AV8 Digital

2678 Holman City Road

Sauquoit, New York 13456

315-570-9664

To Whom It May Concern:

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

14 CFR Part 11, AV8 Digital requests an exemption from the Federal Aviation Regulations 

outlined below. AV8 Digital requests exemption in order to allow its use of the Yuneec 

Typhoon Q500 4k Unmanned Aerial System (UAS) in commercial operations for 

purposes of aerial photography/videography, so long as such operationsare conducted 

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

required by Section 333 or Section 49 USC § 44701.AV8 Digital is willing to comply with 

conditions that the FAA has issued in recent Section 333 exemptions, specifically 

Exemption 11153 (Burnz Eye View). Due to this agreement, in addition to the strong 

similarity of AV8 Digital’s operations compared to those already approved for exemption, 

the FAA should be able to summarily process and approve this petition. 

NAME AND ADDRESS OF THE PETITIONER 

AV8 Digital

Attn: David Bauer, Owner

2678 Holman City Road

Sauquoit, New York 13456

Phone: 315-570-9664

Email: dave@av8digital.com

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED 

14 CFR § 61.113(a) & (b)

14 CFR § 91.7(a)

14 CFR § 91.119(c) 

14 CFR § 91.151(a)

14 CFR § 91.405(a)

14 CFR § 91.407(a)(1)
14 CFR § 91.409(a)(1) & (2) 

14 CFR § 91.417(a) & (b) 

The Petitioner also requests exemption from any other regulations the FAA deems 

necessary in order to operate the UAS as described herein. 

I. DESCRIPTION OF ACTIVITIES

AV8 Digital wishes to use the Yuneec Typhoon Q500 4k UAS for commercial 

photography and videography under controlled conditions in airspace that is limited, 

predetermined and access-controlled. Primarily, the function of the UAS operated by 

AV8 Digital will be for supplemental photography of real estate for the land owner. By 

operating a small, lightweight aircraft under a strict set of limitations, AV8 Digital will be 

able to operate UAS in the National Airspace System (NAS) while satisfying the FMRA § 

333 requirement to achieve an equivalent level of safety when compared to traditional 

aircraft. AV8 Digital further believes that its proposed operations will actually increase 

the level of safety when compared to traditional, manned aircraft carrying combustible 

fuel. 

II. DESCRIPTION OF AIRCRAFT

AV8 Digital plans to operate a Yuneec Typhoon Q500 4k UAS system. The Typhoon 

Q500 is a multi-rotor aircraft equipped with an onboard computer stabilization controller 

and GPS. The maximum loaded takeoff weight of the Typhoon Q500 is 3.75 pounds 

(including payload and battery) and the maximum airspeed is less than 15 knots.The

Yuneec Typhoon Q500 4k operated by AV8 Digital will utilize the Yuneec ST10+ Personal 

Ground Station to provide real-time flight telemetry to the Pilot in Command (PIC). Data 

points include:

• Aircraft Battery Voltage

• ST10+ Battery Charge Level Status

• Distance of Aircraft from Home Point

• Altitude (above ground)

• Latitude/Longitude Position of Aircraft

• GPS Status for Aircraft

• Number of Satellites for Aircraft

• Ground Speed of Aircraft
• Heading to Home Point

The Yuneec ST10+ Personal Ground Station ensures the utmost safety by utilizing the 

FAA compliant No Fly Zone feature which prevents flight near commercial airports. The 

No Fly Zone feature also prevents flight above 400 feet from the ground. In addition, for 

PIC and VO safety, the ST10+ utilizes the built-in GPS to establish a 26 foot diameter 

smart circle around the PIC when taking off and landing and also creates a geo fence 

that keeps the aircraft from traveling farther than 300 feet from the pilot’s position.

III. PILOT IN COMMAND 

Section 61.113 (a) and (b) prescribes that—

(a) No person who holds a private pilot certificate may act as a PIC of an aircraft 

that is carryingpassengers or property for compensation or hire; nor may that 

person, for compensation orhire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with anybusiness 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.

In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that 

a PIC with a private pilot certificate operating the Astraeus UAS would not adversely 

affect operations in the NAS or present a hazard to persons or property on the ground.

AV8 Digital’s proposed operation does not differ significantly from the situation 

described in Grant of Exemption No. 11062 to Astraeus. AV8 Digital plans to operate 

over property with the permission of the land owner/controller while also limiting access 

to the property during operations. Given the similar nature of AV8 Digital's proposed 

operating environment to that of Astraeus, the parallel nature of private pilot aeronautical 

knowledge requirements to those of commercial requirements, and the airmanship skills 

necessary to operate the UAS, AV8 Digital believes that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the 

airmanship skills necessary for the proposed operations. Therefore, a PIC holding a 

private pilot certificate and valid drivers license is appropriate for the proposed 

operations. 
IV. ALTITUDE

Section 91.119(c) prescribes that –

Except when necessary for takeoff or landing:

(a) no person may operate an aircraft below an altitude of 500 feet above the 

surface, except over open water or sparselypopulated areas. In those cases, 

the aircraft may not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure.

Relief from § 91.119(c) is necessary because the aircraft will be operated at altitudes less 

than 500 feet AGL. By definition, the Unmanned Aerial Vehicle (UAV) will be operated 

closer than 500 feet to persons or property. An equivalent level of safety will be achieved 

given the size, weight, speed, and material with which the Typhoon Q500 is built, as well 

as adherence to the following procedures:

1. The UAV will not be operated over congested or densely populated areas

(defined as open air assemblies of persons or other areas where a safe forced 

landing cannot be accomplished due to risk of endangering persons or 

property on the ground).

2. Flight operations will be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, Visual Observer (VO), operator trainees 

or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UAV and/or debris in the event of an 

accident. AV8 Digital will ensure that non-participating persons remain 

under such protection. If a situation arises where non-participating 

persons leave such protection and are within 500 feet of the UAV, flight 

operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not 

present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a).

3. All operations will be conducted over private or controlled-access property 

with permission from the land owner/controller or authorized representative. 
Permission from the landowner/controller or authorized representative will be 

obtained for each flight to be conducted. In all situations, the PIC will make a 

safety assessment of the risk of operating closer than 500 feet to persons, 

vessels, vehicles, or structures and will only undertake the operation if he/she 

determines that it does not present an undue hazard. The FAA has approved 

similar exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11110, and 11153. 

V. FUEL REQUIREMENTS

Section 91.151(a) prescribes that –

No person may begin a flight in an airplane under visual flight rules(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.

Relief from § 91.151(a) is necessary because the Typhoon Q500 will only operate for 

approximately 25 minutes per charge, making operation of the aircraft impossible under 

this section. Safety features of the Typhoon Q500 include low battery warnings at 30% 

capacity and an automated landing when thebattery reaches 15% capacity. These 

features, teamed with the small size and weight of the UAV should more than achieve an 

equivalent level of safety. The FAA has approved similar exemptions in 2689, 5745, 

10650, 10673, 10808, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, and 11153.

VI. AIRWORTHINESS

Section 91.7(a) prescribes that –

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

The FAA has found in numerous exemptions that similar UAS operations do not require 

an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H. AV8 Digital 
proposes that compliance with its operating documents be a sufficient means for 

determining an airworthy condition. Given the size of the aircraft and the requirements 

by which AV8 Digital has agreed to abide, an equivalent level of safety will be achieved 

by ensuring compliance with the AV8 Digital & Yuneec Typhoon Q500 4k manuals prior 

to each flight. The FAA has approved similar exemptions in 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, and 11153. 

VII. MAINTENANCE/INSPECTION 

Section 91.405(a) prescribes, in pertinent part, that each owner of an aircraft –

(a) 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.

Section 91.407(a)(1) prescribes that –

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless –

(1) it has been approved for return to service by a person authorized under 

§ 43.7 of this chapter.

Section 91.409(a) prescribes, in pertinent part, that –

No person may operate an aircraft unless, within the preceding 12 calendar 

months, it has had—

(1) An annual inspection in accordance with part 43 and has been approved 

for return toservice by a person authorized by Sec. 43.7

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21.

Section 91.417(a) and (b) prescribe, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods 

specifiedin paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration 

and records of the100-hour, annual, progressive, and other required or 

approved inspections, asappropriate, for each aircraft (including the 
airframe) and each engine, propeller, rotor,and appliance of an aircraft. 

The records must include—

(i) A description (or reference to data acceptable to the 

Administrator) of the workperformed; and

(ii) The date of completion of the work performed; and

(iii) The signature and certificate number of the person approving 

the aircraft for return to service. 

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each 

propeller, and eachrotor.

(ii) The current status of life-limited parts of each airframe, 

engine, propeller, rotor, andappliance.

(iii) The time since last overhaul of all items installed on the 

aircraft that are required tobe overhauled on a specified time 

basis.

(iv) The current inspection status of the aircraft, including the time 

since the last7inspection required by the inspection program 

under which the aircraft and itsappliances are maintained.

(v) The current status of applicable airworthiness directives (AD) 

and safety directivesincluding, for each, the method of 

compliance, the AD or safety directive numberand revision 

date. If the AD or safety directive involves recurring action, 

the timeand date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) for each major 

alteration to the airframeand currently installed engines, 

rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the workis repeated or superseded by other work or for 1 year after 

the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained 

and transferredwith the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 

43.11 of thischapter shall be retained until the defects are repaired and 

the aircraft is approved forreturn to service.

AV8 Digital requests an exemption to the above inspection/maintenance Federal Aviation 

Regulations (FARs) and proposes the following maintenance/inspection procedures that 
will achieve an equivalentlevel of safety:

1. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition 

for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft will be prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station will be included in the 

preflight inspection. All maintenance and alterations will be properly 

documented in the aircraft records.

2. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g., replacement of a flight critical 

component, will undergo a functional test flight. The PIC who conducts the 

functional test flight will make an entry in the aircraft records.

3. The pre-flight inspection will account for all potential discrepancies, e.g.,

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

4. AV8 Digital will follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements.

5. AV8 Digital will carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

will be noted in the aircraft records, including total time in service, description 

of work accomplished, and the signature of the authorized person returning 

the UAS to service.

6. Each UAS operated under the exemption will comply with all manufacturer 

Safety Bulletins.

7. The authorized person will make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

Adherence to the above procedures, as well as others included in the attached 

documentation (including a preflight checklist) should provide more than an 

equivalent level of safety to the above FARs. The FAA has approved similar 

exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11112, and 11153. 

VIII. PUBLIC INTEREST

Manned aircraft conducting aerial photography/videography can weigh 6,000 pounds or 
more and contain one or more living souls on board. AV8 Digital’s UAV will weigh less 

than 3 pounds and contain no living crew (the PIC and VO being remotely located from 

the UAV). The limited weight significantly reduces the potential for harm to participating 

and nonparticipating individuals or property in the event of an incident or accident. There 

is no risk to an onboard crew while using a UAV. Traditional manned aircraft contain 

highly-flammable fuel and are at risk of fuel spillage and fire in the event of an incident 

or accident. The battery-powered Typhoon Q500 carries no fuel, eliminating this fire and 

environmental risk. Traditional aerial photography/videography operations using 

conventional aircraft can operate in very close proximity to persons and property on the 

ground. While the FAA mitigates these risks in a variety of ways, the proposed UAS 

operations would reduce risks even further due to the limited size, weight, speed, 

operating conditions, and safety features of the Typhoon Q500. Furthermore, as 

Congress outlined in the FAA Modernization and Reform Act, integration of UAS into the 

NAS is inherently in the public interest, as long as it can be accomplished safely. As 

described above, not only will the proposed UAS operations provide an equivalent level 

of safety to current operations – they will actually provide a greatly-improved level of 

safety to the public and its property. 

IX. NATIONAL SECURITY

No national security issue is raised by the grant of this exemption. Given the size, load 

carrying capacity, speed at which it operates, and the fact that it carries no explosives 

or other dangerous materials, the Typhoon Q500 poses no threat to national security. 

X. PRIVACY

All operations will be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

the land owner/controller or authorized representative will be obtained for each flight to 

be conducted. 

XI. SUMMARY OF AV8 DIGITAL, SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, AV8 Digital hereby provides, pursuant to Part 11, 
a summary of its exemption application to allow commercial operation of the Yuneec 

Typhoon Q500 4k unmanned aerial vehicle in photography/videography work. An 

exemption is requested from the following regulations: 

14 C.P.R. §61.113(a)&(b) 

14 C.P.R. §91.7(a)

14 C.P.R. §91.119(c)

14 C.P.R. §91.151(a) 

14 C.P.R. §91.405(a)

14 C.P.R. §91.407(a)(1)

14 C.P.R. §91.409(a)(1)&(2) 

14 C.P.R. §91.417(a)&(b) 

XII. CONCLUSION

In summary, AV8 Digital seeks exemption from the FARs listed above in order to 

commercially operate a small unmanned aerial vehicle of less than 3 pounds for the 

purposes of aerial photography and videography. 

Approval of this exemption will enhance safety by removing the many risk factors caused 

by traditional, manned aircraft undertaking these operations. 

Sincerely, 

David L. Bauer

Owner/Operator, AV8 Digital