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Aerestates, LLC 

411 Davis Street. Suite 201. 

Vacaville, CA 95688 

(707) 439-5896 

www.Aerestates.com 

June 1, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Request for exemption under Section 333 from 14 CFR Part 21, Subpart H; 14 CFR 91.109; 14 

CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 

CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) 

Dear Sir or Madam: 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 CFR Part 11, Aerestates LLC hereby applies for an exemption from the listed Code of Federal 

Regulations (CFR's) to allow commercial use of its Small Unmanned Aircraft Systems (SUAS), 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. 

An exemption is being requested because (1) existing regulations will burden Aerestates LLC (2) 

Aerestates LLC can provide a level of safety that is equal (or greater than in many cases) to those 

provided by existing rules, and (3) the request is in the public interest. The FAA's authority to issue 

exemptions from operating rules, and the Secretary's authority granted by Section 333 of P.L. 112-95, 

Special Rules for Certain Unmanned Aircraft Systems, provide an opportunity to authorize certain 

SUAS operations in the National Airspace System (NAS) prior to implementation of the SUAS rule. 

This incremental step will allow Aerestates LLC to safely and legally enter into the NAS. 

As described in detail below, the requested exemption would permit Aerestates LLC to 

operate SUAS under controlled conditions in airspace that is (1) limited, (2) predetermined, 
~A 

(3) controlled as to access, and (4) would provide safety enhancements to the already safe 

operations of those aircraft of similar size, weight, speed, and operating capability that have 

been granted entry into the NAS via the rules in Academy of Model Aeronautics (AMA) 

National Aircraft Safety Code. lApproval of this exemption would thereby greatly enhance 

safety and fulfill the Secretary of Transportation's (the Secretary) responsibilities to 

"...establish requirements for the safe operation' of such aircraft systems in the national 

airspace system" per Section 333 (c) of the Reform Act. 

Aerestates LLC is requesting exemption from the following regulations: 

14 CFR Part 21, Subpart H 

14 CFR 91.109 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a)(1) 

14 CFR 91.409 (a)(1) 

14 CFR 91.409 (a)(2) 

14 CFR 91.417 (a) and (b) 

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 to consider whether certain unmanned 

aircraft systems may operate safely in the NAS before completion of the rule-making 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, to the public, or pose a threat to 

national security. 

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an unmanned aircraft 

system, as a result of its size, weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight (VLOS) does not create a hazard to users of the NAS or 

the public or pose a threat to national security, and (2) whether a certificate of waiver, certificate of 

authorization, or airworthiness certification under 49 USC 44704 is required for the operation of civil 

(non-governmental) UASs. Therefore, 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". z 

' See the attached "AmaSafetyCode.pdf 'document. 

2Aerestates LLC interprets this provision to place the duty on the Secretary to not only 

process applications for exemptions under section 333 of the Reform Act, but for the 

Secretary to craft conditions for safe operations of SUAS, if it should be determined that the 

conditions set forth herein do not fulfill the statutory requirements for approval 
3 

Operation Overview 

Aerestates LLC's SUAS are quad-copters, weighing 3 or fewer lbs. (including payload). The SUAS 

have the capability to hover and move in the vertical and horizontal planes simultaneously. They will 

operate only in visual line of slight (VLOS) and will operate only in tightly controlled and limited 

airspace. They are capable of operating at speeds of up to 29 knots, but will be routinely operated at 

much lower speeds. They will routinely be operated below 200 feet above ground level (AGL), and 

never about 400 feet AGL. 

Aerestates LLC's exemption request would permit its commercial operation of SUAS for aerial 

photography and cinematography in tightly controlled and limited airspace. Aerial photography and 

cinematography services will be offered to homeowners, Realtors©, home builders, home contractors, 

and/or home inspectors for use in, but not limited to, real estate marketing and safer inspections of 

home exteriors. Operations will always be conducted in areas that are clear of all people, except the 

pilot in command (PIC) and the PIC's helper(s). Such operations will ensure that the SUAS will "not 

create a hazard to users of the national airspace system or the public" 3 

Aircraf 

Aerestates LLC operates the DJI Phantom 2 4. SUAS manufactured by DJI, a well-known leader in 

quad-copter technology. DJI strives to bring new perspectives to aerial work and help companies 

accomplish feats safer, faster, and with greater efficiency. They have an unparalleled commitment to 

R&D, a culture of constant innovation, and a focus on transforming complex technology into 

easy-to-use devices. 

The standard Phantom quad-copter package includes the Phantom itself, camera, gimbal, propulsion 

system, flight control system, 2.4 GHz remote controller, and 2.4 GHz Wi-Fi communication system. 

The remote uses a 2.4 GHz frequency to prevent interference with the video/telemetry channel. 

The Phantom is about 1 foot square in size. It has a maximum ascent speed of 6 m/s (11.6 knots), a 

maximum descent speed of 2 m/s (3 knots), and a maximum flight speed of 15m/s (29.1 knots). While 

operating within VLOS, the remote control has a range of 1,000m (3,280.84 feet). The total takeoff 

weight is less than or equal to 1,300g (2.8611bs.) 5 

The Phantom is equipped with a flight control system. This provides for incredible ease of use and 

stability. Pilots can control the Phantom's movements in many directions — including pitch (forward 

and backward), roll (left and right), elevator (up and down), and yaw (turn left or right). The flight 

control system can also provide Intelligent Orientation Control (IOC), fail-safe, battery level warnings, 

and have the capability to show the aircraft's current heading, direction, and approximate distance from 

3Reform Act Section 333 (b) 

4http://www.dji.com/product/phantom-2 

;http://www.dji.com/product/phantom-2/spec 
0 

home on the on-screen radar. The built-in GPS system aids in stabilizing the aircraft and automatically 

and safely returns it back to its home point in any case where communication between the remote 

control and quad-copter are lost. 

The Phantom's compass reads geomagnetic information and assists the Global Positioning System 

(GPS) to accurately calculate the position and height of the aircraft. 

The Phantom has LED flight indicators beneath each of its four rotor arms. The LEDs illuminate to 

indicate the status of the flight control system and alert the PIC of any possible issues. 

Such highly advanced capabilities will ensure that the SUAS can be safely operated and "not create a 

hazard to users of the national airspace system or the public." 6 

Equivalent Level of Safety 

In an effort to join the FAA in its mission to provide the safest, most eff cient aerospace system in the 

world and to minimize the risk to the NAS or to persons and property on the ground, Aerestates LLC 

agrees to be bound by the following limitations and conditions when conducting commercial 

operations under an FAA issued exemption: 

I. For the purposes of ensuring SUAS will be operated within the standards that the FAA has 

allowed in the AMA National Model Aircraft Safety Code: 

A. SUAS will not be flown: 

1) In a careless or reckless manner. 

2) At a location where SUAS activities are prohibited. 

B. SUAS Pilots Will: 

1) Yield the right of way to all human -carrying aircraft. 

2) See and avoid all aircraft and a spotter will be used when appropriate.' 

3) Not fly higher than 400 feet above ground level or within three (3) miles 

of an airport without notifying the airport operator. 

4) Not exceed a takeoff weight of 55 pounds (including payload). 

5) Ensure the aircraft is identifled by aff xing the owner's contact 

information to the outside of the SUAS. 

6) Not operate SUAS while under the influence of alcohol or while using 

any drug that could adversely affect the PICs ability to safely control the 

model. 

7) Not operate SUAS carrying pyrotechnic devices that explode or burn, or 

any devise which propels a projectile or drops any object that creates a 

hazard to persons or property. 

6Reform Act Section 333(b) 

7AMA Document #540-D 
5 

C. SUASs will not be flown unless: 

1) The aircraft, control system and pilot skills successfully demonstrate all 

maneuvers intended or anticipated prior to the specif c event. 

2) An inexperienced pilot is assisted by an experienced pilot. 

D. All pilots shall avoid flying directly over unprotected people or vessels and shall 

avoid endangerment of life and properry of others. 

E. A successful radio equipment ground-range check in accordance with 

manufacturer's recommendations will be completed before the first flight of the new 

or repaired model aircraft. 

F. SUASs must use the radio-control frequencies currently allowed by the Federal 

Communications Commission (FCC). 

G. SUAS will not knowingly operate within three (3) miles of any pre-existing 

flying site without a frequency-management agreement. g 

H. Excluding takeoff and landing, no SUASs may be flown outdoors closer than 25 

feet to any individual, except for the PIC and the PIC's helper(s) located at the 

takeoff site. 

I. Under no circumstances may a pilot or other person touch a SUAS in flight while 

it is still under power except to divert it from striking an individual. 

J. The PIC of the SUAS shall: 

1) Maintain control during the entire flight, maintaining visual contact 

without enhancement other than by corrective lenses perscribed for the 

pilot. 

2) Fly using the assistance of a camera or First-Person View (FPV) only in 

accordance with the procedures outlines in the AMA document #550. 

3) Fly using the assistance of autopilot or stabilization system only in 

accordance with the procedures outline in the AMA Document#560. 

K. The SUAS will not operate in close proximity of utility wires or poles. 

L. The flying area must be clear before the engine is started, except for PIC and the 

PIC's helper(s). 

II. In addition to the above rules outlined by the AMA National Model Aircraft Safety 

Code and in an effort to enhance the safety offered by the already safe operations mentioned 

above, Aerestates LLC also agrees to be bound by the following limitations and conditions: 

8AMA Documents #922 and 4923 
% 

A. Flights will be operated within VLOS of the PIC. 

B. Maximum total flight time for each operational flight will be 25 minutes. Flights 

will be terminated 25% battery power reserve should that occur prior to the 25 

minute limit. 

C. The SUAS will operate in highly controlled personal airspace set up by 

Aerestates LLC while abiding by all Federal Aviation Regulations and Airspace 

limitations. 

D. A briefing will be conducted in regard to the planned SUAS operations prior to 

each flight. It will be mandatory that all personnel who will be performing 

duties within the boundaries of the safety perimeter be present for this briefing. 

E. The PIC and the PIC's helper(s) will have been trained in operation of SUAS 

and received up-to-date information on the particular SUAS to be operated. 

F. The pilot and the PIC's helper(s) will at all times be able to communicate by 

voice. 

G. If the SUAS loses communications or loses its GPS signal, the SUAS will have 

capability to return to a pre-determined location within the security perimeter 

and safely land. 

H. The SUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

I. Flights will always be conducted in areas that are clear of all people, except for 

the PIC and the PIC's helper(s). 

J. All flights will be conducted outdoors in visual meteorological conditions 

(VMC) and never during severe weather conditions. 

K. Flights will not occur in weather conditions that prevent the PIC from operating 

within visual line-of-sight (VLOS) at all times or in weather conditions that 

dramatically affect the UAS's flight (e.g. high winds). 

L. If an operation occurs in an area where people could inadvertently enter the area, 

an operational border will be established with traffic cones. If it's not feasible to 

use traffic cones due to interference with the photography/videography, the 

PIC's helper(s) will be responsible for keeping a safe perimeter around the 

operation. The operation will cease immediately and be rescheduled if it's 

impossible to establish a safe perimeter around the operation. 

M. The PIC will be responsible for logging all flights to ensure the comprehensive 

preventative maintenance plan can be followed, as described in the 

"Preventative Maintenance" section below. 

N. In any cases where the SUAS must be operated within five (5) miles of an 

airport, permission will be obtained from the airport operator in order to fly 

within its airspace. 

The operation of SUAS, weighing less than 31bs., conducted in the strict conditions as outlined above, 

will provide an equivalent level of safety supporting the grant of exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. 

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly controlled 
7 

environment. As a result, they offer a much safer way to capture aerial photography and videography. 

Furthermore, the proposed operations represent a safety enhancement to the already safe operations 

that have been granted by the FAA for the establishment of the AMA National Model Aircraft Safety 

Code. 

Preflight Action Plan 

The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a 

condition for safe flight. This plan will be improved as needed in order to ensure all known 

safety precautions and/or safety precautions suggested by the manufacturer are being 

accounted for. 

A. Pre-Flight Inspection 

1. Check that the remote control, battery, range extender and smart-phone are all fully 

charged. 

2. Verify that the Phantom battery is not swollen or damaged in any way. Clean the contact 

needles and pads if necessary. 

3. Turn the motor shafts with your fmgers and verify they are smooth without excessive play 

or binding. 

4. Verify that the propellers are mounted correctly. Propellers with a black top should be 

mounted on the mount shafts that have a black dot. Propellers with a silver top should be 

mounted on the mount shafts that have a silver dot. Each propeller should spin all the way 

down onto the motor shaft. 

5. Run fmger along the edge of the edge blade to check for any rough edges. 

6. Flex both side of the propellers blades to check for hairline cracks where the blades connect 

in the center of the propeller. 

7. Verify that the landing gear is secure (not cracked / broken / loose). 

8. Verify that the compass and compass cable is firmly attached to the landing gear. 

9. Verify that the Micro-SD card has been inserted and formatted. 

10. Verify that the damping absorbers are not broken and/or worn. 

11. Verify that the anti-drop pins are in place and locked. 

12. Remove the Gimbal guard and camera lens cap. 

13.Verify that the camera is secure and clean. Inspect the camera ribbon cables for tears and/or 

signs of wear. 

B. Power Up 

1. Verify that S 1 and S2 are in the top position on the remote control. 

2. Power on the equipment in the following sequential order: 

a. Range Extender ("System is blinking green; "Power" is solid green) 

b. Remote Control (2 beeps to indicate its in FCC mode) 

c. Insert and start the Phantom battery. 

3. Watch the Phantom LED start-up sequence for abnormal indications. The rear LEDs 

should blink green for at least 10-15 seconds to indicate that it locked onto 6+satellites 
~ 

and has marked the home point (for use by the fail-safe feature) 

4. Calibrate the Phantom's compass. 

5. Place the Phantom on an open, flat ground with the battery indicators facing towards the 

PIC at least 10 feet away. 

C. Ready to Fly 

l. Verify that the remote control antenna is perpendicular to the ground (pointing 

skyward). 

2. Verify that the front, flat face of the range extender is pointed toward the Phantom. 

3. Verify that the rear LEDs are still slowly blinking green and still connected to 6+ 

satellites. 

4. Start the Phantom motors using the CSC command on the remote control. 

5. Verify that the motors are functioning normally, are not making any unusual noises, and 

are all spinning at the same speed. 

6. Verify that the area is still clear of obstructions, people, power lines, etc. 

7. Take off and hover at about 6-8 feet above the takeoff point to verify that the Phantom 

has a solid GPS lock. If any abnormalities are noticed (drifting, flying in circles, etc.), 

land immediately and repeat the "Pre-flight Inspection" and "Power Up" sequences. 

8. Verify that the Phantom holds a steady position while yawing 360 degrees. 

9. Verify that the Phantom response appropriately to all controls — yaw left/right, pitch 

forward/backward, roll left/right, and throttle up/down. 

Preventative Maintenance 

A comprehensive preventative maintenance plan will be followed in order to ensure the SUAS's 

software is up-to-date, the batteries are in good health, and the aircraft itself is always ready for safe 

flight9. 

Public Interest 

Granting this exemption would benefit the public as a whole. SUASs offer a strong equivalent level of 

safety, a reduction in environmental impacts, and are free from the harmful emissions associated with 

the manned aircraft that are currently used for aerial photography and videography. Due to the size of 

the SUAS and the tightly controlled and limited airspace in which the SUAS will operate, approval of 

this application presents no risk to the public. Furthermore, the public will be able to legally acquire 

aerial photography and videography to help in, but not limited to, advertising homes for sale, 

advertising uninhabited home lots, use of photos and video as an aid when researching homes for sale 

on the market, or safely accessing high and/or awkward areas of a home's exterior to assess damage 

that needs to be repaired. 

9See the "Preventative Maintenance Checklist" on page 41 of the attached "PhantomGuide.pdfl' 

document. 
Privacv 

The areas being photographed or filmed will be focused on individual residences, commercial property 

or the neighborhood at large. Wide angle lens will be used to capture broad views of surroundings and 

not focused on individuals. Thus approval of this application presents little risk to the public privacy. 

National Secur4 

Due to the size of the SUAS and the tightly controlled and limited airspace in which the SUAS will 

operate, approval of this application presents no risk to national security. 

Requested Exemptions 

Aerestates LLC requests exemption from the following regulations since it's not possible to fully 

comply with them, and since attempting to follow them for the purposes of operating a SUAS would be 

a burden: 

Airworthiness Certificates 

14 CFR Part 21, Subpart H 

Subpart H establishes the procedural requirements for the issuance of airworthiness certificates 

as required by FAR 91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by Aerestates LLC, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act (49 USC 44701 (f) and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular SUAS. In all cases, an analysis of these criteria demonstrates 

that the SUAS operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

Flight instruction 

14 CFR 91.109 

This regulation provides 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. SUASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates 

210- 
10 

with the aircraft via radio communications. The FAA has approved exemptions for flight 

training without fully functional dual controls for a number of aircraft and for flight instruction 

in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot 

nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 

Altimeter settings 

14 CFR 91.121 

This regulation requires 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." As the SUAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator by confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

Fuel Requirements for Flight in VFR Conditions 

14 CFR 91.151 (a) 

This regulation prohibits an individual from beginning "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; or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the SUAS provides approximately 25 minutes of powered flight. That 

would make it impossible to meet the 30 minute reserve requirement. Given the limitations on 

the SUAS's proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR conditions is 

reasonable. An equivalent level of safety can be achieved by limiting flights to 25 minutes or 

25% of battery power (whichever occurs first). This restriction would be more than adequate to 

return the SUAS to its planned landing zone from anywhere in its limited operating area. 

Maintenance Inspections 

14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 

CFR 91.417 (a) and (b) 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply. Maintenance will be accomplished by the operator pursuant to the 

aforementioned Phantom user manual and guide. An equivalent level of safety will be achieved 

because these small SUASs are very limited in size, will carry a small payload, and operate 

only in restricted areas for limited periods of time. If inechanical issues arise, the SUAS can 
11 

land immediately and will be operating from no higher than 400 feet AGL. As outlined in the 

aforementioned Pre-flight Action Plan, the operator will ensure that the SUAS is in working 

order prior to initiating flight and perform maintenance as required. Moreover, the operator is 

the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. 

In accordance with 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register: 

The applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 

CFR 91.109; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 

CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) to commercially operate 

srnall unmanned aircraft systems (551bs. or less) in order to safely and legally capture aerial 

photography and videography for use by homeowners, Realtors, home builders, home 

contractors, and/or home inspectors. 

The operation of SUASs conducted in the strict conditions outlined above, will provide an equivalent 

and/or greater level of safety supporting the grant of the exemptions requested herein, including 

exempting the applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment, and as a 

result, are far safer than existing operations conducted with helicopters operating in close proximity to 

the ground, people, or other buildings in the vicinity. 

Given the small size of the SUASs involved, the slow speed at which they must be operated in order to 

capture photos and videos, and the restricted environment within which they will operate, the Phantom 

demonstrates that it can be operated within an equivalent level of safety in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of SUASs to commence immediately. 

Also, due to the size of the SUASs and the restricted areas in which the relevant SUASs will operate, 

approval of this application presents no threat to national security. Given the clear direction in Section 

333 of the Reform Act, the authority contained in the Federal Aviation Act, the strong equivalent level 

of safety surrounding the proposed operations, the significant public benefit — including enhanced 

safety, reduction in environmental impacts, no emissions, ability to legally obtain aerial photography 

and videography services — the grant of the requested exemptions is in the public interest. Accordingly, 

Aerestates LLC respectfully requests that the FAA grant the requested exemption without delay. 
12 

Satisfaction of the criteria provided in Section 333 of the Reform Act — size, weight, speed, operating 

capability, proximity to airports and populated areas, operation within the visual line of sight, public 

safety, and national security — provide more than adequate justification to grant Aerestates LLC the 

requested exemption, allowing for commercial operations as described herewith. 

Please address any questions or inquiries to Mr. Michael Elm at Michael&aerestates.com 

Thank you for your consideration our request. 

Sincerely, 

Mar ays 

President / Co-Owner 

Aerestates, LLC