirements in VFR conditions)

14 C.F.R. 91.405 (a) and (b) (maintenance)

14 C.F.R. 91.407(a)(1) (approval for return to service)

14 C.F.R. 91.409(a) (annual and airworthiness certification inspection)

14 C.F.R. 91.417(a) and (b) (maintenance records)

Safety equivalence or no adverse effect on safety

Unmanned Aerial Vehicles and Systems

The DJI and 3DR flight controllers, the common control platforms in the listed devices, have a 

number of technological capabilities to demonstrate their airworthiness. In the event of a loss of 

GPS signal, the UAS will lock in its position and automatically go to ATTI mode and remain 

stable. Loss of connection to the remote control transmitter (or software navigation controller) 

causes the vehicle to immediately achieve a preset altitude, and then return to its home point and 

land in a controlled way.

All of the UASs intended for use contain a power storage monitoring system and fail-safe modes 

to force controlled landing before the power supply drops below operational levels. Should there 

be a loss of power, the UAVs are designed to perform a vertical hard landing with propellers 

providing stabilizing resistance during descent. 

If the UAV encounters an unexpected obstacle, the pilot will either divert the flight or maintain 

the UAV in a safe hover position away from the obstacle.

Given its small size, operational capabilities, and restricted area in which the UASs will operate, 

an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.F.R. 91.7(a), is 

warranted, as Aerial Scouts’ UASs satisfy the equivalent level of safety as compared with 

manned aircraft and meet the criteria in section 333. Operating these UAVs without an 

airworthiness certificate in the restricted environment over private property under the conditions 

proposed will be safer than operating a manned helicopter operating with an airworthiness 

certificate and not subject to such conditions.

Each UAV (with payload) is less than 55 pounds, carry no explosive materials or flammable 

liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board. 

As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10:
Aerial Scouts Petition for Exemption

June 18, 2015

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The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk 

to an onboard pilot and crew during an incident or accident is eliminated with the use of a 

UAS for the aerial operations. 

For the reasons outlined above, Aerial Scouts also seeks an exemption from the certification 

requirements for normal category rotorcraft in Part 27.

In support of Aerial Scouts' request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b), Aerial Scouts will adhere to the following inspection 

and maintenance program: Aerial Scouts will inspect the UAS before and after each operation, as 

well as perform daily, weekly, monthly, and annual inspections, as set forth in its operations 

manual. Before each flight, the pilot in command will inspect the UAS to ensure it is in a safe 

condition for flight. The preflight inspection will account for any discrepancy, such as an 

inoperable component, item, or equipment. Aerial Scouts will not initiate a flight if the 

inspection reveals a condition that adversely affects the safety of operations, and will not operate 

that UAS until it is found to be in a safe condition. Any UAS that has undergone maintenance or 

an alteration that affects the UAS’s operation or flight characteristics will undergo a functional 

flight test before return to service. 

Aerial Scouts will follow the manufacturers’ UAS requirements relating to components, 

maintenance, overhaul, replacement, inspection and life limits. Aerial Scouts will record all 

maintenance, alterations, and the functional flight test in the UAS logbook, including total flight 

hours, description of work accomplished, and the signature of the UAS technician who returned 

the UAS to service.1 

Aerial Scouts’ UASs are equipped with an altimeter that provides the pilot with real-time 

telemetry data in addition to a constant digital display of altitude, speed, and UAS proximity. 

Moreover, the UASs will be operated within the visual line of sight of the pilot in command and

observer and below 400 feet AGL. In addition, the flight controllers are programmed not to 

allow the aircraft to exceed the 400 feet ceiling, even if the pilot command input is in-conflict, or 

if communication with the remote control transmitter fails. Accordingly, Aerial Scouts does not 

believe an exemption from 14 C.F.R. 91.121 is required. 

In support of Aerial Scouts’ request for an exemption from fuel requirements in 14 C.F.R. 

91.151(a) and (b), we note that its UAS is battery-powered and is operated for brief periods of 

time, within the battery capacity of the UAS.

The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz 

FCC-approved ranges.

 

1 We believe the manufacturer manuals of each UAS included in this petition have been provided to the FAA in 

connection with previous petitions. Aerial Scout will provide any manual upon request of the FAA.
Aerial Scouts Petition for Exemption

June 18, 2015

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UAV and UAS Operator Qualifications and Training

In support of Aerial Scouts' request for an exemption from the pilot certification and 

qualifications requirements in 14 C.F.R. 61.113(a) and (a), Aerial Scouts asserts that an 

equivalent level of safety is achieved by the UAS-specific experience of its pilots. Each Aerial 

Scouts pilot, before conducting a commercial operation under the requested exemption, will have 

successfully completed an aeronautical knowledge test, performed at least 20 takeoffs and 

landings of the particular UAV, and flown the particular UAV for at least 10 hours. 

Aerial Scouts recognizes the FAA’s position that section 333 does not allow the FAA to waive 

the requirement of a UAS operator to hold an airman certificate, relying on section 44711. 

Section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a 

UAS operator from any certification requirement. Section 333 instructs the FAA to consider 

whether to require airworthiness certificates, certificates of waiver, and certificates of 

authorization, “at a minimum.” Thus, Congress vested FAA with discretion to waive certificate 

requirements other than an airworthiness certificate, including an airman and medical 

certificates. 

Even if the pilot certification requirement is not waived, FAA has exemption authority under 

section 44701(f) to exempt UAS operators from the particular requirements of Parts 61 and 67 –

such as the requirement to conduct flight training on board an aircraft – and develop airman 

certification requirements specifically designed for small UAS operations. Applying manned 

aircraft pilot certification requirements to small UASs is not necessary as a matter of safety, and 

does not make sense as a matter of public policy. 

Aerial Scouts believes that FAA’s determination in the Astraeus Aerial and other exemptions 

that a pilot certificate is not required for the operators of UASs for flight over private property 

with permission from the owner and with proper notification of all on ground participants c set 

forth below (emphasis added), applies equally to the nature of its UAS operations:

[T]he experience obtained beyond a private pilot certificate in pursuit of a commercial 

pilot certificate in manned flight does not necessarily aid a pilot in the operational 

environment proposed by the petitioner; the FAA considers the overriding safety factor 

for the limited operations proposed by the petitioner to be the airmanship skills acquired 

through UAS-specific flight cycles, flight time, and specific make and model experience, 

culminating in verification through testing.

Aerial Scouts believes this reasoning supports a UAV/UAS-focused training and experience 

regimen that should obviate not only a commercial pilot certificate but also a private pilot 

certificate because any training will be focused on the particular skills of operating the particular 

small UAS and the particular nature of UAS operations. 

Aerial Scouts notes that the FAA has proposed in its sUAS Notice of Proposed Rulemaking that 

a small UAS operator would be required to successfully complete an aeronautical knowledge 
Aerial Scouts Petition for Exemption

June 18, 2015

Page 5 of 7

test, but would not be required to obtain a commercial or private pilot certificate. Also, medical 

certification would be obviated by a pilot’s self-certification before flight that the pilot is 

physically and mentally fit to operate the UAS. 

Accordingly, the FAA should grant appropriate exemption relief and revise the standard term on 

PIC certification to permit Aerial Scouts to use pilots who have successfully completed 

commercial UAS training and have also gained flying experience using the aforementioned 

UAS's. In the event the FAA does not grant such relief, however, Aerial Scouts will employ a

suitably certificated private pilot.

UAV and UAS Operating Parameters

Aerial Scouts will operate its UASs in full compliance with the applicable manufacturer manual. 

Aerial Scouts' typical flight will be operated under 400 feet AGL and within 2 km of the 

operator.

All flights will be conducted within the visual line of sight of the pilot in command, within noncontrolled airspace, with the consent of any property owner and/or developer. Although the 

UAS may be operated in a metropolitan area, it will be controlled and monitored only by

authorized personnel, and be flown below 400 feet AGL, except in rare occasions where a client 

has a building over 400 ft. tall and we are flying in unnavigable airspace close to the building or 

an organization requires data from higher altitudes, or where the terrain below would require 

extreme maneuvers to comply with the altitude restriction. However, in such rare cases, 

appropriate pre-flight site surveys would be undertaken (where possible) to minimize any risk of 

collision or any negative impact with any aircraft operations in that airspace, and in any event all 

such operations would be within the visual line of sight of the operator. For any operations over 

400 feet AGL, Aerial Scouts will coordinate with Air Traffic Control and obtain a Certificate of 

Authorization if required. Thus, these rare and brief operations at an altitude over 400 feet AGL 

will pose no risk to manned aircraft. Accordingly, Aerial Scouts requests that the standard term 

on altitude be revised to permit Aerial Scouts to operate its UASs higher than 400 feet AGL when 

authorized by Air Traffic Control.

Aerial Scouts will also notify the appropriate Flight Standards District Office “(“FSDO”) and Air 

Traffic Control for any operation within five miles of an airport.

Aerial Scouts will conduct a briefing before each day’s operations, which all personnel 

participating in the operations must attend. Aerial Scouts will obtain written consent of any 

person who will be participating in the operations or otherwise be on the private property where 

operations are to take place. Aerial Scouts will provide notice to any adjacent buildings or 

structures. Aerial Scouts will limit its operations to daytime Visual Flight Rules (“VFR”). 

Aerial Scouts seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), that 

an aircraft must remain at least 1,000 feet above any congested area or open air assembly of 

persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or 
Aerial Scouts Petition for Exemption

June 18, 2015

Page 6 of 7

structure in an area other than populated or congested, and not closer than 500 feet to any person, 

vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft 

operations in mind. While Aerial Scouts may operate its UASs in a metropolitan area, the 

operations will be carefully pre-planned to minimize risk to persons or property, avoid intrusion 

into unauthorized airspace, and avoid a public annoyance. Its UASs will not be operated over a 

highly-congested area or open air assembly of persons. 

Aerial Scouts will make every reasonable effort to ensure that no unauthorized person will be on 

the land over which the UASs will be operated, and will provide notice to adjacent buildings and 

furnish proctors as may be necessary to ensure that unauthorized persons do not come within the 

narrow parameters in which the UASs will be operated. Combined with the technological 

capabilities of the UASs and that the UASs will be operated within the visual line of sight of the 

pilot and an observer, Aerial Scouts submits that its operational limitations provides an 

equivalent level of safety to that provided in section 91.119.

Public interest

Aerial Scouts' UAS operations will substantially benefit public and private organizations which 

have an interest in gathering critical information – atmospheric, situational, etc. – to support their 

operations. Depending on the use-case, these scenarios may include:

 the gathering of sensor data to document to provide real-time awareness of potential 

hazards present in an operational area,

 traffic or construction monitoring,

 ecological, agricultural, or land management surveying,

 infrastructure surveying, inspection, and improvement

Operating UASs under the limitations proposed by Aerial Scouts will avoid any risk of harm to 

pilots as well as persons and people on the ground that would be present during the operation of 

manned aircraft. UAS operations will also require a much smaller energy footprint than with 

manned aircraft. 

Operations limited to the United States

Under the requested exemption, Aerial Scouts will operate its UASs within the United States, 

including over the territorial waters of the United States, and over the high seas provided it will 

remain within the U.S.-controlled Flight Information Region.

Summary for Federal Register

Should the FAA determine that publication of a summary is required, Aerial Scouts submits the 

following summary to be included in the Federal Register:
Aerial Scouts Petition for Exemption

June 18, 2015

Page 7 of 7

Aerial Scouts seeks an exemption to operate the DJI Phantom 3 Professional, DJI Matrice 

100, 3DR X8, and 3DR Spektre unmanned aircraft systems to perform aerial data 

collection and inspection and survey services. 

Sincerely,

Brian Holl