Aerial Sights

9219 Long Run Drive

Juneau, AK 99801

September 14, 2015

Docket Operations, M 30

U.S. Department of Transportation

Room W12 140, West Building Ground Floor

1200 New Jersey Avenue, SE.

Washington, DC 20590-0001

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 91.7(a); 91.119; 91.121; 91.151 

(a); 91.405(a); 91.407(a)(1); 91.409(a)(1)and(2); 91.417(a)&(b); 91.9 (b) (2); 14 CFR 91.103(b); 

CFR 91.109; 14 CFR 91.203(a) & (b); 14 CFR 61.113 (a) & (b)

Dear Sir or Madam,

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

Act) and 14 C.F.R. Part 11, Aerial Sights (Operator) seeks an exemption from Federal Aviation 

Regulations (FAR) to allow commercial operations of their Unmanned Aerial System (UAS) for 

the purpose of conducting aerial videography, cinematography, safety inspections, and 

surveying. 

The exemption requested would support an application for a commercial Certificate of 

Authorization (COA). The COA would allow the UAS listed below the ability to conduct 

commercial operations. All flights conducted with this UAS will follow the conditions 

established by the FAA as required by Section 333. The Operator is prioritizing safety and 

efficiency as the civil commercial implementation takes place in the National Air Space (NAS). 

Like the FAA, it is the Operator’s mission to provide the safest and most efficient means of civil 

commercial implementation into the NAS. The Operator has taken steps to fully implement a 

high-level of understanding of the NAS and FAR with every flight. 

Applicant’s name and address:

James T. Gamez

9219 Long Run Drive, Juneau, AK 99801

T: +1 907 209 3396

aerial-sights@vmail.me
Order 8900.1 CHG guides the conditions proposed by the applicant.

Exemptions being requested from the following regulations:

14 CFR Part 21;

14 CFR 45.23(b)

14 CFR 91.7(a)

14 CFR 91.119

14 CFR 91.121

14 CFR 91.109

14 CFR 91.151 (a)

14 CFR 91.405(a) 

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(1)and(2)

14 CFR 91.417(a)&(b)

14 CFR 91.9 (b) (2)

14 CFR 91.103(b)

14 CFR 91.203(a) & (b)

14 CFR 61.113 (a) & (b)

Statutory Authority

This application is intended to fulfill the goal of Congress and the passing of Sections 333(a) 

through (c) of the Reform Act. The FAA has the authority to issue exemptions under the Federal 

Aviation Act. This incorporates the ability to grant an exemption from the requirement that all 

civil aircraft must have a current airworthiness certificate. The statutory authority includes the 

ability to grant exemptions for UAS under § 40101. Under subsection (a) or (b) of Sections 

44702-44716, the administrator may grant an exemption from these requirements if it is found to 

be in the public’s interest.

Section 333(b) of the Reform Act assists the secretary in determining if a UAS may fly in NAS 

without harming the user, the public, or threatening national security. The secretary must take 

into consideration the following to determine this:

 The speed, size, weight, and operational capability.

 If the UAS operates with a visual line of sight from the Operator.

 If the UAS operates outside of densely populated areas and away from airports.

This provision places the duty on the administrator to process applications for exemptions under 

Section 333. The administrator must also create conditions for safe operations of the UAS if the 

conditions mentioned within this request do not meet the statutory requirements to grant the 

exemption request. 

The weight of the UAS that Aerial Sights will use are under 55 pounds, attachments included.

Each consists of 4 motors and 4 propellers. They reach a maximum speed of 55 mph under 
normal conditions. During each flight, the UAS will be used only under direct line of sight. The 

areas that the UAS will be flown include commercial construction sites, forested areas, over 

large bodies of water, structures needing aerial review, farm land, promotional events, real estate 

properties, and inspection sights. Regardless of the project and area, a controlled, safe 

environment will be a priority to the Operator. 

Congress envisioned that the FAA would allow UAS to be used for commercial operations. 

Because of the size of the UAS and the controlled environment, the Operator fits within the 

category that Congress considers eligible for exemption, therefore, allowing commercial 

operations to commence if granted. National security is not at risk given the size and the 

controlled areas that the UAS will operate in. The Operator requests that the FAA grant this 

exemption to fulfill the vision Congress had for UAS entering the field of commercial 

operations. 

Safety and the Aircraft

The following characteristics will define each flight of the UAS operated by Aerial Sights. These

flight requirements provide a level of safety needed to conduct commercial operations with a 

UAS without posing a risk to the public. 

1. Maximum weight of any UAS will be 55 pounds. 

2. Line of sight practices for the pilot and observer for each flight. 

3. Maximum flight time for UAS shall be 25 minutes or until battery reaches 25%.

4. The altitude of each flight shall reach no higher than 400 feet, or 200 feet above any manmade structures. 

5. Each flight will consist of the pilot and a minimum of 1 visual observer. 

6. The Pilot In Command (PIC) shall be the individual piloting the UAS. If another pilot is 

present that holds the proper certifications, that person can also be the PIC. 

7. The UAS will have a predetermined perimeter before each flight acting as boundaries for 

a sterile environment. 

8. A review of each project will be conducted with all individuals participating in the flight 

before takeoff. This will include the designation of the boundaries.

9. Pilot and observer will be able to communicate via voice or text while the UAS is in the 

air. 

10. Pilot and observer will be trained on the UAS prior to commercial operations. 

11. Permission to operate on private property shall be obtained via written or oral 

communication. 

12. In the event that the UAS loses communication or GPS signal, the UAS will be capable 

of returning to the original take off spot. 

14 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1)

Subpart H, regarding Airworthiness Certificates, lays out the procedural requirements for the 

issuance of airworthiness certificates, per FAR Section 91.203 (a) (1). Because the size of the 
UAS and predetermined perimeters associated with each flight, an exemption from Part 21 

Subpart H meets the requirements for an equivalent level of safety discussed under Part 11 and 

Section 333 of the Reform Act. Both Part 11 and Section 333 of the Reform Act authorize the 

FAA to exempt aircrafts from the requirement to have an airworthiness certificate. They must 

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

populated areas near the UAS. This review is meant to show that the UAS operating without an 

airworthiness certificate will be just as safe, or safer, than a conventional aircraft that does have 

an airworthiness certificate without the requested exemption discussed herein.

The UAS that will be used is under the 55-poundlimit. With all equipment attached, it does not 

include a pilot, passenger, flammable materials, explosives, or fuels of any kind. It will be 

operated in a predetermined area. The operations will be controlled and monitored diligently by 

the Operator and visual observer and will also stay in compliance with all local public safety 

requirements. This will assist in maintaining the required level of safety. Any commercial project 

will include a preflight notification to the FAA. These steps taken to improve the safety of each 

operation will provide a higher level of safety to the public, as well as property owners utilizing

the services of UAS. Provided all of these safety enhancements, one could conclude there is no 

threat to national security from the UAS due to its size, speed, controlled environment, lack of

fuel or flammable material, and inability to carry substantial weight. 

14 C.F.R. Section 45.23 (b). Marking of the aircraft

The requirements for this regulation state:

When marks including only the Roman numeral “N” and the registration number are displayed 

on a 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.

The UAS that will be operated will have no entrance, cabin, cockpit, or pilot station. Therefore, 

one can infer that the designated labeling cannot be placed on something that does not exist. 

However, the main body of the UAS will have the word “limited” displayed on it. Not only will 

“limited” be present on the UAS, the other side will be labeled with “Aerial Sights” to further 

distinguish it and provide an easier way to identify it. 

These labels will be easily viewed by the Operator, observer and anyone working with the UAS. 

These precautions attempt to provide an equivalent level of safety as §45.29 (f) requires. The 

largest, most practicable size font will be used for both labels. 

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

The limitations stated in Section 61.113 (a) & (b) include a requirement that pilots only conduct 

non-commercial operations. No passengers or pilots will be carried in the UAS. With no life 

onboard, a sufficient level of safety can be achieved. The UAS is remotely operated, the flying 

environment is controlled, and all flights are preplanned and coordinated with the required 
institutions. The operations of UAS do not include risks nearly to the level of commercial 

operations involving life onboard. Allowing the UAS to operate as requested would exceed the 

present level of safety under 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7 (a): Civil Aircraft Airworthiness

The size of the UAS, the Standard Operating Procedures (SOP) used for maintaining the UAS, 

and a safety checklist that will be used prior to every flight will provide an equivalent level of 

safety without a civil airworthiness certificate. Because there will be no airworthiness certificate 

issued, there will be no regulatory standard by the FAA to determine airworthiness of UAS. The 

safety precautions that will be utilized with each flight shall provide a level of safety that will 

ensure the safety of the public, property owners, Operator, and observers. 

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

Section 91.9 (b) (2) states: 

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 placard, or any combination thereof. 

This UAS will not have any compartment or place to hold a flight manual of any kind. As there 

will be no person onboard, it would not make sense to have a flight manual onboard the UAS. 

A copy of the user manual will be present during all operations via smart phone or a hard copy. 

The easy access of the user manual for the Operator will allow for an equivalent level of safety to 

exist without needing a copy of a flight manual onboard the UAS. 

14 C.F.R. § 91.103: Preflight action

The requirements under §91.103 call for preflight actions by the PIC to ensure a safe flight. The 

PIC will conduct a thorough safety check prior to each flight including checking the weather 

conditions, clarifying the range and boundaries of each flight, reviewing battery life, as well, 

reviewing the flight data from previous flights. 

14 C.F.R. §91.109: Flight instruction

This section states that no one person may operate a civil aircraft (exception being a manned free 

balloon) for flight instruction unless it has the capability of utilizing dual controls. 

It is not uncommon for the FAA to approve exemptions for flight training without the capability 

of dual controls for flight instruction in experimental aircraft. Given the general nature of UAS, 

there is not a “dual control” option. The flight is capable because of communication between a 
remote control outside of the UAS that operates by means of radio communication with the UAS 

itself. 

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

This section gives an overview of the safe altitudes for operating a civil aircraft. This includes 

allowing helicopters to operate at less than the minimum levels assuming the person operating 

the helicopter follows all routes and altitudes provided by the FAA. The exemption request is to 

allow for operations below 400 feet or below 200 feet elevation above any manmade object. The 

UAS will not be operating outside of these guidelines unless the SOP state otherwise. 

Because of the size, weight, speed, predetermined range and controlled environment of each 

operation, if the exemption is granted, an equivalent level of safety will have been met. A flight 

will not occur if permission of the property owner has not been granted. The advance notice to 

all parties involved in each operation will ensure a safe flight for everyone involved. The low 

altitude that the UAS will maintain, because of the weight limit and lack of flammable material, 

ensures a risk far less than that of a conventional aircraft. The low altitude requirements for 

UAS combined with the flight requirements for conventional aircrafts will guarantee a safe flight 

for both aircrafts. 

14 C.F.R. §91.121 Altimeter Settings

The UAS will be utilizing a GPS capable of displaying the altitude via a remote control display. 

14. C.F.R. §91.121 requires an aircraft to use a barometric altimeter setting before departure. 

Because the UAS uses an equivalent means of altitude verification that can be checked before, 

during, and after flight, an equivalent level of safety will have been met if this exemption is 

granted. 

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

This section states a pilot cannot begin 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 life of the UAS averages 26 minutes while in flight. To assist in meeting the safety 

standards of 14 C.F.R. §91.151, the UAS will return to its takeoff location when it reaches 25% 

battery life. This is an automatic function for the UAS; it is a matter of hitting a button that 

initiates a “return home” feature. 

The applicant believes that an exemption from this requirement is justified by the built in safety 

function of the UAS. The operations will be taking place in a limited and controlled environment 

while the life of the battery is continuously monitored. The UAS does not provide the same types 

of risk that 14 C.F.R. intended to control. There will be no people on board this small UAS with 

limited speed, no explosive material, and, additionally, there will be sufficient notification to all 

parties involved in each operation. 
An equivalent level of safety can be achieved by limiting flights to 25% of battery power. This 

restriction will assure the UAS is capable of reaching its intended landing spot. 

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

Parts (a) and (b) require the following:

(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 cockpit entrance so that it is legible to passengers or crew. 

The UAS weighs less than 55 pounds and also has no ability to store a certificate or registration 

document inside or display on the outside. With that in mind, if an exemption is granted, an 

equivalent level of safety will be met as the documents will be on the ground and easily 

accessible to the PIC. 

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

To summarize these regulations, an aircraft owner or operator must have the aircraft inspected 

between required inspections and have discrepancies repaired, and must assure that inspections 

and maintenance continue on a regular basis to remain in compliance.

This section only applies to aircrafts with an airworthiness certificate. Because of that, they will 

not apply to the applicant as no airworthiness certificate will be granted. Sufficient maintenance 

will be completed by following the flight manual and operating checklist. If a mechanical issue 

were to arise, the UAS can land promptly as it will not exceed 400 feet in elevation. As provided 

in the SOP, the Operator will ensure that the UAS is in flying condition before each flight. Any 

required maintenance will be conducted preflight and a log will be kept to ensure a record of the 

repairs. An equivalent level of safety will be achieved because of the UAS size is so small and 

will carry a minimal weight while operating in restricted, controlled areas. 

Summary provided for publication in the Federal Register:

The applicant requests an exemption under Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 91.7(a); 91.119; 

91.121; 91.151 (a); 91.405(a); 91.407(a)(1); 91.409(a)(1)and(2); 91.417(a)&(b); 91.9 (b) (2); 14 

CFR 91.103(b); CFR 91.109; 14 CFR 91.203(a) & (b); 14 CFR 61.113 (a) & (b) to conduct 

commercial operations for the purpose of conducting aerial videography, cinematography, safety 

inspections, real-estate assistance, promotional videos, and surveying.
By approving this exemption, safety of the public and all parties involved will increase and risk 

of injury will decrease given the size of the UAS, restricted range, and essentially replacing 

conventional aircrafts that are much larger that carry lives and flammable material. The risks 

associated with a typical helicopter, jet, or piston aircraft are much higher than those associated 

with a UAS under 55 pounds. 

The strict guidelines for operating this small UAS will provide an equivalent level of safety 

which supports the grant of Part 21 and approves conducting commercial operations. The weight, 

speed and low altitude of the UAS will ensure a safer operation than a conventional aircraft 

conducting similar operations. 

Public Acknowledgement

No flights will take place on private property without the approval of the property owner. 

Because of the criteria set within Section 333 of the Reform Act of 2012, weight, size, speed, 

operating abilities, distance to populated areas and airports, and line of sight practices, the grant 

of this exemption is more than justified. With this exemption, the Operator will safely 

incorporate UAS into the commercial operations described herein. 

 Sincerely, 

 James T. Gamez