1					

 jmacAerospace.aero

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs

100 Affirmed Drive

Stafford, VA 22556

Tel. 540-219-1638

John@jmacAerospace.aero

April 11, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Renewal of Exemptions

Aerial MOB, LLC Renewal of Exemptions Nos: 11066, 11066A, 11066B 11066C

and 11066D originally issued pursuant to Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations - FAA Docket No. FAA-2014-0353

Dear Sir or Madam:

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

Reform Act), 14 C.F.R. Part 11, and the Administrative Procedure Act, 5 U.S.C. 551 et. 

seq., Aerial MOB, LLC (Aerial MOB), herewith applies for renewal of the following listed 

exemptions issued by the Federal Aviation Administration (FAA) pursuant to Section 

333 of the FAA Modernization Act (the Reform Act), allowing Aerial MOB to conduct 

commercial operations with the aircraft listed therein, including aerial data collection and 

closed set filming for television and movie production:

1. Exemption No. 11066

2. Exemption No. 11066A

3. Exemption No. 11066B,

4. Exemption No. 11066C, and

5. Exemption No. 11066D

The exemptions expire September 30, 2016.

Aerial MOB specifically request that the FAA, in renewing the listed Exemptions, 

grant it authority contained in Exemption 15761, in docket FAA -2015-6649, allowing the 

exemption holder to operate any aircraft “...identified on the List of Approved Unmanned 

Aerial Systems under Section 333 at regulatory docket FAA-2007-3330”. Further Aerial 

MOB requests that it be granted a renewal that encompasses the terms and conditions 

presently being issued to new exemption holders, including tethered operations, as 

specifically set forth in Exemption 15761, as an example.
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Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs

100 Affirmed Drive

Stafford, VA 22556

Tel. 540-219-1638

John@jmacAerospace.aero

Aerial MOB specifically invokes and will rely upon Section 558 (c) of the 

Administrative Procedure Act allowing it to continue operations under the listed 

exemptions until such time as the Department of Transportation takes action on this 

renewal request.

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As set forth, Aerial MOB asks that this application be processed under the FAA’s 

Summary Approval Process, as it may apply to requests for renewal. The FAA has 

found that the enhanced safety achieved using an unmanned aircraft (UA) with the 

specifications described by the petitioner, within this docket, and carrying no 

passengers or crew, rather than a manned aircraft of significantly greater proportions, 

carrying crew in addition to flammable fuel, gives the FAA good cause to continue to 

find that the UAS operation enabled by these exemptions is in the public interest. The 

renewal of the approvals contained in the listed exemptions for Closed Set Filming and 

the further allowance of General Aerial Photography, as contained in FAA’s most recent 

exemptions, approval of this renewal would thereby continue to 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.

The name and address of the renewal applicant is:

Aerial MOB, LLC

Attn: Tony Carmean

Aerial MOB

2236 Rutherford Road

Suite 115

Carlsbad, CA 92008

Tel: 619-787-0600

Email: tony@aerialMOB.com

Regulations from which the renewal exemption is requested:

14 C.F.R. 61.23 (a) and (c)

14 C.F.R. 61.101 (e) (4) and (5)

14.C.F.R. 61.113 (a)

14 C.F.R. 61.315 (a)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.119 (c)

 

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“When the licensee has made timely and sufficient application for a renewal or a new license in 

accordance with agency rules, a license with reference to an activity of a continuing nature does not 

expire until the application has been finally determined by the agency”. 5 U.S.C. §558 (c) (emphasis 

added).
3					

Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs

100 Affirmed Drive

Stafford, VA 22556

Tel. 540-219-1638

John@jmacAerospace.aero

14 C.F.R. 91.121

14 C.F.R. 91.151 (a) (1)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (1) and (2)

14 C.F.R. 417 (a) & (b)

The renewal of these exemptions will also continue to fulfill Congress’ goal in 

passing Section 333(a) through (c) of the Reform Act. That 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 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following:

 The UASs size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; 

and

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

§ 333 (a).

Lastly, if the Secretary determines that such vehicles “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) (emphasis 

added)2.

The Secretary, having already determined that the exemptions issued to Aerial 

MOB comply with the statutory requirements, and no adverse events have taken place 

that could or would cause the Secretary to change his determination made in the listed 

exemptions, renewal is called for as requested herein.

Given the small size of the sUASs involved and the restricted environment within 

which they will operate, the applicant 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 and for 

which renewal is justified. 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, as set forth in Attachment 1, and 

the significant public benefit, including enhanced safety, reduction in environmental 

 

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Applicant 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.
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Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs

100 Affirmed Drive

Stafford, VA 22556

Tel. 540-219-1638

John@jmacAerospace.aero

impacts, including reduced emissions associated with allowing battery powered UASs 

for these functions instead of turbine or gas power aircraft/rotorcraft and operations with 

FAA licensed pilots, the renewal of the listed exemptions is in the public interest.

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

renewals without delay.

Sincerely,

John McGraw

John McGraw Aerospace Consulting, LLC 

Agent for Aerial MOB, LLC

cc: Jonathan B. Hill

(jbhill@verizon.net)
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Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs

100 Affirmed Drive

Stafford, VA 22556

Tel. 540-219-1638

John@jmacAerospace.aero

Equivalent Level of Safety and Compliance with Part 11 of the FARs

Attachment 1

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The FAA has granted exemptions to the following regulations in the listed 

exemptions;

14 C.F.R. §§ 61.23 (a) and (c ), 61.101(e ) (4) and (5), 61.113 (a), 61.315 (a), 91.7 (a), 

91.119 (c), 91.121, 91.151 (a) (1), 91.405(a), 91.405 (a)(1), 91.409 (a) (1) and (2) and 

91.417(a) and (b) to allow closed set filming and aerial data collection (See, FAA 

Exemptions 11360 -; 11473)

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (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 hold a certificate issued by the FAA authorizing operation of any 

aircraft (ATP, Commercial, Private, Recreational or Sport). Unlike a conventional aircraft 

that carries the pilot and passengers, the sUAS is 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 as set forth in the Manual. The level of safety 

provided by the requirements included in the Manual 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 sUAS are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the sUAS as requested with any certificate issued by the FAA as 

the PIC exceeds the present level of safety achieved by 14 C.F.R. Part 61. The FAA

has granted exemptions for private pilots to conduct similar operations in Exemptions 

11062, 11213, 11360 and 11447.

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

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

91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a sUAS that are 

helicopters and the exemption requests authority to operate at altitudes up to 400 AGL 

an exemption may be needed to allow such operations. As set forth herein, except for 

the limited conditions stated in the Manual, the UAS will never operate at higher than 

400 AGL. 

The equivalent level of safety will be achieved given the size, weight, speed of 

the UAS as well as the location where it is operated. No flight will be taken without the 
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Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs

100 Affirmed Drive

Stafford, VA 22556

Tel. 540-219-1638

John@jmacAerospace.aero

permission of the property owner, facility owner and local officials. Because of the 

advance notice to the property owner and participants all affected individuals will be 

aware of the planned flight operations as set forth in the Manual. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 

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 in the aerial photography industry. In addition, the low-altitude 

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

the operations of conventional aircraft that must comply with Section 91.119. The FAA 

has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 

11360 and 11447.

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 each sUAS 

model in at least one operating mode will not have a barometric altimeter, but instead a 

GPS altitude read out, an exemption will be needed. An equivalent level of safety will 

be achieved by the operator, pursuant to the Manual and Safety Check list, confirming 

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

FAA has granted exemptions to conduct similar operations in Exemptions 11062, 

11213, 11360 and 11447.

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 battery powering the sUAS provides approximately 40 minutes of powered 

flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights 

would be limited to approximately 10 minutes in length. Given the limitations on the 

UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR conditions is 

reasonable.

Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 
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Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs

100 Affirmed Drive

Stafford, VA 22556

Tel. 540-219-1638

John@jmacAerospace.aero

Corporation to operate without compliance with FAR 91.151 (a)). Operating the small 

UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed 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 UAS.

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 5 minutes of reserve time on the batteries. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area.

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. Part 91: 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 section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook as

referenced in the FOM attached as confidential See Exhibit 1. An equivalent level of 

safety will be achieved because these small UASs are very limited in size and will carry 

a small payload and operate only in areas for limited periods of time. If mechanical 

issues arise the UAS can land immediately and will be operating from no higher than 

400 feet AGL. As provided in the FOM the operator 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 operator is the person most familiar with 

the aircraft and best suited to maintain the aircraft in an airworthy condition to provide 

the equivalent level of safety. The FAA has granted exemptions for similar operations in 

Exemptions 11062, 11213, 11360 and 11447.

*********

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 for the 

issuance of renewed exemptions:
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Air Carrier  Airspace  NextGen  UAS  Regulatory Affairs

100 Affirmed Drive

Stafford, VA 22556

Tel. 540-219-1638

John@jmacAerospace.aero

Applicant seeks an exemption from the following rules:

14 C.F.R. §§61.23 (a) and (c ), 61.101(e ) (4) and (5), 61.113 (a), 61.315 (a), 

91.7 (a), 91.119 (c), 91.121, 91.151 (a) (1), 91.405(a), 91.405 (a)(1), 91.409 (a) (1) and 

(2) and 91.417(a) and (b) to operate commercially small unmanned vehicle (55 lbs. or 

less) in motion picture and television operations and aerial data collection.