August 19, 2015

Exemption No. 12526 Regulatory Docket No. FAA

– 20 15

– 1105

Mr. David Preznuk

CEO Aerial Strategies, LLC

13103 Aden Road Nokesville, VA 20181

Dear Mr. Preznuk :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives y ou the conditions and limitations of the exemption, including the date it ends.

By letter posted to the public docket on April 22, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Aerial Strategies, LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct flight instruction 1 and commercial aerial work flight operations

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any

d elay in acting on this petition would be detrimental to the petitioner

.

1 T he petitioner also requested authority to conduct UAS training. At this time, the FAA is unable to authorize UAS operations for training until a further assessment is completed. When the FAA completes its review, we will proceed accordingly and no further action will be required by the petitioner. However, the petitioner is permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the

other conditions and limitations in th is e xemption.2

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 3 and DJI Inspire

.

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in

reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 2

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced s afety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Aerial Strategies, LLC is granted an exemption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c),

2 Aerial data collecti on includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to opera te a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Aerial Strategies, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 and DJI Inspire wh en weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitt ed.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated w ithin 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 or
U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. Th e VO and PIC must be able to communicate verbally at all times ;

e lectronic 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 fli ght. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of4

exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption a nd the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revis e its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documen ts if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its gran t of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight charact eristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 fe et from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipme nt. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator mus t follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the Distric t of Col u mbia, Puerto Rico, a territory, a possession, or the Federal5

government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experie nce

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted dur ing dedicated training sessions. During

traini ng, 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not aut horized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available

to the Admi nistrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is prohibited from beginning a flight unl ess (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. A ir Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The6

exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear a nd give way to all manned aviation operations and

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, 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 protectio n. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator t rainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative.

P ermission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. 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 FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be7

reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

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

e. Name and certificate number of UAS PICs invol ved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request ;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operati on.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption , the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.8

This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresPetition for Exemption (Pursuant to 14 CFR Section 11.81)

Identification of Petitioner

This petition for exemption is submitted on behalf of Aerial Strategies, LLC 13103 Aden Road, Nokesville, VA 20181, (via email at dpreznuk@aerialstrategies.com).

Petition Based Upon Prior Exemption

This petition is based, in part, upon prior exemption granted pursuant to In the matter of Douglas Trudeau, Realtor (Regulatory Docket No. FAA

- 2014

- 0481, Exemption issued lanuary 5, 2015).

Request for Exemption

Aerial Strategies respectfully requests relief from the following regulations for the purpose of conducting flight instruction and commercial "aerial work" flight operations (as defined by 14 CFR Section 119.1(e)(1) Student instruction, Section 119.1(e)(4)(iii) Aerial photography or survey, and Section 119.1(e)(4)(vi) Powerline or pipeline patrol) utilizing DJI Phantom 3 and DJI Inspire 1 Unmanned Aerial Systems ("UAS"):

Part 21 prescribing the procedural requirements for issuing and changing design approvals, p roductions approvals, airworthiness certificate s, and airworthiness approvals. (Aerial Strategies believes relief from this section is not necessary under the statutory criteria provided in Section 333 of Public Law 112

- 95 [P.L. 112

- 95] in reference to 49

USC Section 44794 given the size, weight, speed, and limited operating area associated with the proposed UAS)

Section 45.23(b) prescribing that when marks include only the Roman capital letter "N" and the registration number is displayed on limited, restr icted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters

not less than 2 inches nor more than 6 inc hes high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. (Aerial Strategies believes relief from this section is not necessary as the proposed UAS is not certificated under

Section 21.191 and this petitio n is submitted in connection with proposed operations as a
Civil UAS)

Section 61.31(a) prescribing that a person who acts as a pilot in command of any of the following aircraft must hold a type rating for that aircraft for other aircraft specified by

the Administrator through aircraft type certificate procedures:

(1) Large airc raft (except lighter

- than

- air). (2) Turbojet

- powered airplanes. (3) Other aircraft specified by the Administrator through aircraft type certificate procedures.(Aerial Strategies believes reli ef from this section is not necessary under the statutory criteria provided in Section 333 of P.L. 112

- 95 in reference to 49 USC Section 44794 given the size, weight, speed, and limited operating area associated with the proposed UAS)

Section 61.31(c) prescribing that unless a person holds a category, class, and type rating (if a class and type rating is required) that applies to the aircraft, that person may not act as pilot in command of an aircraft that is carrying another person, or is operated for compensation or hire. That person also may not act as pilot in command of that aircraft for compensation or hire. (Aerial Strategies believes relief from this section is not necessary under the statutory criteria provided in Section 333 of P.L. 112

- 95 in reference to 49 USC Section 44794 given the size, weight, speed, and limited operating area associated with the proposed UAS) Section 61.31(d) prescribing that to serve as the pilot in command of an aircraft, a person

must

-

(1) Hold the appro priate category, class, and type rating (if a class or type rating is required) for the aircraft to be flown; or (2) Have received training required by this part that is appropriate to the pilot certification level, aircraft category, class, and type rating ( if a class or type rating is required) for the aircraft to be flown, and have received an endorsement for solo flight in that aircraft from an authorized instructor.

(Aerial Strategies believes relief from this section is not necessary under the statutory criteria provided in Section 333 of P. L. 112

- 95 in reference to 49 USC Section 44794 given the size, weight, speed, and limited operating area associated with the proposed UAS or, alternatively, requests relief from this section by Pilot in Command (PlC) compliance with the applicable operational documents published by the manufacturer and the Proposed Conditions and Limitations set forth in this petition)

Section 91.7(a) prescribing that no person may operate a civil aircraft unless it is in an airworthy condition. (Aerial Strategies requests relief from this section by Pilot in Command (PlC) compliance with the applicable operational documents published by the manufacturer and the Proposed Conditions and Limitations set forth in this petition)

Section 91.7(b) prescribing that the pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight and th at the PIC shall discontinue the flight when not airworthy mechanical, electrical, or structural conditions

occur. (Aerial Strategies requests relief from this section by Pilot in Command (P1C) compliance with the applicable operational documents published by the manufacturer and the Proposed Conditions and Limitations set forth in this petition)

Section 91.9(b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Fligh t Manual, approved manual material, markings, and placards, or any combination thereof. (Aerial Strategies believes relief from this section is not necessary as the FAA has previously determined relief is not required provided the relevant materials publis hed by themanufacturer are kept in a location accessible to the PIC in compliance with the regulations)

Section 91.103(b) prescribing that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, and takeoff and land ing distance information. (Aerial Strategies believes relief from this section is not necessary provided the PIC complies with the Proposed Conditions and Limitations set forth in this petition)

Section 91.109(a) prescribing, in pertinent part, that no p erson may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. (Aerial Strategies believes relief from this section is not necessary provided the P1C com plies with the Proposed Conditions and Limitations set forth in this petition or utilizes the Dll Inspire 1 UAS dual control feature)

Section 91.119 prescribing that, except when necessary for takeoff or landing, no person may operate an aircraft below t he following altitudes:

1. Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (Aerial Strategies believes relief from this section is not necessary provided the Pilot in Co mmand (PIC) complies with the applicable operational documents published by the manufacturer and the Proposed Conditions and Limitations set forth in this petition)

2. Over congested areas. Over any congested area of a city, town, or settlement, or

over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (Aerial Strategies believes relief from this section is not necessary provided the Pilot in Command (PIC) complies with the applicable operational documents published by the manufacturer and the Proposed Conditions and Limitations set forth in this petition)

3. Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (Aerial Strategies requests relief from this section by Pilot in Command (PIC) compliance with the applicable operational documents published by the manufacturer and the Proposed Conditions and Limitations set forth in this petition)

Section 91.121 requires, in pertinent part, 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." (Aerial Strategies believes relief from this section is not necessary provided the PIC complies with the Proposed Conditions and Limitatio ns set forth in this petition)

Section 91.151(a) prescribing that no person may begin 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 [emphasis added]. (Aerial Strategies requests relief from this section by Pilot in Command (PIC) compliance with the applicable operational documents publis hed by the manufacturer a nd the Proposed Conditions and Limitations set forth in this petition)

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for oper ation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c). (Aerial Strategies believes relief from this section is not necessary as the FAA has previously determined relief is not required provid ed the relevant materials published by the manufacturer and the Proposed Conditions and Limitations are kept in a location accessible to the PIC in compliance with the regulations )

Section 91.203(b) prescribing, in pertinent part, that no person may oper ate a civil aircraft unless the airworthiness certificate 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. (Aerial Strategies believes relief for this section is not necessary as the FAA has previously determined relief is not required provided the relevant materials published by the manufacturer and the Proposed Conditions and Limitations are kept in a location accessible to the PIC in compliance with the regu lations)

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter. (Aerial Strategies requests relief from this section by Pilot in Command (PIC) compliance with the applicable operational documents published by the manufacturer and the Pro posed Conditions and Limitations set forth in this petition)

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been app roved for return to service by a person authorized under § 43.7 of the same chapter. (Aerial Strategies requests relief from this section by Pilot in Command (PIC) compliance with the applicable operational documents published by the manufacturer

and the P roposed Conditions and Limitations set forth in this petition)

Section 91.409(a) prescribing that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) an annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person au thorized by §43.7 of this chapter; or (2) that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. (Aerial Strategies requests relief from this section by Pilot in Command (PIC) compliance with the applicable operational documents published by the manufacturer and the ProposedConditions and Limitations set forth in this petition)

Section 91.417(a) and (b) pre scribing, in pertinent part, that

—

(a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

1. Records of the maintenance, preventive maintenance, and alteration and records

of the 10 0

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an airc raft. The records must include

–

a. A description (or reference to data acceptable to the Administrator) of the work performed; and

b. T he date of completion of the work performed; and

c. The signature, and certificate number of the person approving the aircraft

for return to service.

2. Records contai ning the following informati on:

a. The total time in service of the airframe, each engine, each propeller, and

each rotor.

b. The current status of life

- limited parts of each airframe, engine, p ropeller, rotor, and appliance.

c. The time since last overhaul of all items installed on the aircr aft which are required to be overhaule d on a specified time basis.

d. The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft

and its appliances are maintained.

e. Th e current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and dat e when the next action is required.

f. Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the foll owing records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.(Aerial Strategies requests relief from this section by Pilot in Command (PIC) compliance with the applicable operational documents published by the manufacturer and the Proposed Conditions and Limitations set forth in this petition)

Extent of and Reasons for Relief Soug ht

Aerial Strategies intends to operate two commercially available UAS types (DJI Phantom

3 and DJI Inspire 1) for the purpose of providing flight demonstration and instruction and aerial work under the provisions of 14 CFR Section 119.1 ( e)(1) Student instruction, Section 119.1 (e)(4)(iii) Aerial photography or survey, and Section 119.1 (e)(4)(vi) Powerline or pipeline patrol. Aerial Strategies owner and pilot, David Preznuk , holds a

current Private Pilot (Airplane Single Engine Land, Inst rument) license.

Public Interest and Benefit

The above "aerial work" services, normally provided in manned aircraft, may be provided with increased safety and at significantly lower cost in situations where the use of unmanned UAS aircraft would supplemen t or replace the use of manned aircraft as a result of safety or economic considerations in certain applications where extended operational range and limited time aloft are not a factor. The proposed UAS operations will pose no threat to the public given i ts small size and lack of combustible fuel when compared to larger manned aircraft, minimize potential ecological affects or damage, and promote economic growth by providing data information to individuals or companies requiring aerial survey or imaging da ta. Additionally, the growth of the UAS industry has precipitated a large influx of "recreational" UAS pilots without formal knowledge or training regarding the effects or potential danger of UAS flight with the National Airspace System (NAS). While it is unclear what, if any, pilot certification requirements will ultimately apply to UAS pilots operating for commercial purposes under the final rulemaking process, there is a present need for training and dissemination of the applicable federal aviation regul ations and flight characteristics of UAS to the general public; specifically current and potential UAS operators. UAS flight and ground demonstration and instruction for compensation utilizing the current system of certificated flight instructors provides economic incentive to accomplish the public goal of integration of both recreational and commercial UAS into the NAS while promoting safety and maintenance public awareness of current regulations affecting UAS operation.

Exemptions Provide a Level of Safe ty Equal to or Greater than the Existing Level under Current Regulations

The use of UAS operated under the requested exemptions as set forth above have the capacity to operate with less risk of accident or injury and the associated loss of property

or lif e while performing the same aerial work services offered in manned aircraft in certain situations where extended operational range and limited time aloft are not a factor. Likewise, UAS flight and ground demonstration and instruction for compensation

promo te and encourage the existing system of certificated flight instructors to participate in the public educational process utilizing UAS rather than manned aircraft.Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accide nt.
The DJI Phantom 3 and Inspire 1 carry no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated.

This petition for exemption does not propose an electronic means to monitor and

communicate with other aircraft, such as transponders or sense and avoid technology. Rather the risk is mitigated by placing limits on altitude, requiring stand

- off distance from clouds, permitting daytime operations only, and requiring that the UAS be operated within VLOS and y ield right of way to all manned operations. Additionally, the Proposed Conditions and Limitations provide that the Aerial Strategies will request a notice to airmen (NOTAM) prior to operations to alert other users of the NAS.

Aerial Strategies' UAS has th e capability to operate safely after experiencing certain in

flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability, augmentation and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with pre

- coordinated automated flight maneuvers. These safety features provide an equivalent or higher level of safety compared to a manned aircraft holding an airworthiness certificate (restricted or otherwise) performing a similar operation.

Federal Register Su mmary

Aerial Strategies Exploration Company, including its chief pilot Craig E Bryan, seeks exemption from the following regulations for the purpose of conducting flight instruction and commercial "aerial work" flight operations utilizing Unmanned Aerial Systems ("UAS") as set forth under the provisions of 14 CFR Section 119.1 (e)(1) Student instruction, Section 119.1 (e)(4)(iii) Aerial photography or survey, and Section 119.1 (e)(4)(vi) Powerline or pipeline patrol:

**Relief C onsidered (14 CFR)**  **FAA Consideration or Action Requested** 

Part 21 Relief not necessary pursuant to prior exemption 1

45.23(b) Relief not necessary pursuant to prior exemption 61.31(a) Relief not necessary (Section 333 of P.L. 112

- 95) 2 61.31(c) Relief not necessary (Section 333 of P.L. 112

- 95) 2 61.31(d) Relief not necessary (Section 333 of P.L. 112

- 95) 2

91.7(a) Relief granted in prior exemption with conditions and limitations 91.7(b) Relief not necessary pursuant to prior exemption 1

91.9(b)(2) Relief not necessary pursuant to prior exemption 1 91.103(b) Relief not necessary pursuant to prior exemption 1 91.109(a) Relief not necessary pursuant to prior exemption 1

91.119 Relief [paragraph (c)] granted in prior exemption with conditions and

1 In the matter of Douglas Trudeau, Realtor, Regulatory Docket No. FAA

- 2014

- 0481

2 Relief from this section is not necessary under the statutory criteria provided in Section 333 of P.L. 112

- 95

in reference to 49 USCSection 44794 given the size, weight, speed, and limited operating area associated with
the proposed UASlimitations 1

91.121 Relief granted in prior exemption with conditions and limitations 91.151(a) Relief [paragraph 91.151(a)(1), day] granted in prior exemption with

conditions and limitations 1 91.203(a) and (b) Relief not necessary pursuant to prior exemption 1 91.405(a) Relief granted in prior ex emption with conditions and limitations 1 91.407(a)(1) Relief grant 1 ed in prior exemption with conditions and limitations 1 91.409(a)(1) and (2) Relief granted in prior exemption with conditions and limitations 1 91.417(a) and (b) Relief granted in prior e xemption with conditions and limitations 1

Additional Information Offered in Support of this Petition for Exemption

Aerial Strategies

, Owner & CEO, David Preznuk, holds a current Airplane Single

- Engine Land, Instrument airman’s certificate. Additionally, Mr. Preznuk has operated commercially available UAS vehicles for the past two in order gain flight experience and familiarity with the operating characteristics and limitations of the UAS and its videography and photography systems. As a res ult it is believed there are certain aerial work situations, where the range and time aloft limitations of UAS are not a factor, whereby aerial work may be conducted with greater safety and less risk to persons or property on the ground while offering the same or improved level of aerial work product. Manned aircraft platforms such as airplanes and helicopters often subject the occupants as well as persons and property on the ground to higher levels of risk for accident or injury even while being operated p ursuant to all of the applicable federal aviation regulations.

1 In the matter of Douglas Trudeau, Realtor, Regulatory Docket No. FAA

- 2014

- 0481 2 Relief from this section is not necessary under the statutory criteria provided in Section 333 of P.L. 112

- 95 in reference to 49 USCSection 44794 given the size, weight, speed, and limited operating area associated with the proposed UAS

The DJI Phantom 3 and the DJI Inspire 1 UAS are both commercially produced and widely available aeria l videography and photography platforms utilizing advanced GPS enabled stability augmentation and control systems including "failsafe" features allowing the operator to manually take control of the aircraft or initiate an automated "return to

home" feature in the event of adverse inflight events. The UAS also incorporates

automated "failsafe" features to initiate "return to home" or "autoland" commands in the event of loss of control signal link or diminished battery output or capacity.

The manufacturer, D JI, provides comprehensive operational and safety manuals for both UAS and all flights will be conducted in accordance with the requirements and guidance

issued in these manuals.

Aerial Strategies states that § 91.7(a) prohibits the operation of an aircra ft without an airworthiness certificate. Aerial Strategies asserts that since there is currently no certificate applicable to his operation, this regulation is inapplicable.

Aerial Strategies states that § 91.9(b)(2) requires an aircraft flight manual in the aircraft,however since there are no pilots or passengers on board his aircraft and given its size, this regulation is inapplicable. Aerial Strategies further indicates an equivalent level of safety will be achieved by maintaining a safety/flight manua l with the UAS ground

station.

Proposed Conditions and Limitations

Aerial Strategies (also hereafter referred to as the operator) proposes the foll owing Proposed Conditions and C itations in the form of a proposed Grant of Exemption:

The following docume nts, including any updates or revision by the manufacturer, provided by the operator in its petition are incorporated by reference, and are hereinafter referred to as operating documents:

. 1) DJI Inspire 1 User Manual (EN) v1.0

. 2) DJI Inspire 1 Safety Guidelines v1.0

. 3) DJI Intelligent Flight Battery Safety Guidelines v1.0

. 4) DJI Phantom 3 User Manual (EN) v1.6

. 5) DJI Phantom 3 Pilot Training Guide (EN) v1.1

. 6) DJI Smart Flight Battery Safety Guidelines(EN, FR, DE and JP)

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1) Operations authorized by this grant of exemption are limited to the following aircraft described in the op erating documents which are quad

- rotor aircraft weighing less than 55 pounds:

DJI PHANTOM 3 Unmanned Aircraft System (manufacturer published gross weight 2.74 pounds) ; and, D JI Inspire 1 U nm anned A irc (manufacturer published gross weight 6.47 pounds).

Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

. 2) The UAS may not be flown at an indicated airspee d exceeding 43 knots

.

. 3) The UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. AII altitudes reported to ATC must be in feet AGL.

. 4) The UAS mu st be operated within visual line of sight (VLOS) of the Pilot inCommand (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 certi ficate.

. 5) AII operations commercial "aerial work" flight operations [as defined by 14 CFR

Section 119.1 (e)(1) Student instruction, Section 119.1 (e)(4)(iii) Aerial
photography or survey, and Section 119.1 (e)(4)(vi) Powerline or pipeline patrol]

must utilize a visual observer (VO). The UAS must be operated within the visual line of sight (VLOS) of the VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The

VO and PIC must be able to c ommunicate verbally at all times. 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 VO can perform the functions prescribed in the operating documents.

. 6) AII flight instruction operations must be conducted such that the flight instructor has immediate access to the master ground control station (either through physical proximity or electronic access through a slave ground controller) for the purpose

of ass uming positive control of the UAS in the event of loss of control by a trainee or person acting under the provisions of a student pilot certificate issued by the FAA.

. 7) The operating documents and this grant of exemption must be accessible during

UAS o perations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein tal(e 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 he petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this 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 documen ts.

. 8) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS is prohibited from

3 Maximum published velocity [D JI Ph antom 3 (29.16 knots), DJI Inspire 1 operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. AII maintenance and altera tions must be properly documented in the aircraft

records.9) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who c onducts the functional test flight must make an entry in the

aircraft records.

10) The pre

- flight inspection section in the operating documents must account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in

the relevant sections of the operating documents.

11) The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

12) The operator must carry out its maintenance, inspectio ns, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the author ized person returning the UAS to

service.

13) Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

14) The authorized person must make an entry in the aircraft record of the corrective action taken against discrepanc ies discovered between inspections.

15) UAS operations must be conducted by a PIC possessing at least a private pilot

certificate and at least a current third

- class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

16) Prior to operations conducted for the purpose of flight instruction or aerial work as defined by 14 CFR Section 119.1 (e)(1) Student instruction, Section 119.1 (e)(4) (iii) Aerial photography or survey, and Section 119.1 (e)(4)(vi) Powerline or pipeline patrol, the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 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 documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience

- building flights can also be co nducted under this grant of exemption to accomplish the required flight time. However, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights the PIC is required to o perate the UAS with appropriate distances in accordance with 14 CFR 91.119.

17) Prior to operations conducted for the purpose of flight instruction or aerial work as defined by 14 CFR Section 119.1 (e)(1) Student instruction, Section 119.1 (e)(4)(iii)

Aer ial photography or survey, and Section 119.1 (e)(4)(vi) Powerline or pipeline patrol, the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS

to be use d in operations under the exemption; 5 hours make and model time may beincluded in the 10 hours of multi

- rotor time prescribed above. The PIC must accomplish

3 take

- offs and landings in the preceding 90 days (for currency purposes). Training, proficiency, experience

- building, and take

- off and landing currency flights can be conducted under this grant of exemption to accomplish the required flight time and 90 day currency. However, said training operations may only be conducted during dedicated training ses sions. During training, proficiency, and experience

- building flights the PIC is required to operate the UAS with appropriate distances in accordance with 14 CFR

91.119.

18) The operator may not permit the PIC to operate the UAS for the purpose of flight instruction or aerial work as defined by 14 CFR Section 119.1 (e)(1) Student instruction, Section 119.1 (e)(4)(iii) Aerial photography or survey, and Section 119.1 (e)(4)( vi) Powerline or pipeline patrol, unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

19) UAS operations may not be conducted during night, as defined in 14 CFR 1.1. AII operations must be conducted under visual meteorological cond itions (VMC).

20) The UAS may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

- published aeronautical chart unless, prior to such operation, the PIC coordinates and obtains authorization and airspace clearance from any National Airspace System (NAS) controlling authority having jurisdiction over the affected airspace and establishes and maintains continuous verbal communication or contact with said authority (ATC) through radio or telephonic methods for the dur ation of flight.

21) The UAS 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 UAS loses communications or loses its GPS signal, it m ust return to a pre

determined 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 op erating documents.

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 UAS with 30% battery power rema ining.

25) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operator to request a Notice to Airm an (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.26) AII aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identi fication (N

Number) markings in accordance with 14 CFR 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 UAS must comply with the Federal Comm unications Commission (FCC) or other appropriate government oversight agency requirements.

28) The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These

d ocuments must be made available to the Administrator or any law enforcement official
upon request.

29) The UAS must remain clear and yield the right of way to all manned aviation operations and activities at all times

30) The UAS may not be operated by t he PIC from any moving device or vehicle.

31) The UAS may not be operated over congested or densely populated areas.

32) Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a

. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS 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 UAS, 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 s tructures 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;

c. Operations nearer to the PIC, VO, operator trainees or essential pe rsons do not present an undue hazard to those persons per § 91.119(a).

33) AII 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.

34) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must b e reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the Nationa) Transportation Safety Board (NTSB) per instructions contained on theNTSB Web site: www.ntsb.gov.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

Respectfully submitted,

Aerial Strategies, LLC

__________________________

David Preznuk, CEO

Attachments:

Note: A11 attachments provided by hyperlink to insure document revision currency and compliance with manufacture's copyright policy

1) DJI Inspire 1 User Manual (EN) v1.0 http://download.dii

innovations.com/downloads/in spire 1/en/Inspire 1 User Manual v1.0 en.pdf

2) DJI Inspire 1 Safety Guidelines v1.0 http://download.dii

innovations.com/downloads/inspire 1/en/Inspire 1 Safety Guidelines en.pdf

3) DJI Intelligent Flight Battery Safety Guidelines v1.0 http://downloa d.dii

innovations.com/downloads/inspire 1/en/Intelligent Flight Battery Safety Guidelines en.pdf

4) DJI Phantom 3 User Manual (EN) v1.6 http://dow nload.dii

- innovations.com/downloads/phantom 2 vision plus/en/Phantom 2 Vision Plus User Manual v1.6 en.pdf

5) DJI Phantom 3 Pilot Training Guide (EN) v1.1 http://dow nload.dii

- innovations.com/downloads/phantom 2 vision plus/en/Phantom 2 Vision Plus Pilot Training Guide v1.1 en.pdf

6) DJI Smart Flight Battery Safety Guidelines(EN, FR, DE and JP) http://down load.dii

innovations.com/downloads/phantom 2 vision plus/Smart Flight Battery Safety Guidelines.pdf