August 21st , 2015

Petitioning for Exemption under Section 333 for Aerial Video Service, LLC

U.S. Department of Transportation, Docket Management System

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE

Washington, DC 20590

Dear Sir or Madam:

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

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

and 14 CFR Part 11, Aerial Video Services, LLC., owner and operator of an Unmanned Aircraft 

System (UAS).

Commercial operation of a UAS, as described herein, which are equipped with camera(s) and 

sensors, would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering, insurance inspection, and other related 

professional activities.

 Aerial photography and/or video for public and/or private use including television, 

public events, and news gathering.

 Aerial photography and/or video for assistance with search and rescue operations in 

cases of emergency and/or natural disaster at the request of the local authorities or 

government.

 Crop and agricultural monitoring.

Hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

the commercial operation of its UAS, so long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by 

section 333.

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) 
will provide safety enhancements to the already safe operations in the industry presently using 

conventional aircraft. Approval of the exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” 

Section 333(c) of the Reform Act.

The name and address and contact information of the applicant is:

Applicant: Aerial Video Service, LLC.

Attn: Nicholas W. Mechikoff, owner/operator

Phone: 712-253-5952

Email: mwavs@cableone.net

Address: 4546 Perry Way

Sioux City, IA 51104

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the national

airspace system (NAS) before completion of the rulemaking required under Section 332 of the

Reform Act. In making this determination, the Secretary is required to determine which types of

UASs do not create a hazard to users of the NAS or the public or pose a threat to national

security in light of the following:

 The UAS’s size, weight, speed, and operational capability

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

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

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely

in the national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added)

Applicant interprets this provision to place the duty on the Administrator to not only process

applications for exemptions under section 333, but for the Administrator to craft conditions for

the safe operation of the UAS, if it should be determined that the conditions set forth herein do

not fulfill the statutory requirements for approval. The Federal Aviation Act expressly grants the 

FAA the authority to issue exemptions. This statutory authority by its terms includes exempting 

civil aircraft, as the term is defined under §40101 of the Act that includes sUAS, from the 

requirement that all civil aircraft must have a current airworthiness certificate. The 

Administrator may grant an exemption from a requirement of a regulation prescribed under 
subsection (a) or (b) of this section or any sections 44702- 44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC 

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Aerial Video Service, LLC., sUAS are rotorcraft, weighting 55 or fewer lbs. including payload. 

They operate, under normal conditions at a speed of no more than 50 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. They will 

operate only in line of sight and will operate only within a sterile area. Such operations will 

insure that the sUAS will “not create a hazard to users of the national airspace system or the 

public.” Reform Act Section 333 (b). Given the small size of the sUAS involved and the restricted 

sterile environment within which they will operate, the applicant falls squarely within that zone 

of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due to the 

size of the UASs and the restricted areas in which the relevant sUAS will operate, approval of 

the application presents no national security issue. Given the clear direction in Section 333 of 

the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the significant public 

benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs, the grant of the requested exemptions is in the public 

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

exemption without delay.

Regulations from which the exemption is requested:

14 C.F.R part 21

14 C.F.R 45.23

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

14 C.F.R 91.7(a)

14 C.F.R 91.9 (b)(2)

14 C.F.R 91.109

14 C.F.R 91.119

14 C.F.R 91.121

14 C.F.R 91.151 (a)

14 C.F.R 91.203 (a) and (b)

14 C.F.R 91.205 (b)

14 C.F.R 91.215

14 C.F.R 91.401 – 91.417

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional 

aircraft. The applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These limitations 
provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a Safety enhancement to the 

already safe operations conducted with conventional aircraft. These limitations and conditions 

to which Aerial Video Service, LLC. agrees to be bound when conducting commercial operations 

under an FAA issued exemption include:

These limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual (FOM) include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 50mph.

 Flights will be operated within the line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO).

 Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 15% battery power reserve or 5 minutes of remaining flight time, 

whichever comes first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 250 feet above an elevated platform from which the filming is 

planned.

 Minimum crew for each operation will consist of the sUAS Pilot, but may include but not 

limited to the Visual Observer (VO) and a camera operator.

 The sUAS pilot will be the designated Pilot in Command (PIC).

 A briefing will be performed regarding the planned UAS operation prior the each day’s 

flight consisting of all the days’ production activities and/or flight plan.

 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

 The flights will occur no closer than a 5 mile radius of the geographical center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5 mile radius of the geographic center/Airport Reference 

Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be 

contacted advising them of the estimated flight time, flight duration, elevation of flight 

and other pertinent information.

 The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of 

the flight operation, and the radius may be reduced to 25 feet based upon an equivalent 

level of safety determination, as required under the FOM.

 The PIC and VO will have been trained in operation of sUAS and receive up-to-date 

information for the particular sUAS to be operated.

 The PIC and the VO will be able to communicate clearly by voice without interruption.

 Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire, or other appropriate 

governmental agencies.
 If the UAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a pre-determined location within a designated 

location and land autonomously.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies.

14 C.F.R Part 21, Airworthiness Certificates

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

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

request an experimental certificate be issued for the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 under either or both of the following provisions:

211.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new 

uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other

operations to show compliance with the airworthiness regulations including flights 

to show compliance for issuance of type and supplemental type certificates, flights 

to substantiate major design changes, and flights to show compliance with the 

function and reliability requirements of the regulations. Since the experimental 

certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. The aircraft will not carry 

persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UA's light weight, being constructed primarily of 

foam, carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if 

not safer, than a conventionally certificated aircraft performing the same mission. If 

an experimental airworthiness certificate is not appropriate for this application, then 

we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 

airworthiness certificate in general, citing the equivalent level of safety outlined in 

the previous paragraph.

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

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

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

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

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

placed, and may not have a registration number assigned to it by the FAA. We propose to 
achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

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

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

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

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

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

letters 3 inches high or greater. Since the aircraft will operate within 1/2 NM of the ground 

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

investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

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

as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. Our proposed operations require that the PIC 

must hold at least a drivers license issued by the state in which he/she resides and since the 

aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

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

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that 

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

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

the documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

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

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

a second set of "controls", both the student and instructor can, and will, operate the single set 
of controls simultaneously. With both student and instructor having "hands-on" the controls 

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

level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

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

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS 

would be photography or survey of persons, vessels, vehicles or structures it would be 

necessary to operate closer than 500 feet to the items listed. Operations will only be flown over 

property or persons where permission has been obtained and careful pre-planned has been 

performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. Therefore we 

maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is 

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

14 CFR 91.121 Altimeter settings.

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

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 500 

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

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

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

constantly updated AGL readout.

14 CFR 91.151 Fuel Requirements for flight in VFR conditions

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

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 

30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety 

buffer for delays of landing. The sUAS are battery operated and the maximum duration of flight 

from a single battery charge is 12-35 minutes with a 15% reserve. Since the aircraft will never 

fly more than 1⁄2 NM from the point of intended landing, a full battery charge at launch will 

ensure that we meet the reserve energy requirement of this paragraph. We request an 

exemption to the word “fuel” and ask for an equivalent interpretation with the word “energy”. 

We also request exemption from the 30 minute reserve and ask that our reserve will be to fly 

that mission to the point of intended landing and have at least 15% battery reserve after that.

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

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

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

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

cockpit entrance so that it is legible to passengers or crew.” With our largest sUAS, the DJI 
Phantom 2 Vision+, at a maximum take-off-weight of 4.00 pounds, the sUAS is too small to 

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

crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that 

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

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

aircraft, we propose that the information found on the airworthiness and registration 

certificates be permanently to the aircraft containing this information plus the word 

“EXPERIMENTAL” to satisfy the requirement of 14.CFR 45.23.

14 CFR 91.205(b) Powered civil aircraft with standard category U.S. airworthiness certificates 

: Instrument and equipment requirements

The regulation provides that aircraft is equipped with a standard set of instruments to be used 

onboard to determine location, relative speed, relative direction, and engine status while in 

flight. Due to the fact that this aircraft cannot carry onboard passengers or crew, having 

instruments on board the aircraft is not necessary. The PIC will be able to access these data 

thru use of the ground station control. The PIC will be able to access electronic relay of ground 

speed, direction of the aircraft, altitude above ground, and remaining battery life of the aircraft 

in order to maintain an equivalent level of safety.

14 CFR 91.215 ATC transponder and altitude reporting equipment and use.

The regulation provides for the reporting of transponder locations to ground based Aircraft 

Control Towers. We feel that maintaining the sUAS at an altitude at or below 400 feet would 

exempt us from this requirement. The PIC will ensure the aircraft will not exceed this altitude 

requirement by use of AGL indications relayed electronically by the ground station controls. 

Software onboard the ground station will not allow this ceiling to be broken by the PIC and 

therefore will maintain an equivalent level of safety.

14 CFR Subpart E (91.401 – 91.417) Maintenance, Preventative Maintenance, Altercations

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

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

91.409 require that the aircraft be “approved for return of service by a person authorized under 

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

and inspection of the aircraft and “be authorized to approve the aircraft return to service.” The 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections, 

replacing electronic circuit boards, and updating software and firmware for the on-board 

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

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

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

level of safety.