American Aerial, lie 

November 30, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Instrument Prepared by: 

David A McNamara 

203a Woodmont Circle 

Nashville, TN 37205 

Dmcnamara@AmericanAerial. us 

919-770-0888 

RE: Petition of American Aerial, LLC for Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulation. 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. 

Part 11, American Aerial, LLC (Operator) seeks an exemption from Federal Aviation Regulations (FAR's) to 

allow commercial operations oftheir UASs (Unmanned Aerial Systems) for the purpose of conducting aerial 

photography and videography for marketing material production, real estate sales, commercial businesses 

promotions, inspection of building structures (residential/commercial), special events, storm damage, and 

search and rescue support. 

This requested exemption follows the language of exemptions Pursuant to Section 333 that have previously 

been approved by the FAA. 

Regulations from which this exemption is requesting: 

14 CFR Part 21 Subpart H 

14 CFR 45.23 (b) 

14 CFR 61.3 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.251 (b)(3) 

14 CFR 91.401-91.417 

II Page 
• 

American Aerial, lie 

Regarding the Unmanned Aircraft System 

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

(COA) to use the below described UAS, so long as operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. It is the Operator's mission to 

provide the safest and most efficient means of Civil Commercial implementation in the National Airspace 

System (NAS). 

Systems used by American Aerial, LLC: 

1. DJI Quadcopter System (Phantom 3-Advanced) 

a. Reference: DJI Phantom 3-Advanced User's Manual v1.6 

b. Reference: DJI Phantom 3-Advanced Safety Guidelines 

c. Reference: DJI Phantom 3-Advanced User's Manual 

[FCC Compliance-Appendix Pg. 57] 

Regarding the Unmanned Aircraft Pilot in Charge (PIC) 

1. Operator proposes to operate its UASs with a pilot holding a private pilot certificate, at a minimum. 

The UAS PIG-will be trained in advance for the safe operation of the UAS to be operated. This training 

will include operation of the UAS, in normal and emergency flying modes of operations, and will 

include familiarization with all applicable manufactures manual publications. PIC training will also 

include multiple maneuvers to be performed and the safe operation in relation to persons, property, and 

mrs pace. 

PIC will be required to accumulate a minimum of 100 flight cycles and 25 hours of total recorded flight 

time as a UAS pilot and at least 10 hours logged as a UAS's pilot with a similar UAS type. 

All operations must utilize Visual Observers (VO's). VOs who are not pilots will be required to attend 

ground training, hosted by PIC, in order to fully understand UAS flight operations, communication 

protocols, visual identification and scan techniques as well as any necessary sections of the Aeronautical 

Information Manual. 

2. The PIC will be required to hold an airman medical certification and/or valid Driver's license for all flight 

operations. 

Regarding the Operation of the Unmanned Aircraft 

1. Operator proposes to operate its UASs in the following capacities: 

a. Aerial photography, videography, and survey data collection for public and private use. 

b. Aerial photography of real estate (residential and commercial) for the purpose of producing 

marketing and promotional materials 

c. Aerial inspection/photography of residential, commercial, and temporary structures. These 

inspections will be conducted on specific contract and permission from property owners and 

government authorities. 

d. Aerial inspection/photography of natural disaster damage. 

e. Aerial videography and enhanced visual support for search and rescue efforts. 

2 1Page 
American Aerial, lie 

2. Operator proposes to operate its UASs in the following environmental conditions: 

a. Flights are restricted with wind speeds exceed 1 Ornls, snow, rain, and/or fog. 

b. Flights are restricted to a maximum altitude of 400 feet above ground level (AGL) 

c. Flights are restricted to operations less than 500 feet below or less than 2000 feet horizontally from a 

cloud. 

d. Flights are restricted within a 5 nautical mile radius of an airport as denoted on a current FAApublished aeronautical chart, unless a letter of agreement with the airport's management is obtained, 

and the operation is conducted in accordance with a Notice to Airmen (NOT AM), as required by the 

operator's Certificate of Authorization (COA). 

e. Flights are restricted when visibility is less than 3 statute miles from PIC. 

f. Air speed of aircraft is not to exceed 87 knots (1 00 mph) or in excess of manufacturer's limits. 

g. Flights are restricted to visual line of sight (VLOS) of the PIC and VO at all times. 

h. PIC and VO must be able to communicate verbally throughout the duration of all operations. 

1. Texting and electronic messaging is prohibited during any/all operations. 

J. All flights must be conducted under visual meteorological conditions (VMC) 

k. Flights under special visual flight rules (SVFR) are not authorized. 

1. Flights will terminate with a minimum of 20% battery power reserved. 

m. A briefing-will be performed regarding the planned UAS operations prior to each day's flight 

consisting of all the days' production activities. 

n. Flights are restricted during night time, in accordance to 14 C .F .R. § 1.1. 

3. As described fully above, the requested exemption would permit the operation ofthe UAS under controlled 

conditions in the NAS that would be limited, controlled, predetermined, and will provide safety 

enhancements to the already safe operations in the industry presently using conventional aircraft. The 

approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the 

FAA Administrator's) responsibilities to " ... establish requirements for the safe operations of such aircraft 

systems in the national airspace system" 

Given the smaller size of the UAS and the controlled environment provided; the proposed operations will 

adhere to the Reform Act's safety requirements. The approval of this application presented no national 

security issues. Regarding the level of safety surrounding the proposed operations, the public benefit, and 

the reduction in environmental impacts, including but not limited to emissions and noise, the grant of the 

requested exemption is in the public interest. 

4. Operator's contact information: 

David A. McNamara 

203a Woodmont Circle 

Nashville, TN 3 7205 

5. Operator will obtain any required COA's, if applicable, once the exemption has been granted. 

6. Reference: DJI Phantom 3-Advanced User's Manual (EN) v1.6 

3I Page 
American Aerial, lie 

Exemption Requests and Equivalent Level of Safety 

14 CFR Part 21, Subpart H: Ainvorthiness Certificates 14 CFR § 91.203 (a)(1) 

Based on the limited size, weight, operating conditions, design safety features, and the imposed conditions 

and limitations, Operator has demonstrated that its operations would not adversely affect safety compared to 

similar operations conducted with aircraft that have been issued an airworthiness certificate under 14 CFR 

Part 21, Subpart H. 

Therefore, as the FAA found for Astraeus Aerial, Exemption 11 062 the requested relief form 14 CFR Part 

21, and any associated noise certification and testing requirements of part 36, is not necessary. 

14 CFR § 45.23 (b) - Display of Marks 

Since Operator's UAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be 

placed, two inch lettering will be impossible. Official marking systems for small UAS have not been 

established for operations inside the NAS. 

Operator is prepared to mark the UAS with the name of the organization and location or origin and fulfill 

any other request by the FAA to this topic in accordance with 14 CFR § 45.23 (f) where the pilot, observer, 

and others working with the sUAS will see the identification ofthe sUAS. The FAA has issued the 

following exemptions to this regulation, see Exemptions: 8738, 10167, 10167a, and 10700. 

14 CFR § 61.113 (a) and (b) - Private pilot privileges and limitations 

This regulation provides: 

(a) This regulation provides that no person who holds a private pilot certificate may act as a Pilot in 

Command of an aircraft for compensation or hire. 

(b) This allows a private pilot to act as pilot in command of an aircraft in connection with any business or 

employment if: (1) the flight is only incidental to that business of employment; and (2) The aircraft does not 

carry passengers or property for compensation or hire. 

All the requirements of a private pilot certificate will prepare the UAS operator for the environment within 

which they will be operating. 

Please reference exemption 11062 to Astraeus Aerial, where the FAA determined that the PIC with a private 

pilot certificate operating a UAS would not adversely affect operation in the NAS or present a hazard to 

persons or property on the ground. 

14 CFR § 91.7 (a) and (b)- Civil aircraft ainvorthiness 

This regulation provides: 

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

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in 

condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, 

electrical, or structural conditions occur. While the operator's UAS will not require an airworthiness 

certificate, operator is required to ensure that its aircraft is in airworthy condition- based on compliance 

with the operating documentation prior to every flight. As previously determined with Astraeus Aerial, 

Exemption 11062, relevant materials may be kept in a location accessible to the PIC in compliance with the 

regulation. 

41 Page 
American Aerial, lie 

14 CFR § 91.9 (b) (2)- Civil Aircraft Flight Manual, marking, and placard requirements 

14 CFR § 91.203 (a) and (b)- Civil Aircraft: Certifications required 

As previously determined with Astraeus Aerial, Exemption 11062, relief from these sections are not 

necessary. Relevant materials may be kept in a location accessible to the PIC in compliance with the 

regulations. 

14 CFR § 91.103- Preflight Inspection 

This regulation requires each pilot in command to take certain actions before flight to ensure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will 

be needed. 

The PIC is review weather, flight battery requirements, and preform a safety check of the area of intended 

flight to ensure the flight can be conducted safely. 

14 CFR § 91.109- Flight instruction: Simulated instrument flight and certain flight tests. 

This regulation provides that "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functional dual controls." The controls for the UAS do not currently have a set 

of fully functional dual controls. If a UAS's pilot is being trained, the instructor would be directly 

supervising and observing the training and could immediate take control of the aircraft whenever necessary. 

We feel that this closely supervised training protocol, conducted by qualified personnel, while operating in 

accordance to 14 CFR § 91 .119, satisfies the intention of 14 CFR § 91.109. 

14 CFR § 91.119- Minimum Safe Altitudes 

This regulation provide that over sparely populated areas, the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the typical mission of this UAS would be 

photography or survey of persons, vessels, vehicles, and structures it would be necessary to operate the UAS 

closer than 500 feet from this items. Operations will only be flown over property or persons where 

permission has been obtained, and careful preplanning had been performed. The UAS will also be operating 

at very low airspeeds and with very low mass and will not require much airspace for safe operation, as 

outlined in 14 CFR § 91.119. 

For additional safety, the Operator can place physical barriers and structures, barring visual indicators 

(Warning Signs) to clearly identify the operational area of the AUS. Will feel these additional precaution 

will increase the safety for any nonparticipating personnel. 

We believe that the UAS's physical, performance, and operating characteristics, as well as careful 

preplanning and environmental safeguarding will provide an equal level of safety. 

14 CFR § 91.121 - Altimeter Settings 

This regulation provides that all aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 nautical miles of the aircraft. The UAS will normally be flying close to the ground, 

and in line of sight ofthe PIC and/or VO. All operations are restricted to VLOS ofthe aircraft. 

The UAS controller does display the altimeter reading to the PIC at all times. This Altimeter reading is 

generator by the UAS's onboard GPS. 

This will provide an equivalent level of safe operating distance from other aircraft, structures, and terrain. 

5j Page 
American Aerial, lie 

14 CFR § 91.151- Fuel requirements for flight in VFR conditions 

This regulation provides that on pilot is to begin the flight of an aircraft under dayVFR conditions unless the 

aircraft is carrying enough fuel to fly to the first point of intending landing and to fly for an additional 30 

minutes afterwards. 

We feel the intention of this regulation is to ensure that all aircraft carry enough reserve fuel to safely land 

in the event the planned landing is delayed. The UAS will be operated in close proximity to the ground and 

does not require the large amount oflanding area needed for traditional fixed winged aircraft. The UAS has 

built-in Battery Life (Fuel) reserve safeguards that ensure the aircraft will safely land with a minimum of a 

20% charge. The UAS battery charge level is displayed to the PIC on the controller. The UAS's controller 

provide a visual and audible "low charge" warning to the PIC. 

We feel that these safeguards provide an equivalent level of safety in regards to fuel/energy reserves. 

14 CFR § 91.251 (b) (3)- ATC transponder and altitude reporting equipment and use 

This regulation provides provisions for aircraft not originally certified with an engine-driven electrical 

system or which has not subsequently been certified with such a system installed. For the UAS not 

equipped with a transponder, sub-paragraph (b) (3) authorizes requests for ATC authorized deviations made 

to the ATC facility with authority over the AUS's operational airspace and operational time periods. For 

operation of an aircraft not equipped with a transponder, request are to be submitted to the appropriate A TC 

no less than 1 hour before proposed UAS operations. 

14 CFR § 91.401- 91.417- Maintenance, preventive maintenance, and alterations 

This regulation provides that the Operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Part 39 and 43. Operator believes that adherence to their 

documents containing pre-flight and post-flight checks for the UAS is sufficient to ensure that safety is not 

adversely affected. 

In conclusion, we feel that granting this exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reduction of risk by alleviating human exposure to danger, 

(2) improving aerial data collection service operations and reducing operating costs, and (3) providing an 

environmentally conscientious way of producing data by aerial means 

Thank you for your consideration. 

President, American Aerial, LLC 

203a Woodmont Circle 

Nashville, TN 37205 

Dmcnamara@AmericanAerial. us 

61 Page