August 19, 2015

Exemption No. 12526

Regulatory Docket No. FAA–2015–1105

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 you 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 aircraft system (UAS) to 

conduct flight instruction1and commercial aerial work flight operations.

See Appendix A for the petition submitted to the FAA describing 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 

delay in acting on this petition would be detrimental to the petitioner.

 

1 The 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 this exemption.
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 Public 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, Certification 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 collection2. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 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 Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety 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 the 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 collection 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 operate 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 when 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 permitted. 

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 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 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. The VO and 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 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 of 
4

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 and 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 revise 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 documents 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 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.

8. Any UAS that has undergone 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 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 feet 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 equipment. 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 must 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 District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
5

government. 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.

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 

(training, proficiency, and experience-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 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 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 authorized.

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 symbol 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 Administrator 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 signal, the UA must return to a 

pre-determined location within the private 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 unless (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. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
6

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 and 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, 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 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 trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission 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 FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
7

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 area 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 the 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 involved 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 operation.

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

Enclosures
Petition 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, productions approvals, airworthiness certificates, 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, restricted 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 inches 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 petition 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 aircraft (except lighter-than-air).

(2) Turbojet-powered airplanes.

(3) Other aircraft specified by the Administrator through aircraft type certificate 

procedures. 
(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(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 appropriate 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 that 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 Flight 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 published by the 
manufacturer 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 landing 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 person 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 complies 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 the 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 Command 

(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 Limitations 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 published by the manufacturer and 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 operation 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 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 regulations) 

Section 91.203(b) prescribing, in pertinent part, that no person may operate 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 regulations) 

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 Proposed 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 approved 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 Proposed 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 authorized 

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 Proposed 
Conditions and Limitations set forth in this petition) 

Section 91.417(a) and (b) prescribing, 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 100- 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 aircraft. The records must include –

a. A description (or reference to data acceptable to the Administrator) of the 

work performed; and

b. The 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 containing the following information:

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, propeller, 

rotor, and appliance.

c. The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled 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. The 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 date 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 following 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 Sought 

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, Instrument) 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 supplement 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 its 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 data. 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 regulations 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 Safety 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 life 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 

promote 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 accident. 

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 yield 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 the capability to operate safely after experiencing certain inflight 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 Summary 

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 Considered (14 CFR) FAA Consideration or Action Requested

Part 21 Relief not necessary pursuant to prior exemption1

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 exemption1

91.9(b)(2) Relief not necessary pursuant to prior exemption1

91.103(b) Relief not necessary pursuant to prior exemption1

91.109(a) Relief not necessary pursuant to prior exemption1

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 UAS 
limitations1

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 limitations1

91.203(a) and (b) Relief not necessary pursuant to prior exemption1

91.405(a) Relief granted in prior exemption with conditions and limitations1

91.407(a)(1) Relief grant1ed in prior exemption with conditions and limitations1

91.409(a)(1) and (2) Relief granted in prior exemption with conditions and limitations1

91.417(a) and (b) Relief granted in prior exemption with conditions and limitations1

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 result 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 pursuant 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 aerial 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, DJI, 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 aircraft 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 manual with the UAS ground 

station. 

Proposed Conditions and Limitations 

Aerial Strategies (also hereafter referred to as the operator) proposes the following 

Proposed Conditions and Citations in the form of a proposed Grant of Exemption: 

The following documents, 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 operating 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 airspeed 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 must be operated within visual line of sight (VLOS) of the Pilot in 
Command (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. 

. 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 communicate 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 assuming 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 operations 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 documents. 

. 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 [DJI Phantom 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 alterations 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 conducts 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, inspections, 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 authorized 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 discrepancies 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 conducted 

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 operate 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) 

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 5 hours as UAS pilot operating the make and model of the UAS 

to be used in operations under the exemption; 5 hours make and model time may be 
included 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 sessions. 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 conditions (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 duration 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 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. 

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 remaining. 

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 Airman 

(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 identification (NNumber) 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 Communications 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 

documents 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 the 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 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; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons 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 be 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 the 
NTSB 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.diiinnovations.com/downloads/inspire 1/en/Inspire 1 User Manual v1.0 en.pdf 

2) DJI Inspire 1 Safety Guidelines v1.0 http://download.diiinnovations.com/downloads/inspire 1/en/Inspire 1 Safety Guidelines en.pdf 

3) DJI Intelligent Flight Battery Safety Guidelines v1.0 http://download.diiinnovations.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://download.diiinnovations.com/downloads/phantom 2 vision plus/Smart Flight Battery Safety 

Guidelines.pdf