U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE.

Washington.

DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AEROVUE IMAGERY, LLC 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

CONCERNING COMMERCIAL OPERATION OF UNMANNED AERIAL 

SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

. 

(a) AeroVue Imagery, LLC

 6707 Fall River Rd

 Idaho Springs, CO 80452

 andydees@aerovueimagery.com

 303-596-2885

(b) The specific section or sections of 14 CFR from which you seek an exemption; Part 21

Subpart H Airworthiness certification

14 C.F.R. § 45.23(b) Markings

14 C.F.R. § 61.113(a) and (b) Private pilot privileges

14 C.F.R. § 61.133(a) Commercial pilot privileges

14 C.F.R. § 91.7(a) and (b) Civil aircraft airworthiness

14 C.F.R. § 91.103(b)(2) Performance data

14 C.F.R. § 91.105(a)(2) & (b) Flight crew members at stations

14 C.F.R. § 91.109(a) Instruction

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

14 C.F.R. § 91.121 Altimeter Settings

14 C.F.R. § 91.151 Fuel requirements for flights in VFR conditions

14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft certifications

14 C.F.R. § 91.207 Emergency location transmitters

14 C.F.R. § 91.405(a) Maintenance

14 C.F.R. § 91.407(a)(1) Operation after maintenance

14 C.F.R. § 91.409(a)(2) Inspections

14 C.F.R. § 91.417(a) Maintenance records

`
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Part 21 Subpart H.

Part 21 Subpart H prescribes procedural requirements for the issue of airworthiness certificates. 

AeroVue Imagery requests exemption from Subpart H to operate Unmanned Aerial Systems

without the requirement for an airworthiness certificate. Specifically, AeroVue Imagery will

operate lightweight (under 55lbs) multirotor Unmanned Aerial Systems with operations 

procedurally and operationally restricted below 200 ft. agl within visual line-of-sight.

14 C.F.R. § 45.23(b) - Display of marks; general.

AeroVue Imagery proposes that the identification of UAS platforms as “RESTRICTED” be 

prominently displayed on the side and/or top of individual configurations consistent with 

design constraints of aerial systems. 

14 C.F.R. § 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command.

AEROVUE IMAGERY requests exemption from 14 C.F.R. § 61.113(a) and (b) to allow 

AEROVUE IMAGERY to commercially operate the multirotor Unmanned Aerial Systems

with operators holding private pilot certificates. The operators holding private pilot licenses 

would be trained by commercial or ATP pilots who are certified as instructors by the 

Operations Manual.

14 C.F.R. § 61.133(a) Commercial pilot privileges and limitations.

AEROVUE IMAGERY requests exemption from 14 C.F.R. § 61.133(a) in accordance with the 

above request enabling an operator with a private pilot certificate to operate the multirotor 

Unmanned Aerial Systems commercially as specified in the Operations Manual.

14 C.F.R. § 91.7(a) and (b) Civil aircraft airworthiness

AeroVue Imagery requests an exemption from 14 C.F.R. § 91.7(a) and (b). Basis for request is 

the absence of a regulatory requirement for an airworthiness certificate applicable to the 

operation of lightweight multirotor systems. However, in accordance with the language and 

intent of Federal Air Regulations, the highest level of safety and care would be maintained

through the implementation of a formal Safety Management System. The SMS Program 

would be administered utilizing industry Standards and Recommended Practices (SARP’s). 

Although an acceptable level of safety establishes the industry benchmark reference for safety 

management, AeroVue Imagery would establish the “highest level of safety” and “beyond 

ordinary care” as the operational benchmark. 

14 C.F.R. § 91.103(b)(2) Preflight action.

Preflight requirements would be included in the Normals Section of the Aircraft Operations

Manual for each specific aircraft type. The requirements would include, but not be limited to, 

physical condition of aircraft, fuel state, time aloft, weather conditions, operating zone and 

limitations, and special considerations. 
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14 C.F.R. § 91.105(a)(2) & (b) Flight crew members at stations.

AeroVue Imagery requests exemption from 14 C.F.R. § 91.105(a)(2) & (b). Operation and 

control of the systems would be accomplished by a ground crew of 1 or 2 crew members. The 

requirements under this section are not applicable to lightweight UAS operations.

14 C.F.R. § 91.109(a) Flight instruction; Simulated instrument flight and certain flight 

tests.

This section limits flight instruction to aircraft with dual controls and is not applicable. The 

proposed UAS platforms do not operate with dual controls. AeroVue Imagery requests 

exemption from the section in order to conduct training of operators. Flight instruction and 

operational training would be completed by an ATP/FE rated pilot with over 18000 flight 

hours, including military and civilian experience as an Instructor Pilot and FAA Designated 

Examiner. 

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

This section limits aircraft to a minimum altitude of 500’and is not applicable. AeroVue 

Imagery requests a waiver of this section with all operations conducted below 400 feet AGL. .

14 C.F.R. § 91.121 Altimeter Settings.

Not applicable.

14 C.F.R. § 91.151 Fuel Requirements for flights in VFR conditions.

Not applicable.

14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft: Certifications required.

AeroVue Imagery would not be operating UAS platforms with an airworthiness certificate. 

The requirements of this section are not applicable.

14 C.F.R. § 91.207 Emergency Locator transmitters.

The requirements of this section are not applicable. The exemption is requested due to line of 

sight ground control and operation, return to base and land safe modes of operation proposed 

for all AeroVue UAS platforms. 

14 C.F.R. § 91.405(a) Maintenance required.

The requirements of this section are not applicable. Maintenance inspections in accordance 

with Part 43 do not apply to lightweight UAS platforms. Required maintenance will be 

completed in accordance with manufacturer’s specifications and AeroVue Operations Manual.

14 C.F.R. § 91.407(a)(1) Operation after maintenance.

AEROVUE IMAGERY requests exemption from this section as it references returning the 

aircraft to service under a person AeroVue Imagery authorized under Part 43. The required 

and equivalent level of safety will be achieved by using OEM maintenance procedures for 
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inspection and resolution of all maintenance discrepancies in consultation with manufacturer 

guidance.

14 C.F.R. § 91.409(a)(2) Inspections.

AEROVUE IMAGERY requests exemption from 14 C.F.R. § 91.409(a)(2) due to the aircraft 

not being operated with an airworthiness certificate as requested and therefore not requiring an 

inspection for issuance of an airworthiness certificate. The level of safety will be maintained 

by following Operations Manual inspection and maintenance schedules using experienced 

operators.

14 C.F.R. § 91.417(a) Maintenance records.

An exemption for 14 C.F.R. § 91.417(a) is requested due to the references in keeping records 

in accordance with Part 43 and the maintenance schedule associated with Part 43 and the 

aircraft airworthiness certificate. Records for the aircraft maintenance in accordance with 

OEM guidance will be maintained as closely to section 14 C.F.R. § 91.417(a) as possible with 

work that is carried out on the aircraft to ensure safety is maintained at the same level expected 

under this section.

(c) The request for these exemptions is for the use of Unmanned Aerial Systems to provide 

aerial services to a variety of industries and applications. The Operations Manual content and 

format are proprietary and available for review and inspection upon request. In addition, the 

detailed manual language is considered proprietary and will also be available for inspection 

upon request. 

(d) The use of Unmanned Aerial Systems will provide vast and quantifiable economic, quality

of life, and environmental benefits to a variety of industries that work in the public interest. 

The economic benefits to companies and individuals has been estimated in the billions of 

dollars. In addition to the benefits to consumers and existing industries, the commercial use of 

Unmanned Aerial Systems represents an explosive growth industry that will provide incentives 

for entrepreneurship, business development and resulting economic growth. The proposed 

uses of Unmanned Aerial Systems by AeroVue Imagery represents applications and services 

directly and indirectly in the public interest. 

(e) The safety and operations systems will be organized and implemented to meet the intent

and language, where applicable, of ATOS Systems, Elements and Sub-Elements as defined in 

8400 Appendix 6, defined as a multidisciplinary approach to make a system, product, process, 

operation or facility as safe as is practical. 

(f) Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the 

Federal Register, should the FAA determine that publication is needed: 
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Docket No.: No. FAA-2015-____ 

Petitioner: AeroVue Imagery. 

Section of 14 CFR: Part 21 Subpart H, 14 C.F.R. § 45.23(b), 14 C.F.R. § 61.113(a) and (b), 14 

C.F.R. § 61.133(a), 14 C.F.R. § 91.7(a) and (b), 14 C.F.R. § 91.103(b)(2), 14 C.F.R. § 

91.105(a)(2) & (b), 14 C.F.R. § 91.109(a), 14 C.F.R. § 91.119, 14 C.F.R. § 91.121, 14 C.F.R. § 

91.151, 14 C.F.R. § 91.203(a)(1) and (2), 14 C.F.R. § 91.207, 14 C.F.R. § 91.405(a), 14 C.F.R. 

§ 91.407(a)(1), 14 C.F.R. § 91.409(a)(2), 14 C.F.R. § 91.417(a).

Description of Relief Sought: AeroVue Imagery is seeking an exemption to conduct 

commercial operations of Unmanned Aerial Systems under strictly controlled operations in 

individually specified areas of the United States underlying the National Airspace System.

g) Operations Specifications as described below establishing an equivalent or greater level of 

safety to manned aircraft.

(h) Not Applicable

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AEROVUE IMAGERY, LLC 

OPERATIONS SPECIFICATIONS FOR CONSIDERATION PURSUANT TO THE 

REQUIREMENTS OF 14 C.F.R § 11.81

Regarding the Unmanned Aircraft Systems:

1. How UAS operation will be safely conducted.

The proposed UAS platforms include small to medium multirotor configurations with total 

weight and payload under 55lbs. The platforms include integrated cameras, GPS stabilized 

Auto Flight, No Fly Zones, Return to Home, and Auto Land modes. Specifically, all 

operations will be conducted as close as possible, and where applicable, to operational 

processes and standard operating procedures of commercial aircraft. This would include the 

development of Operations Specifications combined with a controlled and sound maintenance 

program. 

The Operations Specifications, as outlined in the Operations Manual is for the use and 

guidance of all operations personnel, who will ensure that all UAV commercial operations are 

planned and executed in accordance with its policies and requirements. All rules and 

regulations shall be stipulated as Standard Operating Procedures and be adhered to by all 
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administrative and operations personnel. During any situation not covered in the Operations 

Manual or in any emergency situation, personnel shall not be prevented from using their best 

judgment.

The Operations Manual includes the following sections:

 Part A: General Operations and Administration

This part comprises all non-type related operational and administrative policies, 

instructions and Standard Operating Procedures needed for a safe operation.

 Part B: Aircraft Specific Operational Specifications

This part comprises all type specific instructions and Standard Operation Procedures

needed for a safe operation. It delineates type differences and variants used. Additional 

information is prescribed considering the local and/or geographical circumstances in the 

area of operation.

 Part C: Area of Operation

This part comprises all instructions and information specific to the area of operation.

 Part D: Training

This part stipulates the training and qualification program of all operational personnel 

assigned to management or flight duties, including specifications for initial and recurrent 

training and qualifications administration.

2. Operating Procedures for operational, maintenance and administrative control are specified 

in AeroVue Operations Manual Part B OpSpecs, including utilization of pre-flight and postflight operational and maintenance checklists. 

3. Radio Frequency spectrum and associated equipment and FCC compliance. All AeroVue 

UAS platforms comply with part 15 of the FCC rules. AeroVue UAS platforms contain a radio 

transmitter with wireless technology which has been tested and found to be compliant with 

applicable regulations governing a radio transmitter in the 2.400 GHz to 2.4835 GHz frequency

range.

Regarding the Unmanned Aircraft PIC:

4. The Director of Operations qualifications and experience include:

Flight Hours-18000+, Medical-First Class, Highest Security Clearance-TS/SCI

Co-Founder at Via Airways, Inc.

New Entrant Air Carrier Executive Summary/Business Plan-Editing and analysis of 

Executive Summary and Business Plan. Primary areas of input and responsibility: 

Certification, Operations, Training, Safety and Security. Financial Analysis-Assisted 

development and completed research of dynamic Financial Plan, including analysis of: 
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System Route Integration and Expansion, Consolidated Financial Projections,

Aircraft Acquisition and Financing, Fuel Analysis. Detailed market and financial analysis of 

over 18,000 route segments encompassing five years of operation. Certification PlanManaged development of Part 121 Certification Plan for new entrant airline. Development 

of certification timeline and financial projections. Extensive research of FAA ATOS/CSET 

certification criteria. Coordination with SME (Subject Matter Expert) for management of 

certification activities, processes and procedures. SMS (Safety Management System) 

Administrator responsible for development and implementation of comprehensive safety 

plan to include the four critical components of SMS: Safety Policy, Safety Risk 

Management, Safety Assurance, and Safety Promotion.

Captain at Major Airline

Type Rated in B727, B737, B747, B777, A320, L188. Additional Flight Experience in 

DC9, A300, L1011.

Commander USNR (ret)

Completed Aviation Officer Candidate School, Pensacola, FL and commissioned an Ensign in 

the United States Navy in 1979. Completed primary and advanced flight training in the T-28 

Trojan and T-44, and designated a Naval Aviator after a record time of 8 months in Naval Air 

Training Command. Flew the P3 Orion as Patrol Plane Commander in worldwide operations, 

assigned to VP16, VP66, and VP67. Plank Owner (founding member) assigned to Tactical 

Support Center 1079. Technical Projects Officer for USCINCPAC War Gaming/Simulation 

Facility. Retired from the United States Navy Reserve after serving as the Surveillance and 

Warning Tactical Applications Officer assigned to United States Space Command, Peterson 

AFB and Cheyenne Mountain Operations Center, Colorado. Held many positions of 

leadership in the Navy including Training Officer, Maintenance Officer, Safety/Natops Officer, 

Legal Officer, NAVAIRRESCEN Inspector General, and Executive Officer. Member and 

qualified speaker for "Campaign Drug Free America". As a Commander assigned to United 

States Space Command, was the reserve member and co-author of the DOD/United States 

Space Command “Critical Infrastructure Protection Plan”, member of the “Space Based 

Infrared System” Technical Review Team, and Editor of the “Space Lexicon”. While serving 

in these positions, awarded the "DEFENSE MERITORIOUS SERVICE MEDAL" by the 

Commander in Chief, United States Space Command. 

Pilot Instructor at Major Airline

Boeing 777 Pilot Instructor and FAA Designated Examiner.

Instructor Pilot, Legal Officer at United States Naval Air Training Command

Advanced Training Instructor Pilot

Station Operations, Reservations, Ramp Operations at Scheduled Skyways, Inc.

Full-time employment while attending University of Arkansas.
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5. Medical standards and certification of the PIC. The Pilot In Command will hold, at a 

minimum, a Private Pilots Certificate and FAA 3

rd Class Medical Certificate. The Director 

of Operations will hold an Airline Transport Pilot Certificate and FAA 1

st Class Medical 

Certificate. 

Regarding the Operation of the Unmanned Aircraft:

6. Intended UAS operations. The proposed UAS operations include photography and video 

services utilizing multirotor UAS platforms. The primary operations would include 

analysis for solar panel installations, aerial photography for real estate marketing, and 

surveillance/analysis for construction and agricultural applications. All operations would be 

conducted below 200 ft. agl within visual line of sight. The crew would consist of the Pilot 

In Command and Payload Operator/Safety Observer, as applicable. All commercial 

operations would be conducted over private property with full notification and consent of

property owners or legally responsible parties. All operations would be conducted utilizing

virtual fences or geographic parameters limiting movement of aircraft within specified 

property boundaries only. Where applicable and necessary, operations will be conducted 

utilizing preprogrammed flight routes with specified tracks, altitudes and speeds. All 

operations will be conducted pursuant to Standard Operating Procedures, as specified in the 

Operations Manual, and following operational and technical briefs and utilization of 

checklists. No other persons would be present except the required crew and property 

owners or technical advisors necessary for mission integrity and job completion. 

7. Maximum operating speed and altitude. All UAS operations will be conducted below 

200 ft. agl with a maximum speed of 25 knots. Operations will only be conducted in 

daylight, visual meteorological conditions with a minimum of 1 mile visibility and free of 

clouds. 

8. Characteristics of the area of intended operations and potential hazards in accordance 

with statutory mandate regarding proximity to populated areas. Operations will be 

conducted in residential and commercial areas with specific parameters designated for the 

target property. A property analysis will be conducted prior to operation specifying 

potential hazards such as power lines, trees, structures, terrain and conflicts or hazards 

associated with adjoining properties. As required, adjoining property owners/tenants will 

be notified prior to operations detailing the nature of the operation and the times of 

commencement and suspension of flight operations. Any conflicts or concerns will be 

addressed and resolved prior to all flight operations. 

9. Operation in proximity to airports. Proximity to airports will be limited automatically by

the onboard no fly zones and no less than 3 nautical miles from airport boundaries. In the 

event of any planned operations within the no fly zone, prior authorization will be obtained 
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from the controlling FSDO before manual override of no fly zones are programmed and 

initiated. The controlling FSDO will be notified of specific area of operation, flight 

route/pattern, altitudes of operation and time of commencement and suspension of 

operations. 

10. Operation within visual line of sight. All operations will be conducted within visual 

line of sight of pilot and payload operator/observer. Any deviation from visual line of sight 

from pilot or observer will require immediate suspension of operation.

11. Preflight safety risk assessment to determine UAS in condition for safe flight. All 

preflight safety assessments and site analysis will be completed through the use of Standard 

Operating Procedures and Operations Specifications as specified in the Operations Manual.

12. Operations with existing requirements-notify FSDO prior to operation. All current 

regulatory requirements for notification will be completed prior to all UAS operations.

13. Certificate of Waiver or Authorization (COA) prior to operation. All current regulatory

requirements for issuance of COA will be completed prior to all UAS operations. 

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

respectfully request exemption for commercial operation of Unmanned Aerial Systems 

under the stipulations outlined above and in full compliance with all current and future FAA 

regulatory requirements. 

Dated March 31, 2015

Respectfully,

Frank A. Dees

Founder and CEO

AeroVue Imagery, LLC