### July 8 , 2015

Exemption No. 11992 Regulatory Docket No. FAA

–20 15

– 1490

Mr. Anthony S Thurman Ms. Stephanie J Thurman Aerial Check UAVs P

. O

. Box 1813 Waller, TX 77484
Dear Mr. Thurman and Ms

. Thurman : 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 d ated April 14, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Aerial Check UAVs (hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial digital imagery, survey, and inspection

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification
The UAS proposed by the petitioner are the DJI Phantom 2 Vision + and DJI Spreading Wings S1000

. 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

### 2

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 an d parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s
. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner 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 i nterest. 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 Check UAVs 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), 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.

1 

### 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 (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3

Conditions and Limitations
In this grant of exemption, Aerial Check UAVs 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 2 Vision + and DJI Spreading Win gs S1000 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 o perated 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 ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the 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 exe mption, 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,

### 4

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 revi sed 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 fli ght 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 l east 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certifi cate.

### 5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, p roficiency, 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 ma y only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distanc e 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 symbo l as denoted on the current FAA

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

.

### 6

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 enforcem ent 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 control led

- access property with permission from the prop erty 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 reported to the National Transportation Safety Board (NTSB) per instructions containe d on the NTSB Web site: www.ntsb.gov

.

### 7

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 t o 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 fo r all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N−Number of UAS to be used; e. Name and certificate number of UAS PICs 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 July 31, 2017 , unles s sooner superseded or rescinded. Sincerely, /s/ John S. Duncan Director, Flight Standards Service

EnclosuresApril14 , 20 1 5

Doc ke t Manag e ment Facility U .S. O e p a rtm e nt of Transportation Do c k et M a nag em e nt Sy s tem 1200 Ne w J e r se y Av e S.E. W a shingt on D

. C. 

### 20590

RE: E xe mption R e quest, Section 

### 333 of th e FAA R efo r m Act of t h e Fed e ral Avi ation R e gulati ons from 

### 14 C.F. R

.

D ea r Si r or Mad a m:

P u r su a n t to t h e FAA Modernization a nd Reform Act of 

### 2012 and the proc e dur es contain e d within 

### 14 C.F

. R

. Par t II , Thurman & Thurman, LLC (dba Aerial Check UAVs) i s writin g to request that w e, Anthony 5 . T hurman and Steph a ni e J. Thurman, as owners and operator s of small unmann e d aircrafts (UAS) e quipp e d to condu ct
aeri a l d ig i t al imagery, respectfully request to be gran t ed exemption as l ist e d b e low.

T hi s e xemption will permit Aerial Check UAVs to operat e an Unm a nn e d Aircr aft System (UAS) for t he commercial pur po se of conducting aerial inspections and surveys as well as po s t-di sas t e r aeri a l s u p po rt

. Inspecti ons wou l d include property, l a nd survey and other high st r u c tur e s th a t c urr ent ly requir e fa ll prot e ction gea r (i. e

. Cellul a r/RF tower s and roofs). Additiona l ly, we s hall oper ate in a reas of agricu l ture 

### a n d
search a nd rescues and will provide digital imaging services for the purpo se of developing m a r ke ting
m a teri a l s

. T h e d etails of th e operation a s w e ll as a ll p e rtin e nt inform ation ar e contain e d within t hi s do c um e n t o r p rovided within the attachm e nt s

.



### AERIAL CHECK UAVs P.O

. Box 1813, WALLER, TEXAS 

### 77 484

### 14 C.F.R 

### 11.81 (a)- Name and address of the Petitioner:

The name and address of the applicants are :
Anthony 5 Thurman Stephanie 

### J Thurman PO Bo x 1813 W a ller, TX 77484 Phone: {832} 928-9594 Email: s tephanie

. thurman@outlook.com



### 14 C

. F.R (b)- Exemptions Requested:
Regulations from which the exemption is requested include:

Private Pilot Privileges A i rcraft Airworthiness Preflight Action Minimum Safe Altitudes Altimeter Settings Fuel Requirements Maintenance Required Operation after Maintenance Inspections Maintenance Records 14 C.F.R § 61.113 (a) 14 C.F

. R § 91.7 (a) 14

. C.F.R

. §91.103 (b) 14. C.F

. R § 91.119 (c) 14

. C.F

. R § 91.121 14 C.F.R.§ 91.151 (a) 14 C.F

. R § 91.405 (a) 14 C.F.R § 91.407 (a) (1) 14 C.F.R § 91.409 (a) (1} 

### & (2) 14 C.F

. R

. § 91.417 (a) 

### & (b)

Private Pilot Privileges -14 C.F.R. § 

### 61

. 113 (a)- Because a UAS does not carry a pilot or passengers , the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate small UAS

. Unlike a conventional manned aircraft , a UAS is remotely controlled by a ground-based operator

. The operat i onal area i s controlled and restricted and all flights are planned and

. coordinated in advance. The level of safety exceeds that provided by a piloted helicopter or aircraft. The risks associated with the operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceed the present level of safety sought by 14 C

. F

. R

. §61.113 (a) and (b)

Aircraft Airworthiness 14 C.F

. R § 91.7 {a)- states that no person may operate a civil aircraft unless it is in airwort h y condition

. Currently, no Administration regulatory st a ndard e x ists for determining the airwort h ine s s of a UAS

. Therefore, if the exempt i on is granted, Aerial Check UAVs will follow and maint a in the U A

Ss as indicated by the manufacturer and c onduct all safety checks recommended prior to each flight.



### AERIAL CHECK UAVs P.O

. Box 1813, WALLER, TEXAS 

### 77484 2

### 3 Preflight Action 14. C.F.R. §91.103 

### (b)- st ate s that a pilot in co mmand ( PIC) become fam iliar with specific info rmat ion before each ffight , including information contained in the Admini str ation app r oved Fli ght Manual
on bo ard th e aircraft. As no such manual cu rrentl y exis t s, Aerial Check UAVs r equests an exemp ti on fro m this re qu ir e ment. If the exemption is granted , the PIC w ill ta ke all actions includ ing r eview of t he f l ig h t req uirements, landing and takeoff distance s, wea th e r prior to the commencement of the fligh t.

Minimum Safe Altitudes 14. C.F.R § 91.119 (c) e s tabli s hes safe altitudes f or operation of civil a ir cra ft. As se t forth herein, the UAS would never operate above 400AGL, except under very limit ed an d restricted circumstances as referenced by the User Manual. Further, th e low-altitude operations of an UA S wi ll ensure se p a rat ion between the se s mall UAS operation and the o perations of conventional aircraft that must
co mpan y with Sec tion 91.119.

Altimeter Settings 14. C.F.R § 91.121- Thi s regulation requires each person operating an ai rcr aft t o maintain
a cruising a ltitude by reference to an altimeter that i s " set to the elevation of the departure airport or an a ppropr i at e altimeter se tting available before departure". As the UAS ma y have a barom e tri c a ltim ete r , this de vice is ca librated via onboard electronic calibration and cannot be se t or reset by t h e PIC , an exem pti o n is reque s t ed. An equivalent of safety will be achieved by the operation, pursuant to the Manual and Safety Ch eck li s t , co nfirming the altitude of the launch s ite as s hown on the qnscre e n disp lay a lt itude indicator before f light.

Fuel Requirements 14 C.F.R

. § 91

. 151 (a}- outlines fu e l requirements for beginning a flight in VFR condi ti ons

. T h e b attery powering the U AS provid es approximately 30 minut es of powered flight. To meet the 30 minute
r eserve requ ireme n t, UA S fli g ht s would b e limited to approximately 5 minutes. Given the limitations on the UASs pro p osed fli ght area and the location of it s propose d operations within a predete r mined area, a lon ger time fr ame for flight in da y light or night VHR co nditi ons i s reasona ble

. Operating the small UAS , in a co ntrolled area, where only people and property owners or o ff icia l represen t at ives w ho h ave s i g n e d waivers will be a llow ed, with le ss th a n 30 minutes of re serve fuel, do es n o t engender the type of risk s that Section 91.151(a) was int e nded to alleviate give th e s iz e and speed of the
s mall U AS. Additionally, limitin g UAS s fli g ht s t o 10 minutes would g r eat ly reduce the utility for which the exempt i on w ill be gra nt ed

. Ae rial Ch eck UAVs s ubmit s that safety will not be affected by terminating f li ghts of t h e battery p owe r e d 51000 a nd Ph a n tom 2 UASs after 1 5 to 20 minutes of continuous flight , which allows for fi ve minutes of battery power remaining. S t andard flig hts operated by Aerial Check UAVs would la st b etween 10 a nd 20 minut es.



### AERIAL CHECK UAVs P

. O. Box 1813, WALLER, TEXAS 77484Maintenance Required 14 C.F.R § 91.405 (a) Operation after Maintenance 14 C.F.R § 91.407 (a) (1) Inspections 14 C.F.R § 91.409 (a) (1) & (2) Maintenance Records 14 C.F.R. § 91.417 (a) 

### & (b)

Since Sections 91.405(a), 91.407(a)(l), 91.40(a) (1) & (2) and 1.417 (a) & (b) only apply to aircraft with an airworthiness certificate, we respectfully request exemption from these Sections because the S1000 and Phantom 2 do not require airworthiness certificates.

Should t he exemption be granted, Aerial Check UAVs w ill use approved operators to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices as prescribed in the DJI users/maintenance manual. A maintenance manual for each UAS wi ll record all maintenance performed on each UAS and a pre-flight check list will be follo wi ng prio r to the i nception of each flight.

14 C.F.R (c)- The extent of relief petitioner seeks, and the reasons petitioner seeks the relief: 

### 4

Aerial Check UAVs seeks relief pursuant to this exemption from the identified sections ofthe Federal Avia tion Regulations to the extent necessary to perform commercial flight operations within the national airspace. Aerial Check UAVs seeks authorization to conduct small UAS flight operations within the perimeters of this exemption request.

14 C

. F.R. Part 11.81(d}- The reasons why granting petitioners request would be in the public interest; that is, how it would benefit the public as a whole:

Should Aerial Check UAV be granted an exemption, it would allow the company to safe ly and efficiently conduct UAS flight operations, commercially, to collect valuable information for our clients in the form of High-Definition Aerial Imaging while realiz i ng the scales of economy. Us in g UASs as a means to capture aerial data will de crease congestion of the NAS , reduce pollution (no dependence on fossil fuels) , thereby reduc ing the carbo n footprint and reduce inh erent risks associated with the operation of an aircraft car rying pilots and fuel. During and immediately following emergency situations (i.e., Natural disasters, fires, search and re scue) data can be fed to the client in real-time, thereby allowing them to provide inform ation to the public in a timely manner.

14 C

. F.R Part 11.81 (e)- The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which petitioner seeks the exemption:
Using UAS technology to collect photographic/videography data is beneficial to the pub l ic as a whole as it
s ignificantly risks to wo rkers who must scale heights to collect informa tio n ( r isk of fall), it reduces ris ks to the pub l ic as a w hole due to the r eduction of helicopters and small aircraft as the UASs car ry no combu s tib le



### AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 

### 774845

materia l s on board

. Battery Powered UASs serve as a safe, efficient and econom ica l alternative to manned aircraft t raditionally used for capturing aerial images. They provide high le ve ls of safety to person and property since no pilot or crew need to be airborne. UASs provide greater operational flexibility and reduced costs

. Better aerial imagery can be obtained by using UASs due to their small size, maneuverability and flight performance characteristics. Less time is needed in the air to obtain the footage, thereby reducing the number of aircraft in the NAS. Reduction of noise will benefit the public as well. Finally , the UAS industry is expected to grow to $11.5B by 2024 (military and civilian), which ultimately will contribute to the US economy by creating jobs and increasing consumer spending.

The use of UASs can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring sites. UASs can inspect, photograph, and collect data on hard to access areas that otherwise would require worker i nspection. Falls are a leading source of workplace fatality and injury on construction sites and reducing falls through UASs use for site imaging could save workers lives. Additionally, UASs could replace the use of helicopters and s mall aircraft to monitor sites. The UASs we propose to fly in this application are less than 25 pounds, and carry no combustible material on board , as oppose d to the much larger conventionally powered small aircraft

. Shifting to UASs from helicopters presents
a marked safety increase for our workers and the public

. Lastly , UASs reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our UASs use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

The ope rating limitat i on s proposed by Aerial Check UAVs provide for at least an equivalent or high e r l evel of
safety because the operations further enhance the safety of aerial digita l imaging over using conventional aircraft. In addition to following all instructions as provided by the manufacturer , Aerial Check UAVs s hall include the following conditions and limitations in all operations:
1} Flights will be operated within line of sight of a pilot and/or observer

. 2) Flights will be terminated at 20 % battery power reserve. 3) Flights will be operated at an altitude of no more than 400ft AG I, and not more than 200 f eet above an elevated platform

. 4} Flights will only be operated in reasonably safe environments that are strictly controlled, are away from airports, power lines, elevated lights, and/or actively populated a rea s. 4) Minimum crews will consist of the UAS Pilot, the Visual Observer and the Camera Operator. 5) A briefing will be conducted for planned UAS operations prior to each flight. 6) Consent will be obtained from all persons involved in the operation and only authorized person nel will be allowed within 500 feet ofthe flight operation

. 7) Written permission will be obtained from the relevant property owners 8) If the UAS loses communications or loses its GPS signal, the UAS will be placed in "Return to Home" mode and will return to its point of takeoff

. 9) The UAS flight will be aborted should circumstances arise that created a potential hazard to person
or place.



### AERIAL CHECK UAVs P

. O. Box 1813 , WALLER, TEXAS 77484Aircraft Description

Aerial C h

eck UAVs proposes the u s e of two UASs, the DJI S1000 and the DJI Phantom II. Aerial Che c k UAVs will choose which unit to use based on a review of the proposal of work, taking i nto consideration many factors i ncluding weather, wind, altitude necessary to complete the job and the complexity of the site location

. 

### 6

Important safety features of the DJI S1000 and the DJI Phantom II include Airport vicinity no-fly features, restricted altitude feature s, return hom e capability and GPS Navigat ion

. With an on - board OSD (Onscreen Display T ransmitting Device), the PIC has the ability to monitor altitude, d i stance, and battery l evel , as well as real time camera imagery

. Although the units can be

**programe~** to fly at a maximum of 400 feet, typica l applications require altitudes between 50 and 250 feet.

Both the SJI S100 and the DJI Phantom II will operate with the DJI Ground Stat i on Soft w are. One of the unique functions ofthe DJI Ground Station software is that users will not be able to build waypoints or home points in designated restricted areas and any waypoint routines that attempt to g o through these special
areas will be rendered invalid.

The DJI Ground Station enables 3-D Map Waypoints Editing , Flight Path Plannin g, Real

-time Flight State Feedbac k and Auto Takeoff and Landing

. This product is specially designed for the purpose of aircraft operation, f l ying in applications such as land surveillance , aerial photography, etc

. W orking with OJI flight control system, DJI Ground Station not only ensures stable performance and safety of the aircraft, easy operation for the pilot , but also allow s the aircraft to fly along the flight path set before or modified dur i ng the flight mission in the Ground Station software autonomously

. Although the UAS can be operated by one person, flight operations carried on by Aer i al Check UAV s in v o lve at l east two peop l e: a pilot-in-command ( " PIC") and an observer. The PIC i s re s ponsible for flying the UAS , monitor i ng its statu s and flight dynamics whi le maintaining visual line of si g ht and keeping the flight w ithin the manufacturer's specified limits in terms of wind, flight range, battery life , etc. , for safe operation of the UAS. Observers will be responsible for monitoring the airspace for other a i rcraft and hazards, advising the operato r before and during f l ight of all such observed risks, and monitoring the cont r olled operating area

.



### AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 

### 77484Summary for Publication in the Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for pub lication in the Federal Register,
s hould it be determined that publication i s necessary.

Aerial Check UAVs, operators of a DJI s1000 and DJI Phantom 2, both weighing less than 25 pounds, seeks an exemption for the following rules:

14 C.F.R § 61.113 (a); 14 C

. F

. R § 91.7 (a); 14. C.F.R. §91.103 (b); 14. C.F.R § 91.119 (c); 14. C.F.R § 91.12 1 ; 14 C.F.R.§ 91.151 (a); 14 C.F.R § 91.405 (a);14 C.F.R § 91.407 (a) (1); 14 C.F.R § 91.409 (a) (1) 

### & (2); 14 C.F.R. § 91.417 (a) 

### & (b);

Gran ting this exempt ion will allow f o r the commercial operation o f small UASs for the purpose of conducting aerial i nspect ions and s urveys as well as post-disaster aerial s upport. Inspections would include property, land survey and other high structures that currently require fall protection gear ( i. e. Cellular/RF towers and roofs). Addit ionally , operations s hall be co ndu cted in areas of agriculture and search and rescues and will provide digital imaging services for the purpo se of developing marketing, materials, so long as such operations will provide an equivalent level of safety and will be conducted w ith i n and under the co nditions outlined in th e exemption request, the s upporting documents, or as may be establishe d by the FAA as required by Section 333.

The fact ors as directed by Congress to consider, in accordance wit h Section 333(b) of P.L. 112 95 states, in part: " I n making th e determination und e r s ub section (a), the Secretary shall determine, at a minimum-

- (1) which types of unm anne d aircraft systems, i f a ny , as a result of their size, weight, speed , operational
ca p ab ility, proximity to ai rports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a th reat to national security are each supported in this request. UASs are sma ll , and will operate at s low s peed s in o rd er to more safe ly and efficiently conduct inspections of all types that would otherwise involve a risk to inspectors. This increase in
sa fety and decrease in human injuri es weighs heavily in f avor of granting the requested exemption.

The requ ested exemption would permit the operation of small, unmanned UASs under controlled conditions that will not create a hazard to other users of the NAS or the pub lic or pose a threat to national securi ty

. The contro lled operations of small, low altitude UAS s will provide safe ty enhancements to the existing methods of in spection and videography.



### AERIAL CHECK UAVs P

. O. Box 1813, WALLER, TEXAS 77484 

### 7

### 8
Conclusion

As for the reasons set forth herein, Aerial Check UAVs seeks an exemption pursuant to 14 C.F.R. §11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit the safe operation of the DJI S1000 and DJI Phantom 2 UASs commercially, without an airworthiness certification, for the purposed of conducting aerial digital imaging and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing the UASs to be flown safely, efficiently, and economically within the NAS.
Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Aerial Check UAVs respectfully requests that the Administrator grant this Petition for an Exemption from the requirements of 14 C.F.R Sections 61.113(a) 

### & (b), 91.(a), 91.121, 91.151(b), 91.405(a) , 91.407 (a) (1), 91409(a) (1) 

### & (a)(2) and 91417 (a) 

### & (b), and permit Aerial Check UAVs to operate the DJI S1000 and DJI Phantom 2 commercially for the purpose of conducting aerial digital imaging and photography
over certain areas of the United States.

Dated: April 14, 2015
Respectfully submitted



# MA~

**SThurman**

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 

### 77484