April 21, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, D.C. 20590

Docket Number:

Re: Exemption Request; Section 333 of the FAA Modernization & 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:

Scott Carlson dba Aerial Imaging Systems. "Aerial Imaging Systems" hereby petitions the 

Secretary of Transportation and Federal Aviation Administration ("FAA") for exemption to 

the above referenced and below more fully described Federal Aviation Regulations, ("FARs") that 

currently may or may not apply to the recreational/business operations of model aircraft including small 

unmanned aerial vehicles/systems ("SUAVs").

1. Prefatory Statement to Petition

In June, 1981, the FAA published an advisory circular, AC 91-57, (an advisory publication giving 

non-regulatory information/guidance. Advisory circulars do not create or change regulations and are not 

binding on the public.) AC 91-57 was entitled "Model Aircraft Operating Standards" and gave 

non-regulatory suggestions to model aircraft operators on suggested procedures for operatating their 

models. This was the sole publication by the FAA which addressed model aircraft and SUAVs for the next 

nearly 25 years.

In September 2005, the FAA appeared to turn its attention toward unprecedented attempts at 

regulating model aircraft specifically the more modern SUAVs. The FAA, for the first time in history now 

termed these devises as Unmanned Aerial Systems ("UAS") seemingly to align with their attempts at 

enforcement. The FAA published "AFS-400 UAS POLICY 05-01 - Unmanned Aircraft Systems operations in 

the U.S. National Airspace System - Interim Operational Approval Guidance." This interim internal FAA 

memo expressly confirms that "[t]his policy is not meant as a substitute for any regulatory process. " 

Still, it purported to "require" a Certificate of Authorization ("COA") or Waiver to use SUAVs. The new 

FAA policy relied on legal/regulatory "authority" on the non-regulatory, AC 91-57.

In February, 2007 the FAA, published a 2007 "policy statement" in the Federal Register. The 

2007 Policy Statement starts by defining " unmanned aircraft" as "a device that is used, or intended to 

be used, for flight in the air with no onboard pilot" and it purported to include "a remotely controlled 

model airplane used for recreational purposes." The FAA termed these devices UAS and then purported 
to articulate the new FAA "policy" for "UAS" operations was that "no person may operate a "UAS" in the 

National Airspace System without specific authority." For the first time ever, the 2007 Notice purported 

to articulate two new alleged "rules": (1) Model aircraft can no longer be operated for a "business" 

purpose; and (2) a Model aircraft operated for a business purpose requires a COA, or special Certificate 

of Operating Authority and therefore is subject to the FARs.

Thereafter, beginning in 2007, and continuing to present, apparently based on there two new 

FAA internal "policies" and without citing to any actual federal law, or FARs, the FAA then sent various 

cease and desist notices to model aircraft SUAV operators describing the COA process and threatening 

to impose a $10,000 fine if they did not comply with the new FAA policies which the FAA indicated 

created a "ban" on using SUAVs for any "business purpose."

In 2012, following the FAA's attempts to regulate using internal policy memos, Congress 

enacted the Federal Aviation Administration Reform and Modernization Act, ["FRMA"]. The FRMA 

allows the Secretary of Transportation to "exempt" SUAVs from existing Federal Law, FARs to the extent 

any federal law or FAR actually currently applies to SUAVs.

As the Secretary/FAA are no doubt aware, these issues are presently pending before the NTSB's 

full panel of judges in Pirker v. FAA, Docket no. CP-217. Pending the NTSB president setting decision in 

the Pirker case, Petitioner respectfully makes this request as suggested by the FMRA and the FAA. See

http://www.faa.gov/news/press_releases/news_story.cfm?newsld=16294. In the only other case in 

history where the FAA's attempts to regulate Model Aircraft/UAV has been tested, in Texas Equuisearch 

v. Federal Aviation Administration, the U.S. Court of Appeals for the District of Columbia Circuit, Case 

No. 14-1061, the Court ruled that FAA informal email/mail orders attempting to enforce it Model 

Aircraft/UAVs internal policies ar not legally binding.

Aerial Imaging Systems at all times has and operates their SUAVs following the safety guidelines 

of AC 91-57.

2. Petition for Exemption

With the above preface, pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 ("FMRA") and 14 C.F.R. Part 11, Aerial Imaging Systems, developer and operator of Small 

Unmanned Aerial Vehicles ("SUAV") equipped to conduct aerial photography/Inspection/ included but 

not limited to the following; Business Operations: over land, water-ways, and oceans; operation over/in 

non-restricted National Parks, National Forests, flight in non-navigable arespace, using non-intrusive 

recording devices, operation in otherwise unrestricted U.S. States/Territories hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of it's 

SUAVs, so long as such operation are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of SUAVs 

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

accesss. The exemption would also provide safety enhancements to the already safe operation within 

the aerial photography, film and television industry presently using conventional aircraft and small, 

unmanned and relatively inexpensive SUAVs.

Approval of this exemption would hereby enhance safety and fullfill the Secretary of 
Transportation's (the FAA Administrator's) responsibilities to "... establish requirements for the safe 

opoeration of such aircraft systems in the National Airspace System." Section 333(c) of the FMRA.

3. Name and Address of the Petitioner

Scott Carlson dba "Aerial Imaging Sytems."

Phone: 815-282-3210

Email: scottecarlson459@gmail.com

Address: 1947 Homewood Dr. Rockford, Ill. 61108

4. Regulations Petitioner Petitions for Exemptionm, If Such Regulations Apply to SUAVs

14 C.F.R. Part 21 14 C.F.R. 91.109 (a) 14 C.F.R. 405 (a)

14 C.F.R. 45.23 (b) 14 C.F.R. 91.11914 C.F.R. 407 (a) (1)

14 C.F.R. 61.113 (a)&(b) 14 C.F.R. 91.12114 C.F.R. 409 (a) (2)

14 C.F.R. 91.7 (a) 14 C.F.R. 91.151 (a) 14 C.F.R. 417 (a) & (b)

14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.203 (a)&(b)

14 C.R.R. 91.103

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 FMRA. In making this determination, 

the Secretary is required to determine which types of SUAVs/UASs do not create a hazard to user of the 

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

A. The SUAVs size, weight, speed, and operational capability;

B. Operation of the SUAVs in close proximity to airports and populated areas;

C. Operation of the SUAVs within visual line of sight of the operator. FMRA 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. Section 333(c) (emphasis added). The Petitioner interprets this provision 

to place the duty on the Secretary/FAA Administrator to not only process applications for exemptions 

under section 333, but for the Secretary/Administrator to affirmatively craft conditions for the safe 

operation of the SUAVs, if it should be determined that the conditions set forth herein do not fulfill the 

statutory requirements for approval.

The Federal Aviation Act expressly grants the Secretary/FAA Administrator 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, which currently may or hereafter may include SUAVs, from the 

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

The Secretary/FAA 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 

Secretary/FAA Adminstrator finds the exemption in the public interest. 49 U.S.C. 44701 (f). See also 49 

USC 44711(a); 49 USC 44704; 14 C.F.R. 91.203 (a)(1).

Aerial Imaging Systems SUAVs are multi-rotorcraft DJI Phantom 2 Vision aircraft with digital 
gyrascope stabilization and GPS, Phantom 2 vision weight is 1160g, weighting 55 lbs or less. Max flight 

speed is 15 m/s, accent 6 m/s, decent 2 m/s. The phantom 2 vision has the capability to hover and move 

in the vertical and horizontal plane independently/simultaneously. They will operate in line of sight and 

will operate only within the areas described herein. Such operations will insure that the SUAVs will "not 

create a hazard to users of the NAS or the "public" as described in the FMRA 333(b).

Given the small size of the SUAVs involved, and the limited environment within which they will 

operate, the Petitioner 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 SUAVs to 

commence immediately. Also, due to the size of the SUAVs and the restricted areas in which the 

relevant SUAVs will operate, approval of the application presents no National Security Issue. Given the 

clear direction in FMRA 333, 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 enhance safety, reduction in enviromnental impacts (including reduced emissions associated 

with allowing SUAVs for filming operations rather than full-sized aircraft, the grant of the requested 

exemptions is in the public interest. Accordingly, the Petitioner respectfully request that the FAA grant 

the requested exemption without delay.

5. Limitations and Conditions

The Petitioner proposes that the exemption requested herein be issued pursuant the limitations 

and conditions listed herein. These conditions/limitations provide for an even higher level of safety to 

operations under the current regulatory structure which apply to actual certificated aircraft because the 

proposed operations represent a safety enhancement to the already very safe SUAVs filming operations 

conducted by recreational SUAVs and conventional aircraft.

These limitations and conditions to which Aerial Imaging Systems agrees to be bound when 

conducting business/commercial operations under this FAA issued exemption include:

A. The SUAVs maximum take-off weight ("MTOW") will be less than 55 lbs. usually less than 25 

lbs.

B. Flights will be operated within visual line of sight ("VLOS") of the operator and/or observer. 

Maximum total flight time for each operational flight will be 60 minutes or less. Flights will be 

terminated and not less than 10% battery power reserve, which should that occur prior to the 60 minute 

limit.

C. The operator may designate and supervise another experienced SUAV operator to operate 

the SUAVs subject to the supervision and direction of the operator.

D. Flights will be operated at an altitude of no more than 500 feet above ground level ("AGL") 

underneath navigable airspace. Minimum crew for each business operation will consist of the SUAVs 

operator, the visual observer/camera operator, if required for the operation. Flights will not be operated 

in Class A, B, C, and D airspace but may be operated in Class E and G airspace, provided the SUAVs 

operator/observer maintains visual line of sight with the SUAVs and safe separation form actual 

certificated aircraft in the airspace.

E. Briefing will be conducted in regard to the planned SUAVs operations proir to each day's 

production activities. It will be mandatory that all personnel who will be either operator or visual 

observer/camera operator be present for this briefing. The operator will review weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight. The 

SUAVs and batteries to be used will be safety inspected prior to flight using appropriate checklists.
F. The operator will attempt to obtain the consent of all persons involved in the filming and 

ensure that only consenting persons will be allowed within 25 feet of the flight operations.

G. Operator and observer/camera operator will have been trained in operation of SUAVs 

generally and received up-to-date information on the particular SUAVs to be operated.

H. Operator and observer/camera operator shall at all times during flight operation be in direct 

voice/radio communication.

I. Written and/or oral permission from the relevant property holder may be obtained. All 

required permissions and permits may be obtained from territorial, state, county or city jurisdictions, 

including local law enforcement, fire, or other appropriate governmental agencies. If the SUAVs loses 

communications or loses its GPS signal, the SUAV will have capability to return to home/pre-determined 

location within the security perimeter and land.

J. The SUAVs will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. The operator shall carry/use appropriate LIPO battery protective bags and fire 

extinguishing equipment.

K. Should any low flying/distressed manned aircraft enter the airspace they are to be given the 

"right-a-way" and all SUAVs are to abort there missions and land immediatly.

6. Description of Regulations Which May Apply From Which Petitioner Requests Exception 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 SUAVs to be utilzed by the petitioner, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

FMRA. The Federal Aviation Act (49 U.S.C. 44701 (f)) and Section 333 of the FMRA both authorize the 

FAA to exempt aircraft from the requirement for an airworthness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas of the 

particular SUAVs. 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 

airworthness certificate without the restrictions and conditiions proposed.

The SUAVs to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned 

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

operates exclusively within a limited flight area. Unlike other civil aircraft, operations under this 

exemptiion will be tighly controlled and monitored by the operator and will also remain within the 

requirements of, and in compliance with, local public safety requirements. These safety enhancements, 

which already apply to civil aircraft 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, applications 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.

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

The requlatioin require, When marks include only the Roman capital letter "N" and the 

regristration number is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisioinally certificated aircraft, the operator must also display on the aircraft or experimental or 
provisionally certificated aircraft, the operator must also display on the 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 SUAVs will have no airworthiness certificate, an exemption may be needed as 

the SUAVs will have no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" 

can be placed. Given the size of the SUAVs, 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 SUAVs marked on its fuselage as required by 45.29 (f) where the pilot, 

observer and others working with the SUAVs will see the identification of the SUAVs as "Experimental". 

The FAA has issued the following exemptions to this regulations to exemptions Nos. 10700, 8738, 10167, 

10167 A.

14 C.F.R. 61.113 (a) & (b): Private Pilot Privilages and Limitations: Operator.

Sections 61.113 (a) & (b) limit private pilot to non-commercial operations. Because the SUAVs is 

unmanned and will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety of current operations by requiring the operator operating the aircraft to have a FAA 

ground school course rather than a commercial pilot's license to operate the SUAVs. Unlike a 

conventional aircraft that carries the pilot and passengers, the SUAVs is remotely controllled with no 

living things on board. The area of operation is controlled and restriced, and all flights are planned and 

coordinated in advance. The level of safety provided by the requirements included herein exceed the 

provided by a single individual holding a commercial pilots certificate operating a conventional aircraft. 

The risks associated with the operation of the SUAVs are so diminished from the level of risk associated 

with commercial operations conteplated by Part 61 when drafted, that allowing operations of the SUAVs 

as requested with a private pilot as the operator exceeds the present level of safety achieved by 14 

C.F.R. 61.113 (a) & (b).

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 herein for the use of safety check lists prior to each flight, 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 SUAVs, given is size and configuration has no ability or place to carry such a filght 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 SUAVs operation manual an 

appropriate checklists at the ground control point where the pilot flying the SUAVs will have immediate 

access to it. The FAA has issued the following exemptions to the regulation: Exemption nos 8607, 8737, 

8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Pre-Flight 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 hereinabove. The 

operator will take all actions including reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight using appropriate checklists.

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.

SUAVs and remotely piloted aircraft, by their design do not have full functional dual controls. 

Flight control is accomplished through the use of a radio transmitter that communicates with the 

aircraft via a receiver in the SUAVs. The FAA has approved exemptions for flight traning without fully 

functional dual controls for a number of aircraft and for flight instructions 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.

Sectioin 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 helicoptors by the FAA. This exemption is 

for a SUAVs and the exemption requests authority to operate at altitudes up to 500 AGl. underneath 

navigable airspace and in class E and G airspace maintaining safe separation from actual aircraft, an 

exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, speed of the SUAV 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, attempts will be made to contact all affected individuals regarding the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55 lbs. proposed herein, and the lack of flammable fuel, any risk associated with these 

operatin is far less than those presently presented with conventional aircraft. In addition, the 

low-altitude operations of the SUAVs will ensure separation between these SUAVs operations and the 

operations of conventional aircraft that must comply with Section 91.119.

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 SUAVs 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 Reqirements 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 SUAVs provides approximately between 0 - 60 minutes of powered 

flight. To meet the 30 minute reserve requirement in 14 C.F.R. 91.151, SUAVs flights would be limited to 

approximately 10 minutes in length. Given the limitations on the SUAVs proposed flight area and the 

location of its proposed operations within a predetermined area, a longer fime frame for flight in 

daylight or night VFR conditions is reasonable.

Petitioner believes that an exemption form 14 C.F.R. 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 SUAVs in controlled area where only people and 

property owners or official representatives who have signed waivers will be allowed, with less than 30 

minutes of flight operation time, does not give rise to the type of risks that Section 91.151 (a) was 

intended to alleviate particularly given the size and speed of the SUAVs. Additionally, limiting SUAVs 

flights to 20 minutes would greatly reduce the utility for which the exemption will be granted.

Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 60 

minutes or no less than 10% of battery power, whichever happens first. This restriction would be more 

than adequate to return the SUAVs to its planned landing zone from anywhere within its limited 

operating area. Similar exemptions have been granted to other operations, including exemptions 2689F, 

5745, 10673, and 10808.

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 is has within it the 

following:

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

(2) 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 SUAVs fully loaded weight no more than 55 lbs. and typically less than 20 lbs. and is 

operated without on onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the SUAVs.

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

point where the operator/pilot flying the SUAVs will have immediate access to them to the extent they 
are applicable to the SUAVs. The FAA has issued mumerous exemptions to this regulation. A 

representative sample of other exceptions includes exemption Nos. 9565, 9665, 9789, 9789A, 9797, 

9797A, 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, and 

the requirements of pre-flight inpections required herein, these sections will not apply to the applicant. 

Routine and pre-flight maintenace will be accomplished by the operator. An equivalent level of safety 

will be achieved because these SUAVs are very limited in size and will carry a very small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues arise the SUAVs can land 

immediately and given its small size poses very little risk to persons or property. the operator will ensure 

that the SUAVs is in working order prior to initiating flight, perform required maintenance, and keep a 

log of any maintenance performed. Moreover the aircraft is an airworthy condition to provide the 

equivalent level of safety.

7. Publication Summary.

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

Register, should it be determined that publication is needed:

Petitioner seek an exemption from the following rules;

14 C.F.R. Part 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); 

91.103 (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) 

and 91.417 (a) & (b) to operate commercially a SUAVs vechicle (55 lbs. or less) for Aerial Photography 

Operations.

Approval of exemptions allowing commercial operations of SUAVs for aerial photography/ 

inspection for the following; Business Operations: over land, water-ways, and oceans; operation over/in 

non-restriced National Parks, National Forests, flight in non-navigable airspace, using non-intrusive 

recording devices, operation in otherwise unrestricted US States/Territories will enhance safety by 

reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremly 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 4,000 lbs., carrying 

large amounts of jet A or other fuel. In addition such actual certificated aircraft must fly to and from the 

film location. In contrast, a SUAVs weighing fewer than 55 lbs. and powered by batteries rather than 

fuel, eliminates virtually all of that risk. The SUAVs is driven/carried to the film site, not flown. The 

SUAVs will carry no passengers or crew and, therefore, will not expose any crew to the risks associated 

with manned aircraft flights. The operation of SUAVs weighing less than 55 lbs., conducted in the strict 

conditions outlined above, will provide at least an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the petitioner from the requirements of Part 21 and 

allowing commercial operations. these lightweight aircraft operate at slow speeds, close to the ground 

and in a line of sight, relatively sterile environment and are, as a result, far safer than conventional 
operations conducted with actual aircraft/helicopters operating in close proximity to the ground and 

people.

8. Privacy

All business/commercial flights which occur over private or controlled access property will be 

with the property owner's prior consent and knowledge, property owner's will be given appropiate time 

to remove or move any and all objects that they deem valuable and do not wish to be photographed. 

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. Petitioner will not infringe on any individual or landowner privacy 

rights. Aerial Imaging Sytems does not engage in surveillance and will not be engage in law enforcement 

activities until leagley binding with a judicial warrant.

Limited nighttime operation may be conducted. Nighttime as defined FAR's in Section is as 

follows 1.1. "Night means the time between the end of evening civil twilight and the begining of 

morning civil twilight, as published in the American Air Almanac, converted to local time." Night 

operation may be conducted by the SUAVs following the guidelines above and provided such operations 

have sufficient lighting so that petitoner/operator maintains visual line of sight ("VLOS"). Allowing SUAVs 

this exemption will provide a far safer nighttime filming alternative to the full size aircraft operations.

9. Conclusion.

The FAA's purported "ban" on business/commercial Model Aircraft/SUAVs operation has 

actually had the current effect of causing American skies to be less safe. There are many actual 

certificated pilots who are exceptionally qualified to fly model aircraft/SUAVs with their model 

aircraft/SUAVs experience, private, commercial or ATP pilot training, licenses and instructor ratings. 

However, these experienced operators and licensed pilots familiar with the FAR's, airspace and safe 

operating procedures are currently reluctant to commercially operate model aircraft/SUAVs or be 

involved for fear of the FAA seeking an enforcement actions against them or the actual pilot's licenses.

Presently, during the pendency of these issues in the Pirker case, it defies safety or regulatory 

logic that according to the FAA'a current alleged "ban" on business operations of SUAVs, your average 

enthusiastic 12 year old, who's well meaning Father bought him a SUAVs equipped with a camera, can 

operate his SUAV wherever he wants and take whatever recreatinal video/pictures subject only to the 

suggestions of FAA AC 91-57 and yet an FAA certificated private/commercial/ATF pilot cannot be paid to 

use far higher quality and equipped SUAVs to take an aerial photo, search for missing person or aerially 

inspect a farmer's field, despite the significant improvement in safety over non-pilots operating SUAVs 

recreationally and real aircraft used for aerial photography.

Satisfaction the criteria provided in Section 333 of the FMRA of 2012, and requiring the SUAVs 

operator to have or obtain medical a certificate and an actual pilot's license and considering the small 

size, weight, speed, operating capablilties, limited operations in proximity to airports and populated 

areas and operation within visual line of sight ("VLOS") and national security - all of which provide more 

than adequate justification for the grant of the requested exemption allowing business/commercial 

operation of applicants SUAVs for aerial photography/inspection as requested herein.

Aerial Imaging Systems will provide any an all flight logs and maintenance records per the 

request of the Secretary/FAA administrator for an expidited processing of above exemption request. If 
further assistance is needed in processing this request, or you have any other questions or concerns, 

please do not hesitate to contact me via email or in writing.

Scott Carlson of Aerial Imaging Sytems

cc: James Williams, FAA

Les Dorr, FAA, Allison Duquette, FAA