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11/15/2015

John Talbott and Steve Baker

431 Aerial

4767 Mt. Rose Hwy.

Reno, NV 89511

775-771-1527

steven45vl@me.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Dear Sir or Madam:

This application is being submitted on behalf of John Talbott and Steve Baker 431 Aerial, 

also known as 431 Aerial, without legal counsel or consulting services.

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

Act) and 14 C.F.R. Part 11, 431 Aerial, operators of Small Unmanned Aircraft Systems

(“SUASs”) equipped to conduct aerial photography and videography, hereby applies for 

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

commercial operation of its SUASs, 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 333.1.

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

SUASs under controlled conditions in airspace that is 1) limited 2) predetermined and 3) 

controlled. The proposed exemption, if granted, would allow 431 Aerial to conduct 

commercial operations of small unmanned aircraft systems meeting or exceeding all of 

the operational and safety requirements Congress has set forth in Section 333.

431 Aerial plans to exploit the capabilities of Unmanned Aerial Systems to offer a 

multitude of services, including:

-Aerial surveying/reconnaissance

-Event Photography /Videography

-Remote sensing for wildlife, forestry or agriculture purposes

-Real Estate Photography

-Aerial filmmaking and photography

-Facilities inspections and monitoring

-Educational and research operations
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Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in

the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the 

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it 

clear that Section 333 provides a mechanism for “expedited operation authorization” if 

several factors are met.

Petitioner meets all requirements to permit FAA approval of commercial UAS

operations.

The Petitioner Requests Relief From the Following:

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

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

14 C.F.R. 91.7 (a)

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

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

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

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 -91.417)

Unmanned Aircraft System

SUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper 

equipment and personnel cost, reduced noise and as such, a much smaller environmental

impact which promotes public safety.

431 Aerial is petitioning for exemption to enable the operation of a DJI Inspire One 

equipped with a 4K/ 1080P camera mounted to a 3 axis 360 degree rotating gimbal and a 

DJI Phantom 3 Professional equipped with a 4K/ 1080P camera mounted on a 3 axis 

gimbal. These SUAS have built-in capabilities to limit the height they fly above the 

ground, to set the radius of the distance they fly from the operators and from Class B, C 

and D airspace. The DJI Inspire One and DJI Phantom 3 Professional also have a failsafe 

function of an autopilot system, which means when the communication between the Main 

Controller and the transmitter is disconnected, the outputs of all command sticks from 
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the controller will go to the center position. If the GPS signal is good enough, the system 

will automatically trigger Return to Home and will land safely.

The above specifications meet with the Model Aircraft Operating Standards as set 

below:

• 431 Aerial will only operate its SUAS in line of sight of a pilot and/or observer and will 

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

described in the Flight Operations Procedures Manual. Such operations will insure that 

the SUAS will "not create a hazard to users of the national airspace system or the public."

• When flying SUAS within 5 miles of an airport, airport operators will be notified and 

the operator will give the right of way to avoid flying in the proximity of full-scale 

aircraft.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

• The SUAS will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned.

• Minimum crew for each operation will consist of the SUAS Pilot, and Visual Observer.

• The SUAS operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and gimbal).

• The SUAS will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally.

• Given the small size of the SUAS and the restricted sterile environment within which 

they will operate, our SUAS operations adhere to the Reform Act's safety requirements. 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on 

board and will thereby reduce current risk levels and thereby enhance safety and diminish 

the likelihood of death or serious bodily injury. With a small payload and maximum 

flight time of only 30 minutes, this offers little or no risk to national security.

By bypassing the need for (often cost-prohibitive) manned aircraft, the benefits of

reduced cost and improved quality of presentation from the UA will be

valuable to and benefit many buyers and sellers of real property.
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Other Remote Sensing applications related to science would like to be pursued. This 

includes all aspects of identifying, observing, and measuring object(s) without coming 

into direct contact with them.

Additionally, 431 Aerial request that we be allowed to use our systems, subject to all 

limitations cited in this application, to benefit first responders nearby if assistance is 

required. The base-of-operations for Aerial 431 is proximal to vast public-lands that see 

heavy recreational use resulting in increased demands for SAR operations in difficult or 

remote terrain. Furthermore, both applicants have enjoyed long careers as First 

Responders having built relationships with the local public agencies including fire 

fighters, the police, and the sheriff’s office, et al. Please reference attached letter of 

endorsement from Fire Chief Mike Brown. 

431 Aerial proposes:

a. No flight will be made with a Gross weight exceeding 55 pounds:

b. All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC:

c. All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation:

d. Operations will be restricted to flights over private property with the permission of the

property owner:

e. All required permits will be obtained from state and local government prior to 

operation:

f. 431 Aerial will not operate over densely populated areas:

g. 431 Aerial will not be operating over any open-air assembly of people:

h. 431 Aerial will not be operating over heavily trafficked roads:

i. 431 Aerial will not be operating within 5 NM of an airport or heliport:

John Talbott and Steve Baker 431 Aerial respectfully request exemption under Section 

333 to enable us to operate efficient, limited, low-risk commercial SAUS operations for 

the activities stated, respecting at all times the space and privacy of citizens and property 

whilst keeping our skies safe.

Sincerely,

John Talbott and Steve Baker

431 Aerial

775-771-1527

steven45vl@me.com
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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

John Talbott and Steve Baker 431 Aerial requests an exemption from the following 

regulations as well as any additional regulations that may technically apply to the 

operation of the SUAS:

14 CFR Part 21, Airworthiness Certificates

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

the FAA continues to work to develop airworthiness standards for Unmanned Aerial 

Systems, we request an experimental certificate be issued for both the DJI Inspire One 

and DJI Phantom 3 Professional under either or both of the following provisions:

21.191 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 lightweight, 

being constructed primarily of carbon fiber and 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 SUAS 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 
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"EXPERIMENTAL" on a placard on the top of the aircraft, as shown above, where the 

PIC (Pilot In Control), VO (Visual Observer) 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. 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 3/4 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. We feel that 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, "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 ground-based 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 
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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-flight planning 

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 are 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 400 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 launch and recovery point is transmitted via radio from 

the SUAS on-board computer to the display screen held by the PIC, providing a

constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation 

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

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

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

reserve as a safety buffer for delays to landing. The SUAV is battery operated and the 

maximum duration of flight from a single battery charge is 24 minutes with a 20% 

reserve. Since the aircraft will never fly more than 3/4 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".

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." At a maximum gross weight 

of 5.3 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 these

aircraft by the FAA will be co-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 airworthiness and registration certificates be permanently affixed to 

the aircraft via placard containing the following information plus the word 

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

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

Alterations. The regulation provides that the operator is primarily responsible for 

maintaining the aircraft in an airworthy condition, including compliance with part 39 and 

43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to 

service by a person authorized under 43.7" after maintenance and inspection. It is our
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intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will ensure that the 

aircraft is in an airworthy condition prior to every flight and in addition conduct detailed 

inspections after every two hours of flight. Maintenance performed by the PIC is limited 

to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document 

work performed in accordance with 91.417. We feel that due to the size, construction, 

and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

431 Aerial will be using the SUAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles 

offer a myriad of benefits over the use of full-sized manned aircraft for electric power 

line inspection, oil/gas pipeline inspection, advanced agriculture, film and still 

photography, just to name a few. Replacing significantly larger manned aircraft carrying 

crew and flammable fuel with small UAS carrying no passengers or crew creates a much 

greater margin of safety for the pilots and crew. By granting 431 Aerial’s requested 

exemptions, the FAA will help drive development of safe and successful commercial 

UAS operations and will advance the public knowledge base for such operations. We are

committed to promoting the UAS research efforts of policymakers including the FAA, 

NASA, DOD and DARPA by sharing data from its commercial UAS operations and 

serving as a resource for future UAS research operations. Thus, the FAA has good cause 

to grant this Petition.

Conclusion

As pointed out in this application, all the SUASs which our company proposes to use, 

under authorization by the US DOT-FAA, are small, lightweight devices operated within 

the line of sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and 

outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with 

aviation activities, unless the air traffic control authorities (ATC) have been notified and 

have authorized each flight within a radius of this distance.

Our SUASs have proven capability for controlled flight. They are devices offered for 

general sale on the market around the world and have often been used as Model Aircraft 

in the USA. I am certain that the studies conducted until now by the FAA, about Section 

332, Public Law 112-95, 2014, have already provided you with the assurances on the 

airworthiness of SUAs such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and John 

Talbott and Steve Baker 431 Aerial should be permitted to conduct small UAS operations 

in accordance with its manuals and all other operating parameters deemed necessary and 

appropriate by the FAA. The submission of this application and its contents is the best 

demonstration that indeed it is possible to pursue the authorization process so that some 

SUASs may be used for legitimate commercial activities and under reasonably safe 

conditions.
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