August 5, 2015

Exemption No. 12348

Regulatory Docket No. FAA–2015–1000

Mr. John F. Simpson IV

Counsel

Aerial Assistant LLC

8400 W 26th Street

North Riverside, IL 60546

Dear Mr. Simpson:

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 dated April 6, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Aerial Assistant LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography.

See Appendix A for the petition submitted to the FAA describing 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 is a DJI Spreading Wings S900.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. 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 
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consideration of the size, weight, speed, and limited 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 the requested relief from 

14 CFR part 21, Certification procedures for products and 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. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, 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 petitioner 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 interest.

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 Assistant LLC 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.

Conditions and Limitations

In this grant of exemption, Aerial Assistant LLC 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.
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1. Operations authorized by this grant of exemption are limited to the DJI Spreading 

Wings S900 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 operated 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; 

electronic 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 

exemption, 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, 

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 revised documents if it petitions for extension 
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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 flight 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 

least 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 Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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 

(training, proficiency, and experience-building) and determining the PIC’s ability to 
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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 may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance 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 symbol 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 made 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 signal, 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 manufacturer 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.

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 
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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 enforcement 

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 controlled-access property with 

permission from the property 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 

contained on the NTSB Web site: www.ntsb.gov.

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 to the local Flight Standards 
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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 for 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 the 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.

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

FAA 

Exemption Rulemaking 

Section 333 of The 

FAA Reform Act and Part 11 

Unmanned Aircraft System DJI S900 

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Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 

20590 

January 31 ,2015 Chicago, 1L 

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 

21;14 CFR 61.113 (a) & (b); 91.7 {a);91.9 (b) (2);91.103(b); 91.109;91.119; 

91.121;91.151{a);91.203(a) & (b);91.405 (a); 91.407{a) (1); 91.409 (a) 

(2);91.417 {a) & (b). 

Dear Sir or Madam: 

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

Reform Act) and 14 C.F.R. Part 11, Aerial Assistant LLC dba Aerial Assistant, developer 

and operator of a small Unmanned Aircraft Systems ("sUASs") equipped to conduct 

aerial photography for the motion picture and television industry for scripted closed set 

filming, 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 smalL unmanned and relatively inexpensive sUAS under controlled 

conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 

4) would provide safety enhancements to the already safe operations in the film and 

television industry presently using conventional aircraft. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to " ... establish requirements for the safe operation of 

such aircraft systems in the national airspace system." Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Aerial Assistant LLC dba Aerial Assistant. 

Attn: Jeffrey Lane 

Phone: 312-620-1455 

Email: contactus@aerialassistant.com 

Address: 200 E. Illinois St. Ste. 1305 Chicago, IL 60611 

1 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, 

Chapter 8-lssue a Certificate of Waiver for Motion Picture and Television Filming 

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Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b} 

14CFR 61.113 (a} & (b) 

14 C.F.R. 91.7 (a} 

14 CFR 91.9 (b) (2} 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14CFR91.151 (a} 

14 CFR 91.203 (a} & (b) 

14CFR91.405 (a} 

14 CFR 407 (a} (1} 

14 CFR 409 (a} (2} 

14CFR 417 (a} & (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 of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS} before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination. the 

Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

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

and 

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

Reform Act § 333 (a}. Lastly, if the Secretary determines that such vehicles "may 

operate safely in the national airspace system, the Secretary shall establish requirements 

for the safe operation of such aircraft in the national airspace system." /d. §333(c} 

(emphasis added}2. 

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, as 

the term is defined under §401 01 of the Act, that includes sUASs, from the 

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

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

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

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

herein do not fulfill the statutory requirements for approval. 

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Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this 

title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701 (f) 

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

Aerial Assistant LLC's sUASs are fixed-wing aircraft, weighting 55 or fewer lbs. 

including payload. They operate, under normal conditions at a speed of no more 

than 50 knots and have the capability to hover, and move in the vertical and 

horizontal plane simultaneously. They will operate only in line of sight and will operate 

only within the sterile area described in the Safety Operations Manual attached with 

this application (hereinafter "the Manual") 3

. Such operations will insure that the sUAS 

will"not create a hazard to users of the national airspace system or the public."4 

Given the small size of the sUASs involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of safety 

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

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

due to the size of the UASs and the restricted areas in which the relevant sUASs will 

operate, approval of the application presents no national security issue. Given the 

clear direction in Section 333 of the Reform Act. the authority contained in the Federal 

Aviation Act. as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with 

allowing UASs for movie and television operations, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests 

that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for at least an equivalent or even higher level of 

safety to operations under the current regulatory structure because the proposed 

operations represent a safety enhancement to the already safe movie and television 

filming operations conducted with conventional aircraft. 

3 The Safety Operations Manual was created to ensure safety procedures. Applicant submits this manual as a 

Confidential document under I 4 CFR 11.35 (bl.The manual contains operating conditions and procedures that are 

not available to the public and are orotected from release under the Freedom of Information Act 5 USC 552 

4 Reform Act Section 333 (b). 

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Law Office of 

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North Riverside, IL 

708.853.9249 

These limitations and conditions to which Aerial Assistant agrees to be 

bound when conducting commercial operations under an FAA issued 

exemption include: 

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total 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. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not 

more than 200 feet above an elevated platform from which filming is 

planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual 

Observer, and the Camera Operator. 

6. sUAS pilot will be an FAA licensed airman with at least a private pilot's 

certificate and third class medical. The observer will hold at least a third class 

medical. 

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other 

than the sUAS Pilot, who possess the necessary PIC qualifications, is also 

present on set (i.e. the Aerial Coordinator), that person can also be 

designated as PIC. 

8. The UAS will only operate within a confined "Sterile Area" as defined in the 

Operations Manual. 

9. A briefing will be conducted in regard to the planned sUAS operations prior 

to each day's production activities. It will be mandatory that all personnel 

who will be performing duties within the boundaries of the safety perimeter 

be present for this briefing. 

10. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light 

of the requested exemption, with the appropriate Flight Standards District 

Office. 

11. The operator will obtain the consent of all persons involved in the filming and 

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

flight operation, and this radius may be reduced to 30 feet based upon an 

equivalent level of safety determination. With the advanced permission of 

the relevant FSDO, operations at closer range can be approved. 

12. The operator will submit a written Plan of Activities to the FSDO three days 

before the proposed shoot. 

13. Pilot and observer will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated as 

required Sections M and N of the Manual. 

14. Observer and pilot will at all times be able to communicate by voice and/or 

text. 

15. Written and/or oral permission from the relevant property holders will be 

obtained. 

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16. All required permissions and permits will be obtained from territorial. state, 

county or city jurisdictions, including local law enforcement, fire. or other 

appropriate governmental agencies. 

17. If the sUAS loses communications or loses its GPS signal. the UAS will have 

capability to return to a pre-determined location within the Security 

Perimeter and land. 

18. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, 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 the Applicant, 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 U.S.C.§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 UAS. In all cases, an analysis 

of these criteria demonstrates that the UAS 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 (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels. and operates exclusively within a secured area as set out in the Manual. Unlike 

other civil aircraft. operations under this exemption will be tightly controlled and 

monitored by both the operator. pursuant to the Manual's requirements. and under 

the requirements and in compliance with local public safety requirements. to 

provide security for the area of operation as is now done with conventional filming. 

The FAA will have advance notice of all operations. These safety enhancements, 

which already apply to civil aircraft operated in connection with motion picture and 

television production, provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21. Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the 

UAS, due to its size, speed of operation. location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load. 

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North Riverside, IL 

708.853.9249 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter ''N" and the registration number is 

displayed on limited. restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft. the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may 

be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word. 

"Experimental" can be placed. Given the size of the sUAV, two-inch lettering will be 

impossible. The word "Experimental" will be placed on the fuselage in compliance with 

§45.29 (f). 

The equivalent level of safety will be provided by having the sUA V marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

sUAV will see the identification of the UAS as "Experimental." The FAA has issued the 

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 

10167A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the UAS will 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 this small UAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the sUAS is remotely controlled with no living thing on board. 

The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth in the Manual. The level of safety provided by the 

requirements included in the Manual exceeds that provided by a single individual 

holding a commercial pilot's certificate operating a conventional aircraft. The risks 

associated with the operation of the sUAS are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, 

that allowing operations of the sUAS as requested with a private pilot as the PIC 

exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 

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Doc ID: 540b218de30c640a065ed6f30fel31 f44e394751 
Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

14 C.F.R. §91.7{a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the 

aircraft, should this exemption be granted. no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft and the requirements 

contained in the Manual for maintenance and use of safety check lists prior to each 

flight. as set forth in Aerial Assistant's Operation Manual an equivalent level of 

safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2)For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material. markings. and placards. or 

any combination thereof. 

The sUAS. given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft. not only because there is no pilot on board. but 

because there is no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued the following exemptions to this 

regulation: Exemption Nos. 8607. 8737, 8738. 9299, 9299A. 9565, 9565B, 10167, 

10167 A. 10602, 32827. and 10700. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before 

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. An equivalent level of safety 

will be provided as set forth in the Operations Manual. The PIC will take all actions 

including reviewing weather. flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. 

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Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

14 C.F.R. §91.109: Flight instruction: 

Section 91.103 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 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. See Exemption Nos.5778K & 

9862A. 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. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 

(d) allows helicopters to be operated at less than the minimums prescribed, provided 

the person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL or not more than 

200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, except for the limited conditions 

stated in the Manual, the UAS will never operate at higher than 400 AGL. It will 

however be operated in a restricted area with security perimeter, where buildings and 

people will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, sped of the 

UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to 

the property owner and participants in the filming activity, all affected individuals will 

be aware of the planned flight operations as set forth in the Manual. Compared to 

flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. 

proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL in the movie industry. In addition, the low-altitude 

operations of the sUAS will ensure separation between these small- UAS operations and 

the operations of conventional aircraft that must comply with Section 91 .119. 

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Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

14 C.F.R. §91.121 Altimeter Settings 

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, pursuant to the Manual and Safety Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151{a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 {a) 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 40 minutes of powered 

flight. To meet the 30 minutes reserve requirement in 14 CFR §91.151, sUAS flights would 

be limited to approximately 10 minutes in length. Given the limitations on the UAS'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. 

Applicant believes that an exemption from 14 CFR §91. 151 {a) falls within the 

scope of prior exemptions. See Exemption 10673 {allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 {a)). Operating the small 

UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.1 51 {a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 

10 minutes would greatly reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25% of battery power whichever happens first. This restriction is 

more than adequate to return the sUAS to its planned landing zone from anywhere in its 

limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 57 45, 10673, and 1 0808. 

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Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil 

aircraft unless it has within it the following: 

(1) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight 

authorization issued under § 91 .715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the sUAS will have immediate access to 

them, to the extent they are applicable to the sUAS. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A 9797, 9797 A 9816A and 10700. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

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 section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook 

as referenced in the Manual. An equivalent level of safety will be achieved because 

these small UASs are very limited in size and will carry a small payload and operate only 

in restricted areas for limited periods of time. If mechanical issues arise the UAS can 

land immediately and will be operating from no higher than 400 feet AGL. As provided 

in the ManuaL the operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 

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. 

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Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

********* 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the Federal Register. should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 

C.F.R 45.23(b );14 C.F.R. §§ 61.113( a) & (b );91.7 (a); 91.9 (b) (2);91.1 03(b );91.1 09; 

91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405(a); 91.407 (a) (1); 91.409 (a) (2); 

91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (551bs or less) in motion picture and television operations. 

Approval of exemptions allowing commercial operations of sUASs in the film 

industry will enhance safety by reducing risk. Conventional film operations, using jet or 

piston power aircraft, operate at extremely low altitudes just feet from the subject 

being filmed and in extreme proximity to people and structures; and present the risks 

associated with vehicles that weigh in the neighborhood of 4,0001bs., carrying large 

amounts of jet A or other fuel (examples shown below). Such aircraft must fly to and 

from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by 

batteries eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The sUAS is carried to the film set and not flown. 

The sUAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent 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 conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the 

property owner's prior consent and knowledge. Filming will be of people who have 

also consented to being filmed or otherwise have agreed to be in the area where 

filming will take place. 

Aerial Assistant adheres to all FAA regulations. Further, Aerial Assistant teams operate 

under the principals of: Safety First, Quality Assurance, Accountability, Reporting, and 

Training. When approved by the FAA it is Aerial Assistant's mandate to treat all sUAS 

operations the exact same as that of conventional aircraft. 

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Doc ID: 540b218de30c640a065ed6f30fel31 f44e394751 
Conventional Film Operations 

Conventional Film Operations 

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Doc ID: 540b218de30c640a065ed6f30fel31 f44e394751 
Law Office of 

John F. Simpson IV 

North Riverside, IL 

708.853.9249 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 

2012 size, weight, speed, operating capabilities, proximity to airports and 

populated areas and operation within visual line of sight and national securityprovide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's UAS in the motion 

picture and television industry pursuant to the Manual appended hereto. Aerial 

Assistant is eagerly standing by to support the FAA and sUAS community in its 

quest to establish proper regulations and protocols for the safe introduction of 

unmanned aircraft into the national airspace. Furthermore Aerial Assistant 

carries a $1.000.000 liability insurance (policy number: 8000329) provided by 

Global Aerospace. 

Sincerely, 

Jeffrey Lane 

Operations Manager 

Aerial Assistant LLC 

04 I 06 I 2015 

John Simpson 

Counsel for Aerial Assistant LLC. 

04 I 06 I 2015 

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