6022 Farcenda Place, Suite 101

Melbourne, Florida 32940

321-574-8099 (Office)

December 31, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE

Washington, D.C. 20590

RE: Exemption Request – Section 333 of the FAA Report Act and Part 11 of the Federal

Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No.112-95, 

126 Stat.11 (amending 49 U.S.C.) (hereinafter, the “Reform Act”) and 14 C.F.R. Part 11, US 

AERO, LLC (hereinafter, “US AERO”), a manufacturer and operator of small unmanned aircraft 

systems (singularly a “sUAS” or cumulatively “sUASs”) seeks an exemption from the Federal 

Aviation Regulations listed below, to allow commercial operation of sUAS aircraft.

The Applicant hereby requests exemption from the following FARs:

• 14 C.F.R. 21, subpart H

• 14 C.F.R. 61.3

• 14 C.F.R. 61.113(a)&(b)

• 14 C.F.R. 91.7(a)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.103(b)

• 14 C.F.R. 91.105

• 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.121

• 14 C.F.R. 91.151(a)&(b)

• 14 C.F.R. 91.203(a)&(b)

• 14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417)
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INTRODUCTION AND INTERESTS OF THE PETITIONER

US AERO has for the last two years provided clients (which include private sector businesses 

and non-profits) with professional consultation in the operation of aircraft and flight systems in 

the National Airspace System (NAS). The US AERO team has experience in FAA Part 121, 

135, 141, and 91 flight operations as well as FAA Part 145 maintenance operations. In addition, 

US AERO requires, at minimum, that all employees hold the Commercial Pilot certification, 

including Certified Flight Instructor credentials in both fixed and rotary-wing aircraft. 

US AERO’s comprehensive Safety Management System (SMS) and proven operations 

experience has provided countless hours of accident-free services both internally and externally 

to the organization. The objective of US AERO and our UAS aerial operations is to provide a 

safe, and affordable, high-quality aerial information collection and production system for a 

variety of governmental, commercial, public, and residential uses, specifically targeting:

• Design and construction projects

• Mapping, inspection and photography of landfills, mining facilities, utilities and 

infrastructure, oil and gas facilities, agriculture

• Insurance assessment and Real-Estate appraisals

• Engineering inspections

• Special Event Coverage

• Private and government training

As described more fully below, the requested exemption would permit the operation of small,

unmanned sUAS under controlled condition in airspace that (a) is limited, (b) is predetermined, 

(c) is controlled as to access, and (d) would provide safety enhancements to the already safe

operations in the industry. Approval of this exemption would thereby enhance safety and fulfill 

the Secretary of Transportation’s responsibilities to “... establish requirements for the safe

operation of such aircraft systems in the national airspace system.” Reform Act 333 (c).

The name and address of the applicant (“Applicant”):

US AERO, LLC

Attn: Gregory Gosnell

6022 Farcenda Place, Suite 101

Melbourne, FL 32940

TEL: 321-574-8099

Email: greg@usaero.us

The characteristics of the sUAS, detailed sUAS operator requirements, and sUAS operating 

parameters given below will ensure that all US AERO sUAS operations are carried out with an 

equivalent or higher level of safety than currently authorized manned aircraft operations. The 

details below regarding US AERO’s intended UAS applications provide clear evidence that 

approval of this exemption is in the public interest.
U.S. Department of Transportation – Exemption Request: Section 333

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UNMANNED AIRCRAFT SYSTEMS

The requested exemption would authorize US AERO to conduct commercial operations using 

the following three sUASs:

Altavian - Nova F6500

The Altavian Nova F6500 is a fixed-wing UAS with a maximum gross weight of approximately 

fifteen (15) pounds. The wingspan is 108 inches and has a fuselage length of 65 inches. The 

Nova F6500 is equipped with a single propeller driven by an electric motor powered by a 

Lithium Polymer (LiPo) battery. The Nova F6500 is currently operating safely within the NAS 

pursuant to over fifteen (15) Certificates of Authorization (“COA”) granted by the Federal 

Aviation Administration (“FAA”) to various business entities within the United States of 

America. The UAS is equipped with an on-board GPS and an inertial measurement unit for 

flight stabilization and automatic failsafe return to station in case of a lost control signal.

DJI - Inspire 1

The DJI Inspire 1 (also known as the T600 sUAS) has a maximum gross weight of 

approximately 6.5 lb., a variable diagonal distance of approximately 559x581mm, a maximum 

speed of approximately 22 m/s and a default operating height of 120m. The DJI Inspire 1 is

equipped with four main rotors and brushless electric motors; driven by a 5700mAH Lithium 

Polymer (LiPo) Lithium Polymer battery. The unit is constructed primarily of composite and 

synthetic materials. The sUAS is equipped with an on-board GPS and an inertial measurement 

unit for flight stabilization and automatic failsafe return to station in case of a lost control signal.

DJI – Matrice 100

The DJI Matrice 100 has a maximum gross weight of approximately 7.5 lb., a diagonal distance 

of approximately 650mm, a maximum speed of approximately 22 m/s and a default operating 

height of 120m. The DJI Matrice 100 is equipped with four main rotors and brushless electric 

motors; driven by a 4500mAh Lithium Polymer (LiPo) battery. The unit is constructed primarily 

of composite and synthetic materials. The sUAS is equipped with an on-board GPS and an 

inertial measurement unit for flight stabilization and automatic failsafe return to station in case of 

a lost control signal.

Additionally, each sUAS presented for use offer geo-fencing and max altitude features to restrict 

the maximum vertical and horizontal distance the aircraft will fly from its base station. The Nova 

F6500, Inspire 1, and Matrice 100 offer the added feature of displaying real time flight data, 

including battery status, altitude, direction, and distance from station. 

The information contained in the Altavian Nova F6500, DJI Inspire 1 (T600), and DJI Matrice 

100 User Manuals, (hereafter collectively referred to as “Manufacturer’s Operations Manuals”, 

support this petition for exemption.

The safety and reliability of the Altavian Nova F6500, DJI Inspire 1, and the DJI Matrice 100 is 

further supported by the fact that numerous FAA exemptions have previously been approved for 

their use in commercial sUAS operations. 
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In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, The US AERO operation of the Altavian Nova F6500, DJI 

Inspire 1 (T600), and DJI Matrice 100 meets the conditions of FMRA Section 333 and therefore, 

will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Each sUAS operated by US AERO for commercial use will be registered in accordance with 14 

C.F.R Part 47 or the pending 2016 sUAS commercial registration ruling, and will be marked in 

accordance with 14 C.F.R. Part 45, Subpart C or subsequent marking requirements.

All sUASs operated by US AERO will be maintained in accordance with the manufacture’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components and all pertinent instructions in the user manuals. Repairs, component 

changes, and software/firmware updates will be recorded in the sUAS maintenance log. 

Maintenance log entries will include the date, sUAS ID number, registration number, current 

sUAS flight time, a description of work performed, and the name and signature of the individual 

who completed the work. Any sUAS that has undergone maintenance or alterations that affect 

the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, must 

undergo a functional test flight, prior to use in any commercial operations. The functional test 

flight must be conducted in such a manner so as to not pose an undue hazard to persons and 

property. The PIC who conducts the functional test flight must make an appropriate entry in the 

aircraft records. A pre-flight inspection of the sUAS will be completed by the PIC prior to each 

flight operation as specified in the US AERO sUAS Flight Operations Manual. If the inspection 

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

service and prohibited from operating until the necessary maintenance has been performed and 

the UAS is found to be in a condition for safe flight. All US AERO sUASs will comply with all 

applicable manufacturer safety alerts and bulletins.

sUAS OPERATOR REQUIREMENTS

In order to ensure a level of safety equal or greater than currently authorized operations using 

manned aircraft, all operations will be subject to the strict operating requirements defined in the 

US AERO’s Flight Operations Manual and Preflight Checklist (US AERO will provide these 

documents if required, but requests that the FAA treat them as proprietary under 14 C.F.R. 

11.35(b) and not include this document in the public docket).

All US AERO sUAS operators will hold at least an FAA issued Commercial Pilot certificate or 

Airline Transport Pilot certificate and will have successfully completed a formal UAS Flight 

Training Program. Completion of the US AERO’s sUAS Flight Training Program will meet this 

requirement and ensure safe operations by not allowing any PIC to operate a sUAS unless that 

PIC has demonstrated, that he/she is able to safely operate the sUAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. All operators will either meet the flight 

review requirements specified in 14 CFR § 61.56 or will annually complete and log at least five 

(5) hours of ground instruction with a certified flight instructor (CFI) covering regulations and 

issues pertinent to commercial operations with the approved aircraft types.
U.S. Department of Transportation – Exemption Request: Section 333

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In order to act as PIC, all US AERO sUAS operators will hold a current FAA issued commercial 

pilot certificate or Airline Transport Pilot Certificate and hold a valid U.S. driver’s license issued 

by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government.

The individual acting as PIC of a sUAS will be identified prior to any flight and will not change 

once the flight has begun. The PIC is the individual in operational control of the flight from

beginning to end and is responsible for safe flight of the sUAS. All PIC flight hours used to

demonstrate qualifications and currency will be logged in a manner consistent with 14 CFR 

§61.51(b).

sUAS OPERATING PARAMETERS

In order to provide for a level of safety equivalent or greater than operations conducted using 

manned aircraft, all US AERO commercial sUAS operations will be conducted in accordance 

with the following specific operating limitations:

UAS operations will be conducted pursuant to specific operating limitations. 

In seeking this exemption, US AERO proposes to commercially operate approved sUASs for the 

specific purpose of conducting aerial video and imaging over certain areas of United States, 

pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following 

aircraft described in the operating documents, rotorcraft and/or fixed-wing UAS 

weighing less than 55 pounds maximum gross weight. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography. 

3. The UAS may not be flown at an indicated airspeed exceeding 50 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and 
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PIC must be able to communicate verbally at all times. Electronic messaging or texting is 

not permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating documents. The operator may 

update or revise its operating documents. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted the exemption, 

then the operator must petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents.

10. Prior to each flight the PIC must inspect the sUAS to ensure that it is in a condition 

for safe flight. 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. The Ground Control 

Station must be included in the preflight inspection. All maintenance and alterations must 

be properly documented in the aircraft records.

11. Any sUAS that has undergone maintenance or alterations that affect the sUAS 

operation or flight characteristics, e.g. replacement of a flight critical component, must 

undergo a functional test flight. The PIC who conducts the functional test flight must 

make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents.

13. The operator must follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 
U.S. Department of Transportation – Exemption Request: Section 333

7

aircraft records, including total time in service, description of work accomplished, and 

the signature of the authorized person returning the sUAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at minimum a current 

third-class medical certificate.

18. The operator may not permit any PIC to operate the sUAS unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate the sUAS in 

a manner consistent with how the sUAS will be operated under the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours must be logged in a 

manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the 

operator’s PICs are permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight operations 

are considered nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. sUAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. 

All operations must be conducted under visual meteorological conditions (VMC). If 

flight at night is required, a special request will be made at the FAA office closest to 

proposed area of operations. Flights under special visual flight rules (SVFR) are not 

authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement with 

that airport’s management is obtained, and the operation is conducted in accordance with 

a NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.

21. The UA may 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 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.
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24. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements in 

the ATO issued COA including class of airspace, altitude level and potential transponder 

requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47 or the 2016 commercial 

operations registration ruling, and have identification (N-Number) markings in 

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to 

the PIC at the Ground Control Station of the sUAS any time the UAS is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

30. The sUAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must 

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 UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

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, and;
U.S. Department of Transportation – Exemption Request: Section 333

9

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

BASIS FOR PETITION AND PUBLIC INTEREST

The requested exemption would allow US AERO to operate the Altavian Nova F6500, DJI 

Inspire 1 (T600), and the DJI Matrice 100 in a means, which will provide a safe, and affordable, 

high-quality aerial information collection and production system for a variety of governmental, 

commercial, public, and residential uses.

The use of unmanned aircraft systems (UAS) for commercial purposes allows the user to execute 

dangerous or difficult tasks more safely and efficiently; thus increasing the potential for rapid 

information gathering, cost savings, and most importantly, extending and/or saving life. Timely 

and accurate aerial inspection will increase the reliability of public systems and ease of use for 

overall public utilization.

Current methods of providing aerial imagery and mapping services involves the use of manned 

aircraft systems; these aircraft create risks to personnel both in the air and on the ground. The 

use of manned aircraft systems also creates secondary risks through noise and fuel pollution. In 

addition, the use of ladders and lifts to obtain aerial images poses other risks, both resulting in 

documented accidents and injuries on an annual basis. In most cases, use of a sUAS is quicker 

and more feasible than any other alternative and often yields more accurate and reliable 

information. sUAS have virtually no limitations, with the ability carry out such work in 

hazardous conditions, darkness, extreme heat/cold and a host of other environments that may 

pose significant risks to manned aircraft and/or personnel.

Due to their small size and the fact they carry no fuel, all models presented within this request 

pose a very low risk of damage to persons or structures on the ground. In addition, due to the 

electric propulsion systems, they create no harmful emissions and produce less than 75dB of 

noise. The adoption of sUAS use will allow US AERO to provide the same level of service as 

manned aircraft services in the agricultural, environmental, and scientific industries while 

reducing cost, reducing pollution, and reducing the likelihood of accident and/or serious injury.
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REGULATIONS REQUIRING EXEMPTION

US AERO, LLC requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the Altavian Nova F6500, DJI Inspire 

1, and the DJI Matrice 100 sUAS:

14 C.F.R. Part 21, Subpart H; Airworthiness Certificates 14 CFR § 91.203(a)(1)

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H,

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a). Given the size of the sUAS, its

lightweight, and the limited operating area associated with its utilization, it is unnecessary to go 

through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or 

exceed current safety levels. Such an exemption meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the sUAS involved. An analysis of these 

different criteria demonstrates that the sUAS operated without an airworthiness certificate, under 

the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional 

aircraft with an airworthiness certificate.

14 C.F.R. § 61.3; Requirements for certificates, ratings and authorizations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil

aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that

person's physical possession or readily accessible in the aircraft when exercising the privileges of

that pilot certificate or authorization. However, when the aircraft is operated within a foreign

country, a pilot license issued by that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act as pilot

in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 

act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment;

(2) The aircraft does not carry passengers or property for compensation or hire.

Given the size, weight, speed, operational limitations, and range of the sUAS, US AERO

proposes that operators of the approved sUASs should not be required to hold a commercial pilot 

certification. Instead, operators should be required to:

Hold at least an FAA issued private, recreational, or sport pilot certificate. All operators will 

either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete 

and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering 

regulations and issues pertinent to commercial operation of the Altavian Nova F6500, DJI 

Inspire 1 (T600), and DJI Matrice 100.
U.S. Department of Transportation – Exemption Request: Section 333

11

14 C.F.R. § 61.113(a) And (b); Private pilot privileges and limitations: Pilot in command.

US AERO submits that the equivalent level of safety established by Section 61.113(a) and (b) 

will be maintained because no PIC will be allowed to operate the approved UASs unless that PIC 

has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

Considering US AERO’s proposed area of operations, and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary 

to safely operate the approved UAS, US AERO submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship skills 

necessary for US AERO’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11158, 11159, 11160, 11161).

US AERO will not allow any PIC to operate the approved UASs unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or an approved flight training 

curriculum, that the PIC is able to safely operate the UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. (ref. Exemption No. 11138)

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft or fixed-wing pilot (with a minimum of 5 

hours of those hours as a UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption). In addition to the hour requirements, the PIC must accomplish 

3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during US AERO’s proposed operations. The Administrator has held that prior documented 

flight experience that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows:

• In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot 

with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC 

must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements to
12

be inclusive rather than additive; i.e. 5 hours make and model time may be included 

in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 

hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). 

The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 

11062 are appropriate to practice and build proficiency in the skills necessary to 

safely conduct the petitioner’s proposed operations. The FAA also finds that prior 

documented flight experience that was obtained in compliance with applicable 

regulations would satisfy this requirement. Training, proficiency, and experiencebuilding flights can also be conducted under the grant of exemption to accomplish the 

required flight time. During training, proficiency, and experience-building flights the 

PIC is required to operate the UA with appropriate distances in accordance with 14 

C.F.R 91.119. 

14 C.F.R. § 91.7(a); Civil Aircraft Airworthiness

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to 

every flight, US AERO will ensure that the UAS is in an airworthy condition based upon the 

UAS’s compliance with its operating documents and as stated in the conditions and limitations 

herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161). 

14 C.F.R. § 91.9; Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. US AERO proposes to provide an equivalent level of safety by 

maintaining a copy of all documents used by the operator to ensure the safe operation and flight 

of the sUAS as well as documentation of an exemption and COA with the ground control station 

and accessible to the PIC during flight operations.

14 C.F.R. § 91.103; Preflight action

This regulation requires that each pilot in command shall, before beginning a flight, become

familiar with all available information concerning that flight. This information must include 

runway lengths at airports of intended use, and the following takeoff and landing distance 

information. This regulation is not applicable due to the fact US AERO sUAS operations will not 

occur at an airfield. To provide an equivalent level of safety, the PIC will complete a preflight 

inspection as directed by the manufacturer’s manuals and US AERO’s sUAS Flight Operations 

Manual before any flight.

14 C.F.R § 91.105; Flight Crewmembers at Stations

The regulation states that required crewmembers must be at their stations in the aircraft during

specific portions of a flight. This is not applicable since the sUAS carry no crewmembers. An 

equivalent level of safety will be maintained by ensuring that the PIC is identified prior to any 

flight and that the PIC does not change during a flight. The PIC will maintain operational control 

of the sUAS for the duration of the flight.
U.S. Department of Transportation – Exemption Request: Section 333

13

14 C.F.R. § 91.109(a) & 91.319(a)(1); Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." An equivalent level of safety 

will be achieved through US AERO’s sUAS flight training program and conducting flight 

training within controlled environments as outlined within the Operating parameters of this 

document.

14 CFR § 91.119; Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer

than 500 feet to any person, vessel, vehicle, or structure. Since the UA will be operating at a

maximum of 400 feet AGL, these operations cannot comply with this requirement. An 

equivalent level of safety will be achieved given the size, weight and speed of the sUAS. 

Additionally the sUAS will be operated in a defined and relatively small AOI. Moreover, the 

sUAS will not be operated over any open-air assembly of persons or over any person not 

involved with the operation. The aircraft will be operated at an altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface.

14 C.F.R. § 91.121; Altimeter Settings

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the approved UAS will be provided to the PIC via GPS equipment and a 

radio communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path and altitude. This altitude information, combined with US AERO’s

operation of the UASs within visual line of sight, at or below 500 feet AGL, will ensure a level 

of safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is 

automatically established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

14 C.F.R. § 91.151 (a)&(b); Fuel Requirements for Flight in VFR Conditions

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the approved UAS; (2) the 

limitations on the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, US AERO will ensure that it will safely operate each battery powered 

UAS during daylight hours in VFR conditions, with enough battery power to fly for a total 

duration allowing for 25% of battery power in reserve.

 

The limitations on the proposed flight operations; and the location of the proposed operations, 

will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as each approved UAS provides audible and visual warnings 

to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring 

at predetermined points applicable to the UAS type. Each approved UAS will have the 

capability to descend and land automatically in the event of low battery indication. 
14

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

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

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate.

• 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.

To obtain an equivalent level of safety and meet the intent of 91.203, US AERO proposes to 

maintain a copy of all documents used by the operator to ensure the safe operation and flight of 

the sUAS as well as documentation of an exemption and COA with the ground control station 

and all documents pertinent to the operation will be available to the Administrator or any law 

enforcement official upon request.

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)

In seeking this exemption, US AERO submits that the equivalent level of safety with regard to 

the regulatory maintenance and alteration requirements established by Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because US AERO will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the sUAS 

using the methods, techniques, and practices prescribed in the operating documents (i.e., US 

AERO’s Flight Operations Manual, Maintenance Log, and Manufactures Instruction Manual). 

Furthermore, US AERO will document and maintain all maintenance records for each approved

sUAS.

Since each approved sUAS will be inspected as prescribed by the operating documents, US 

AERO will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversely affect safety 

because US AERO will use trained technicians to perform maintenance, alterations or preventive 

maintenance on the sUAS using the methods, techniques, and practices prescribed by the 

operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the approved sUAS will be 

performed by trained technicians. Maintenance will be documented and maintained utilizing the 

maintenance log.
U.S. Department of Transportation – Exemption Request: Section 333

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Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered. 

In consideration of US AERO’s proposed operating limitations, the operating documents, and the 

technical aspects of the approved sUASs, US AERO submits that safety will not be adversely 

affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161).

The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, US AERO requests that the FAA prescribe 

special conditions for the intended operation of the approved sUASs, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. 21, subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 91.7(a), 91.9 

(b)(2), 91.103(b), 91.105, 91.109(a), 91.119, 91.121, 91.151(a)&(b), 91.203(a)&(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1)&(a)(2), 91.417(a)&(b). Such special conditions will permit safe 

operation of the UAS for the limited purpose of conducting aerial video and imaging over certain 

areas of the United States for compensation or hire. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security; and further, provides the authority for such 

UAS to operate without airworthiness certification in accordance with any requirements that 

must be established for the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the approved UASs, since the airworthiness regulations of 14 C.F.R. 

Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual 

design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: 

• If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 

finds necessary to establish a level of safety equivalent to that established in the 

regulations. 

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for US AERO’s intended operation of the Altavian Nova F6500, DJI 

Inspire 1 (T600), and the DJI Matrice 100, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 
16

14 C.F.R. 21, subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 91.7(a), 91.9 (b)(2), 91.103(b), 

91.105, 91.109(a), 91.119, 91.121, 91.151(a)&(b), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1)&(a)(2), 91.417(a)&(b).

A summary that can be published in The Federal Register, stating: The Rules From Which 

US AERO, LLC Seeks Exemption: 

US AERO, LLC seeks exemption from the requirements of 14 C.F.R. 21, subpart H, 14 

C.F.R Sections 61.3, 61.113(a)&(b), 91.7(a), 91.9 (b)(2), 91.103(b), 91.105, 91.109(a), 

91.119, 91.121, 91.151(a)&(b), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1)&(a)(2), 91.417(a)&(b).

A brief description of The Nature Of The Exemption US AERO, LLC seeks: 

This exemption will permit US AERO, LLC to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial video and photography over 

certain areas of the United States.

Any additional information, views, or arguments available to support US AERO’s request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS 

may operate safely in the NAS. As such, US AERO, LLC’s request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, US AERO, LLC will operate the Altavian Nova F6500, DJI Inspire 

1 (T600), and the DJI Matrice 100 UASs safely in the NAS, without creating a hazard to users of 

the NAS, or the public, or otherwise pose a threat to national security. 

CONCLUSION

As set forth herein, US AERO, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the Altavian Nova F6500, DJI Inspire 1 (T600), and the DJI Matrice 100 UASs

commercially, without an airworthiness certificate, for the limited purpose of conducting aerial 

video and photography over certain areas of the United States. By granting this Petition, the 

FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing US AERO, 

LLC to safely, efficiently, and economically operate the Altavian Nova F6500, DJI Inspire 1 

(T600), and the DJI Matrice 100 UASs commercially within the NAS. 
U.S. Department of Transportation – Exemption Request: Section 333

17

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, US AERO, LLC respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. 21, 

subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 91.7(a), 91.9 (b)(2), 91.103(b), 91.105, 

91.109(a), 91.119, 91.121, 91.151(a)&(b), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1)&(a)(2), 91.417(a)&(b), and permit US AERO, LLC to operate the Altavian Nova 

F6500, DJI Inspire 1 (T600), and the DJI Matrice 100 UASs commercially for the purpose of 

conducting aerial video and photography over certain areas of the United States. US AERO, 

LLC believes that considering the small size and weight of the sUAS, along with the sUAS PIC 

training and certification requirements stipulated above and the strict operating guidelines 

proposed herein, it is clearly demonstrated that the sUAS will be operated safely in the national 

air space (NAS) with an equivalent or greater level of safety compared to manned aircraft.

Dated: December 31, 2015

Respectfully submitted,

US AERO, LLC

Gregory Gosnell

Founder | President

321-574-8099 (OFFICE) 

greg@usaero.us