Jasper Kohler

211 N. Garden St.

Bellingham, WA, 98225

aeriolp@gmail.com

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 

91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) 

& (b).

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Jasper Kohler, 

operator of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Aeriol 

Photography, for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its UAS, 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.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 

45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR). This proposed exemption would allow the operation of unmanned 

aircraft systems (UAS) for real estate and event aerial videography and photography.

Applicant: Jasper Kohler,Founder and Owner Aeriol Photography

aeriolp@gmail.com (360) 319- 3616

Commercial operation of an UAS, as described herein, which are equipped with camera 

and sensors, would operate in the following manner:

Aerial photography and/or video for public and/or private use including real estate and 

other related professional activities. Aerial video and/or photography for public and/or 

private use including public and private events.

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

under controlled conditions in the NAS that would be a) limited, b) controlled, c) 

predetermined, and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation responsibilities to 

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

airspace system.”
We will operate a UAS, the DJI Phantom 3 Standard, Model , which is comprised of an 

unmanned aircraft (UA or Phantom), an attached 2.7K camera and a transportable ground 

station. The PHANTOM 3 is a quad-copter with a gross weight of 2.8 pounds. It is

equipped with four rotors that are driven by electric motors powered by batteries. The 

UA has a maximum airspeed of 16 m/s. It will be operated primarily around Bellingham, 

WA, to augment real estate listing videos, capture event areal video and photography, and 

related business operations.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, 

which ensures a level of safety at least equal to existing rules:

• operate UAS below 400 feet and within a radius distance of 1000 feet from the 

controller to aid in direct line of sight visual observation; 

• obtain permission from the owner/controller of any vessels, vehicles and structures 

when operations may be conducted closer than 500 feet to any such vessels, 

vehicles or structures; we will conduct a safety assessment of the risk of operating 

closer to those objects and determine that it does not present an undue hazard; 

• operate the UAS for 20-25 minutes per flight; 

• land UAS prior to the manufacturer’s recommended minimum level of battery power; 

• operate UAS during daylight hours only within visual line of sight (VLOS); 

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers 

and then slowly lands if communication with the remote control pilot is lost; 

• conduct all operations under the flight safety protocols (notify all bystanders of our 

actions and intentions with the UAS prior to take off and landing) 

• contact respective airports if operations will be within 5 miles to advise them of his 

estimated flight time, flight duration, elevation of flight and other pertinent 

information. 

• consult skyvector.com aeronautical charts to clear a safe flight path prior to takeoff

• always obtain all necessary permissions prior to operation; have procedures in place to 

abort flights in the event of safety breaches or potential danger.

• only operate in safe environments that are strictly controlled, are away from power 

lines, elevated lights, airports and densely populated areas (defined by areas 

depicted in “yellow” on VFR charts and through obtaining information regarding 

congested areas from the local Flight Standards District Office (FSDO); 

• conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference PHANTOM Flying Flow Chart and User Manual). 

Regarding UAS operational training, we have flown numerous practice flights in 

remote areas as hobbyists simulating flights for future commercial use to gain 

familiarization with the characteristics of the UAS’ performance under different 

temperature and weather conditions. 

Any PIC operating our UAS will have accumulated and logged, in a manner consistent 
with 14 CFR 61.51(b), 25 hours of total time as a UAS pilot. The PIC will also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations. In addition to the hour requirements, the 

PIC will accomplish 3 take-offs and landings in the preceding 90 days (for currency 

purposes) prior to any flight.

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and 

§ 91.203(a) and (b) (Certifications required), subject to certain conditions and 

limitations, is warranted and meets the requirements for an equivalent level of safety 

under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, 

the two-inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, we can mark the UAS in the 

largest possible lettering by placing the word “Experimental” on its fuselage as required 

by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft 

without an airworthiness certificate, since there is currently no certificate applicable to 

our operation, this regulation is inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will perform a preflight inspection of the 

UAS before each flight as outlined in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in 

the aircraft, however since there are no pilots or passengers on board the aircraft and 

given its size, this regulation is inapplicable. We believe an equivalent level of safety will 

be achieved by maintaining a safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation 

of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain 

conditions. We will not operate our UAS above the altitude of 400 feet above ground 

level (AGL) and will also only operate in safe areas away from the public and traffic, 

thus “providing a level of safety at least equivalent to or below those in relation to 

minimum safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, 

an equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR 

conditions. The UAV is 100% electric and two low battery alerts are issued - per the 

operating documents, the UAV will be landed at the first alert. Also, our flights will last

only 5-10 minutes each, and the UAS has an automated function, which results in 
immediate landing when a low battery is detected. The PIC

will not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly to the first point of intended landing and, assuming normal cruising 

speed, land the UA with 30% battery power remaining.

Public Interest

Aerial photography and videography for real estate and events will enhance marketing 

efforts and increase business success. The industry is not new. However, until recently it 

was conducted through the use of costly and dangerous manned aircraft, a prohibitive 

business activity for small companies. Public and private events will be benefitted by 

using our services to bring attention and gain exposure for the community.

Summary

We will comply with all of the following conditions and limitations should this 

exemption be provided: 1) Operations will be limited to the following aircraft described 

in the operating documents, which is a quad-rotor aircraft weighing 2.8 pounds: Phantom 

3 Unmanned Aircraft System. 2) The UA will not be flown at an indicated airspeed 

exceeding 50 knots. 3) The UA will be operated at an altitude of no more than 400 feet 

above ground level (AGL), All altitudes reported to ATC must be in feet AGL. 4) The 

UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) 

at all times. 5) All operations will utilize a visual observer (VO). The UA will be 

operated within the visual line of sight (VLOS) of the VO at all times. The VO and PIC 

will be able to communicate verbally at all times. The PIC will be designated before the 

flight and will not transfer his or her designation for the duration of the flight. The PIC 

will ensure that the VO can perform the functions prescribed in the operating 

documents. 6) The operating documents will be accessible during UAS operations and 

made available to the Administrator upon request. Any revisions to the operating 

documents will be presented to the Administrator upon request. 7) 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 UAS will not be 

operated 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. 8) Any UAS 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. 9) The pre-flight inspection section in the operating documents will 

account for all discrepancies, i.e. inoperable components, items, or equipment, not 

already covered in the relevant sections of the operating documents. 10) We will follow 

the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.
11) We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations will 

be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service. 12) Each UAS operated will comply with all manufacturer Safety Bulletins. 13) 

An authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 14) UAS operations will be 

conducted by a PIC possessing at least a private pilot certificate and at least a current 

third-class medical certificate. The PIC will 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. 15) Prior to operations conducted for the purpose of aerial 

videography/photography and for real estate listing videos and public and private events 

and similar operations, the PIC will have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 16) Prior to 

operations conducted for the purpose of aerial videography/photography and for real 

estate listing videos and public and private events and similar operations, the PIC will 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum 

of 5 hours as UAS pilot operating the make and model of the UAS to be used in 

operations. The PIC will accomplish 3 take-offs and landings in the preceding 90 

days. 17) The PIC will not operate the UAS for the purpose of aerial 

videography/photography and for real estate listing videos and public and private events 

and similar operations, unless the PIC has demonstrated and logged in a manner 

consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner 

consistent with the operating documents, including evasive and emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles and structures. 18) 

UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). 19) The 

UA will not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart. 20) The UA will 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. 21) If a UA loses communications or loses its GPS signal, 

it will return to a predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents. 22) The PIC will abort a flight in 

the event of unpredicted obstacles or emergencies in accordance with the operating 

documents. 23) The PIC will not begin a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 30% battery power remaining. 24) We will obtain an 

Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) 

prior to conducting any operations, and also request a Notice to Air-man (NOTAM) not 

more than 72 hours in advance, but not less than 48 hours prior to the operation. 25) 
Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 26) The documents 

required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request.

27) The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 28) The UAS will not be operated by the PIC from any 

moving device or vehicle. 29) The UA will not be operated over congested or densely 

populated areas.

30) Flight operations will 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. We will 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 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). 31) All operations will be 

conducted over private or controlled-access property with permission from the land 

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

authorized representative will be obtained for each flight to be conducted. 32) Any 

incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

If you have questions or need additional information, please contact me at 

aeriolp@gmail.com or (360) 319-3616

Thank you,

Jasper Kohler Founder and Owner Aeriol Photography