U.S. Department of Transportation 

Docket Management System 1200 

New Jersey Ave. SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act 

Dear Sir/Madam, 

This petition is being submitted on our own behalf without legal counsel or consulting services. Pursuant 

to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 

11, AEROWAZE, LLC a Minnesota based limited liability company operating a Small Unmanned Aircraft 

System (sUAS) equipped to conduct aerial photography and survey for various industries, hereby applies 

for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our 

sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such 

operations are conducted with and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333. 

The requested exemption would permit AEROWAZE, LLC to pursue its commercial interests in providing 

services to consumers interested aerial data capture using a small advanced sUAS in the following areas: 

• Aerial Mapping for engineering services 

• Infrastructure Survey 

• Agricultural Surveying 

• Aerial Photography (not including closed-set filming) 

• Aerial Videography 

• Real Estate Photography 

• Product Demonstrations 

AEROWAZE states that all sUAS flights that will occur over private or contr.olled access property will do 

so with the property owner's prior consent and knowledge and that only people who have consented or 

otherwise have agreed to be in the area where photography and videography will take place will be 

captured. 

Additionally, AEROWAZE pilots hold FAA Private Pilot Licenses with Class Ill Medical Certificates and if 

observers are not qualified pilots, they will be trained by AEROWAZE pilots to understand the proper 

roles of an observer, communication procedures, proper visual scan techniques, operations at nontowered airports, and appropriate sections ofthe Aeronautical Information Manual. 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21, 14 C.F.R. 45.27, 14 C.F.R. 45.23 (b), 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a), 14 

C.F.R. 91.9 (b) (2), 14 C.F.R. 91.105, 14 C.F.R, 91.109, 14 C.F.R .91.119, 14 C.F.R. 91.121, 14 C.F.R. 
91.151(a), 14 C.F.R. 91.203 (a) & (b), 14 C.F.R. 91.205 (b), 14 C.F.R. 91.215, and 14 C.F.R. (91.401-

91.417) 

Unmanned Aircraft System 

sUAS are a feasible method to obtain information of agricultural cropland to determine optimum inputs 

that result in cost savings to farmers, yield security, and reduce environmental impact of excess 

fertilizers and chemicals in the soil. They have proven to save lives in dangerous situations such as flarestack inspections and search-and-rescue missions. 

We are petitioning for exemption to enable AEROWAZE to operate a Tarot 680 Pro Hex rotor equipped 

with a three-axis gimbaled camera and control with a 3DRobitics Pixhawk flight controller, a DJI Inspire 1 

multi-rotor equipped with a three-axis gimbaled camera, a Skywalker X-8 single wing airplane also with 

the 3DRobitcs Flight controller, safety parachute and a multi-camera payload, Trimble Gatewing UX5 

system and Topcon eBee . These sUAS all weigh less than 25 lbs, have a built-in capability to limit the 

height it flies above the ground, to limit the radius ofthe distance it flies from the operator and includes 

a no fly zone feature. Each system also has the failsafe function of the autopilot system, which means 

when the communication between the main controller and the transmitter is lost; the system will 

automatically trigger Return to Home and will land safely. The above specifications meet standards 

listed below, some derived in accordance with the Model Aircraft Operating Standards: 

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will 

operate at sites that are a 'sufficient distance' from populated areas within the sterile area 

described in the operator's manual. Such operations will insure that the sUAS will"not create a 

hazard to users of the national airspace system or the public." 

• Under new FAA policy, "the FAA will grant a Certificate of Waiver or Authorization (COA) for 

flights at or below 200 feet to any UAS operator with a Section 333 exemption for aircraft that 

weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate 

within visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or 

heliports: 

• 5 nautical miles (NM) from an airport having an operational control tower; or 

• 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower; or 

• 2 NM from an airport without a published instrument flight procedure or an operational tower; 

or 

• 2 NM from a heliport with a published instrument flight procedure" 

• Flights requiring an additional COA for operations outside the above parameters will be 

coordinated with the FAA. 

• Maximum flight time for each operational flight will be 60 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 60-minute 

limit. 
• The sUA V will be programmed so that it will not be operated at an altitude of no more than 400 

feet AGL, unless otherwise approved by the FAA. 

• Minimum crew for each operation will consist ofthe sUAS Pilot and the Visual Observer. 

• The sUAS PIC's (Pilot in Command) will be an FAA licensed airman holding at a minimum an FAA 

Private Pilot Certificate and Third Class FAA Medical Certificate. 

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbal). 

• The sUAS will operate at speeds of no more than 100 knots. 

• Given the small size of the sUAS and the restricted sterile environment within which they will 

operate, our sUAS operations adhere to the Reform Act's safety requirements. 

Additionally, the fact that the AEROWAZE pilots will hold, at a minimum, an FAA Private Pilot Certificates 

demonstrates that they have a high regard to safe operations with an understanding of FARs, pre-flight 

inspections, maintenance and repair, operations within airspace, as well as being trained to high safety 

standards. 

Under the requested exemption AEROWAZE ensures that all operators have completed a small 

unmanned aircraft systems (UAS) education and training program including all applicable regulations 

and guidance documents; including aeronautical background information such as charts, NOT AMS and 

Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; 

Basic Small UAS Aerodynamics; Weather Factors; Airmanship and Decision-Making and Safe Operating 

Procedures. 

Privacy will be paramount to AEROWAZE, and we will safeguard all data by storing data on hard drives, 

and not on cloud-based software platforms unless there is a signed agreement in place with all 

personnel and private property owners in the photos or video. 

We respectfully request exemption under Section 333 to enable AEROWAZE to operate safe, low-risk 

commercial sUA V operations for the activities stated. AEROWAZE at all times will respect the space and 

privacy of citizens and property whilst keeping our skies safe. 

AEROWAZE will be utilizing the same DJI and 3DR Robotics proven technologies the FAA has already 

scrutinized and approved for other Section 333 exemptions. Furthermore, AEROWAZE would like the 

FAA to consider that this request is based off of Docket# FAA-2014-0995-0001 and is not precedent 

setting. 

;t~ly, x:#~L----- William Neuhauser, P.E. 

Owner 

AEROWAZE, LLC 

21494 Coaley bay Drive 

Detroit Lakes, MN 56501 

218-847-9718 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

AEROWAZE, LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an FAA Modernization and Reform Act, Section 333 Exemption be issued for Tarot 680 

Pro, Skywalker x-8 Plane and DJIInspire sUAS under the following provisions: 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the designation. Additionally, we 

feel that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a 

high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in 

letters 3 inches high or greater. Since the aircraft will operate within view of the ground 

station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in 

Command and 61.133 

Commercial pilot privileges and limitations. The regulation provides 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; and (2) The aircraft does not carry passengers or property for compensation or 

hire. Our proposed operations require that the PIC must hold at least a Private Pilot Certificate 

issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet 
the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct 

a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an 

airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the F ARs, this 

Regulation is inapplicable. 

14 CFR 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. We assume that the intent of this requirement is to ensure that 

flight manual information is available to the aircrew while operating the aircraft. We request 

an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not be available to the crew during flight 

operations. To obtain an equivalent level of safety and meet the intent of91.9, we propose 

that a current, approved sUAS Flight Manual must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and 

certain flight tests. 

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

instruction unless that aircraft has fully functioning dual controls." The sUAS System groundbased control station consists of a small hand-held radio transmitter and while it does not 

offer a second set of "controls", both the student and instructor can, and will, operate the 

single set of controls simultaneously. With both student and instructor having "hands-on" the 

controls during flight, we feel that this technique meets the intent 91.109 and provides an 

equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be 

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer 

than 500 feet to the items listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-planned has been performed. The aircraft will 

be operated at a low altitude allowing, if a power unit fails, an emergency landing without 
undue hazard to persons or property on the surface. Therefore we maintain that due to the 

small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to 

manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 600 

feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with 

other aircraft. An Above Ground Level altimeter measurement above the takeoff point is 

transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, 

providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. We feel the intention of this paragraph is to provide an 

energy reserve as a safety buffer for delays to landing. The sUAS are battery operated and the 

maximum duration of flight from a single battery charge is 12-45 (depending on which sUAS) 

minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point 

of intended landing, a full battery charge at launch will ensure that we meet the reserve 

energy requirement of this paragraph. We request an exemption to the word "fuel" and ask 

for an equivalent interpretation with the word "energy". We also request exemption from the 

30 min reserve and ask that our reserve will be to fly the mission to the point of intended 

landing and have at least a 20% battery reserve after that. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew." The sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying passengers or crew. 

To obtain an equivalent level of safety and meet the intent of91.203, we propose that 

documents deemed appropriate for this aircraft by the FAA will be collocated with the crew at 

the ground control station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and registration certificates 
be permanently affixed to the aircraft via placard containing the following information plus 

the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive 

Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft 

in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized 

under 43.7" after maintenance and inspection. It is our intention that the PIC perform 

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for 

return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to 

every flight and in addition, conduct detailed inspections after every two hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board 

computer. All other maintenance will be performed by the manufacturer or their designated 

repair facility. The PIC will document work performed in accordance with 91.417. We feel that 

due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent 

level of safety.