Aerial Engineering Services, LLC
214 East John Hand Rd Cedartown, GA 30125

770

- 749

- 1808

aes ervices llc@charter.net

July 6 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Submitted Via www.regulations.gov

Re: Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR § 61.3; 14 CFR § 61.113(a) & (b); 14 CFR § 61.133 ; 14 CFR § 91.7(a); 14 CFR § 91.9(b); 14 CFR § 91.119(c); 14 CFR § 91.121; 14 CFR § 91.151(a); 14 CFR § Part 21; Subpart H; 14 CFR § 91.203; 14 CFR § 91.405(a); 14 CFR § 91.407(a)(1); 14 CFR § 91.409(a)(1) & (a)(2); 14 CFR § 91.417(a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and
Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Aerial Engineering Services, LLC hereby requests a grant of exemption from the Federal Aviation Regulations (FARs) noted
herein. Aerial Engineering Services , LLC is seeking a grant of exemption to operat e small Unmanned Aircraft Systems ( sUAS ) with in the N ational A irspace S ystem (NAS) for commercial operations.

As directed by Congress through the enactment of Section 333(a)

- (c) of the Reform Act, the Secretary of Transportation shall determine whether certain unmanned aircraft systems (UAS) may operate safely in the NAS before completion of the plan and rule

- making required by

S ection 332

. This petition will show that , due to their size, weight, speed

, and operational capability

, the sUAS operated by Aerial Engineering Services, LLC will not create a hazard to users of the NAS, the public, or national security.

I n addition to consider ing size, weight, speed,

.. .. --- it is important to note that per Section 333(b) of the Reform Act , "ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.

- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (2) whether

a certificate of waiver, certificate of authorization, or airworthiness certification under section

4470 4 of title 49 U.S.C. , United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1)." Aerial Engineering S ervices, LLC respectfully submitsAerial Engineering Services, LL C Petition for Exemption

that the phrase " at a minimum " used by Congress in Section 333(b) carries the same meaning

as the phrase " at least ", which by definition means " lowest in consideration, position, or importance ". Therefore, Section 44704 of title 49 U.S.C. was intended to be a starting point, for the Secretary, when considering requested exemptions from regulations prior to the
establishment of a sUAS Rule. B eing such , the Secretary has the implied authority to also consider granting relief from other Title 49 sections as necessary, including Section 44711 - Prohibitions and Exemption , to accomplish the Congressional goal of safely accelerat ing the integration of civil UAS into the NAS.

N ew technologies have both risks and benefits. Aerial Engineering Services, LLC fully understands the risks, the importance of safety, and the need to have skilled & experienced

PIC s operating its s UAS. Therefore, t he PIC of flight operations for Aerial Engineering Services,

LLC will be required to document at least 20 hours of comprehensive sUAS flight training , as specified in the attached petition, prior to piloting Civil sUAS missions

.

T he s UAS employed by Aerial Engineering Services, LLC in its operations are manufactured by

one of the most reputable manufacturers in the industry, 3D Robotics, and are of the highest quality, safest, and most professional grade sUAS available. In addition to the investment in quality equipment , Aerial Engineering Services, LLC has also invested its time, energy, and resources to ensure the safest sUAS operating environment possible.

Ae rial Engineering Services, LLC will employ s UAS to capture high resolution data for use in the Agriculture, E ngineering, C onstruction, R eal E state, and B uilding I nspection industries. Granting this petition will help fulfill the goal of Congress to safely accelerate the introduc tion of sUAS
into the NAS.

T he information and documentation included within the attached petition has been provided to

sup port Aerial Engineering Services, LLC's request ed grant of exemption.

I look forward to your favorable response.

K indest Regards,

J ames Matthew Denton Owner/Partner
Aerial Engineering Services, LLC

E nclosure: Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

2Aerial Engineering Services, LL C Petition for Exemption



### Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

For the sake of convenience, this P etition is organized as follows:

Section Page

_ 1. Description of Petitioner

..................................................................................... 3

2. Proposed Uses

..................................................................................................... 3

3. Description and Characteristics of sUAS

.............................................................. 4

4. Public Interest and Benefits

................. ................................................................ 6

5. Aerial Engineering Services, LLC's sUAS Operations Manual

.............................. 6

6. Requested Exemptions from Regulations

............................................................ 11

7. Supporting Documentation

.................................................................................. 15

8. Summary for Publication

...................................................................................... 15

1. Description of Petitioner

The name and address of the Petitioner is:

Aerial Engineering Services, LLC
Attn: Matthew Denton
214 East John Hand Rd Cedartown, GA 30125

770

- 749

- 1808

ae s ervices llc@charter.net

Aerial Engineering Services, LLC will employ sUAS to capture high resolutio n data for use in the Agriculture, Engineering, Construction, Real Estate, and Building Inspection industries. The

owner /manager of Aerial Engineering Services, LLC possesses a Bachelors of Science Degree in Civil Engineering

, has three years and countless hours of experience safely operating sUAS for recreational enjoyment , and is a member of the Academy of Model Aeronautics

.

2. Proposed Uses

Aerial Engineering Services, LLC will employ the 3D Robotics Solo Quadcopter and X8

- M Octocopter for Aerial Surveying, 2D and 3D Mapping, Agricultural Crop Management, Real Estate Marketing , and B uilding I nspection operations . The sUAS will be flown at relatively low altitudes, well below 400' AGL, and at moderate speeds well within the capabilities of the sUAS

, for the purpose of collecting high resolution visual

- spectrum still and video imagery necessary

to generate detailed 3D Digital Terrain & Surface Models, 2D and 3D Photographs, Rectified
Ortho Photos & Mosaic Images

, Topography Maps, R eal E state M arketing V ideos , and Building Inspection D ata

.

3Aerial Engineering Services, LL C Petition for Exemption

3. Description and Operational Characteristics of sUAS

Aerial Engineering Services, LLC will employ the 3D Robotics Solo Quadcopter and X8

- M Octocopter in its operations. Below are description s and operational characteristics of both

s UAS.

a. 3D Robotics Solo Quad c opter

The 3d Robotics Solo Q uadcopter will be used to capture high resolution still and video imagery associated with creating real estate marketing videos and preparing building inspection data

.

3D Robotics Solo Specifications Weight (Including Battery and Camera ) Less Than 5 .0 lb Maximum Ascent Speed 16.1 ft/s ( 5 .0 m/s) Maximum Descent Speed 8.0 ft/s ( 2.5 m/s) Maximum Speed 4 8 knots (5 5 mi/h) (2 4 m/s) Typical Flight Time Approximately 20 minutes

Dimensions 1 8

. 0 in x 1 8

. 0 in x 1 0

. 0 in Remote Control Operating Frequency 2.4 GHz B oth CE and FCC Compliant Remote Control Transmitting Distance 1.2 mi (2 km)

Remote Control Battery 26 0 0 mAh LiPo
Solo Battery 5 2 00 mAh LiPo

The 3D Robotics Solo utilizes GPS data to determine its horizontal position and altitude

. The sUAS has a Return to Home (RTH) feature that can be manually activated in the event of a detected abnormality or emergency or automatically in the event of a lost

Communications Signal or if the remaining battery reaches a minimum level

. Additionally, if for some reason the aircraft battery cannot support the RTH feature, the
aircraft can safely land at its current location. The RTH feature , when activated, commands the UAS to an altitude of 98' and returns to its home point

. Via a Graphical In Flight Control System the GPS signal strength

, remote control signal strength, altitude,
vertical & horizontal speed

, the distance of the aircraft from the remote control, remaining life of the remote control and aircra ft batteries , and remaining flight time

, can be monitored by the Pilot in Command (PIC) at any time during a flight.

b. 3D Robotics X8

- M Octo c opter

The 3D Robotics X8

- M O ctocopter will be utilized to capture high resolution visual

spectrum still imagery necessary to generate 3D Digital Terrain & Surface Models, 2D and 3D Photographs, Rectified Ortho Photos & Mosaic Images, and Survey Maps

.

4Aerial Engineering Services, LL C Petition for Exemption

Due to th e degree of accuracy , stability, and control required during a flight to capture highly detailed and precision photographic imagery necessary to generate 3D Digital Terrain & Surface Models, 2D and 3D Photographs, Rectified Ortho Photos & Mosaic Images, and Survey Maps, Aerial Engineering Services, LLC will conduct autonomous flights using the X8

- M. Autonomous flights will be programmed into the aircraft's onboard autopilot flight controller prior to arriving at each site. Adjustments, ho wever, may be made on the ground prior to each flight to correct for wind direction and other unanticipated site related variables discovered at the time of each flight to insure the
safe st, most efficient , and most productive flight possible.

Below are the standard specifications of the 3D Robotics X8

- M Octocopter

.

3D Robotics X8

- M Specifications

Max. Weight (Including Battery and Camera) Less Than 10 lb Autopilot 3DR Pixhawk V2.4.5

GPS 3DR u

- blox GPS w/ Compass Hovering Accuracy (GPS Mode) Horizontal: 9.8 ft ( 3 m) Maximum Ascent Speed Undetermined by Manufacturer Maximum Descent Speed Undetermined by Manufacturer

Maximum Speed 35 knots ( 40 mi/h) ( 18 m/s) Maximum Wind Speed Resistance 2 1.7 knots (2 5 mi/h) (1 1 m/s) Typical Flight Time Approximately 1 4 minutes
Aircraft Dimensions 13.7 in x 20.1 in x 11. 8 in Remote Control Operating Frequency 2.4 G Hz, FCC Compliant Remote Control Transmitting Distance 0.6 mi ( 1 km) Number of Remote Control Frequencies 7 Remote Control Battery 8

- AA Batteries

X8

- M Battery 10000 mAh 10C LiPo 4 S

The 3D Robotics X8

- M utilizes a fully redundant propulsion system that provides increased reliability. The X8

- M depends upon GPS to determine its horizontal position,
and a barometer in the onboard autopilot to determine its vertical position. T he 3D
Robotics X8

- M Aircraft has a Return to Launch (RT L ) feature that can be manually
activated in the event of a n in flight abnormality or emergency or automatically in the
event of a lost Communications Signal or if the remaining battery life reaches a pre

programmed minimum level . Also, the RTL feature can be automatically activated if a

pre

- defined vertical and horizontal geofence is breached . Additio nally, if for some reason the aircraft battery cannot support the RT L feature, the aircraft can safely land at
its current location. Via a g raphica l interface on the remote control and the G round

C ontrol S tation the PIC can monitor the number of GPS satellites acquired and the GPS signal strength, remote control signal strength, altitude, horizontal speed, the distance

5Aerial Engineering Services, LL C Petition for Exemption

of the aircraft from the remote control, remaining life of the remote control and aircraft batteries, and total flight time

, at all ti mes during a flight.

4. Public Interest and Benefits

By employing s UAS for Aerial Engineering Services, LLC 's operations, the potential risk of serious accidents and injuries associated with manned rotary and fixed wing aircraft weighing thousands of pound s, will be greatly reduced and/or eliminated. In addition to weight, the type of manned aircraft typically used to capture the high resolution photography and video described herein are capable of carrying 100 or more gallons of fuel which creates the pote ntial risk of spillage and fire in the event of an incident or accident , emit emissions harmful to the

environment , and require a n onboard pilot and additional crew members to operate the photographic and video equipment. Due to the fact that the s UAS employed by Aerial Engineering Services, LLC's weigh less than 10 pounds fully loaded, carry no fuel, emit no harmful emissions, the pilot and crew are remotely located from the aircraft

, and the sUAS are operated over controlled access sites/properties, a significant public benefit is achieved.

Additionally, by employing sUAS at altitudes well below and at speeds far less than manned aircraft, Aerial Engineering Services, LLC will provide the Agriculture, Architecture, Civil Engineering, Construction, Rea l Estate, and Building Inspection Industries ; with data and imagery that possess a superior level of detail and precision that is impossible to acquire with manned flights or satellite imagery.

5. Aerial Engineering Services, LLC's sUAS Operations Manual

Aerial Engineering Services, LLC shall review and update this sUAS Operations Manual at least annually , or more frequently if necessary, to insure that the information contained herein is current, relevant to sUAS operations, and to insure that it accurate ly reflects updated FAA requirements for Civil s UAS operations

.

a. Safety

Safety is the main priority of Aerial Engineering Solutions, LLC. To achieve the safest possible environment regarding Civil s UAS operations

, Aerial Engineering Services, LLC's

sUAS Operations Manual and the sUAS Operations, Maintenance, and Safety Manuals
shall be followed.

Monthly safety meetings shall be conducted and documented to insure strict adherence

to Aerial Engineering Services, LLC's sUAS Operations Manual

.

A Visual Obse rver (VO) shall be utilized during every flight (training and mission flights). The VO shall maintain direct Visual Line of Sight (VLOS) at all times during a flight. The VO shall remain in verbal contact at all times during a flight. The VO shall only per form

6Aerial Engineering Services, LL C Petition for Exemption

see and avoid duties for the purpose of identify ing ground based and aerial obstacles and potential hazards including but not limited to other UAS and Manned Aircraft

.

The PIC and VO shall monitor weather conditions prior to and during every flight. If adverse weather conditions are predicted or observed, including but not limited to winds greater that the capabilities of the aircraft, rain, low or ominous clouds, light n ing, and thunder, the flight shall be aborted.

Phone calls, electronic messaging, and texting shall not be permitted at any time during flight operations.

To insure the safest possible environment during a flight, all nonparticipating personnel

, shall remain at least 500 feet from the s UAS unless a protective shelter has been
establis hed prior to the flight.

s UAS shall not be operated within 500 of vessels, vehicles, or structures unless written permission has been granted by the owner and such operations do not create a potential safety hazard.

All flights shall be conducted during daytime hours only

, under Visual Meteorological Conditions (VMC)

.

s UAS shall not be operated over crowd s or congested areas.

All s UAS related incidents and/ or accidents shall be immediately documented and reported to the FAA's s UAS Integration Office within 24 hours. Accidents shall be reported to the National Transportation Safety Board (NTSB).

b. Training

T raining sessions shall be conducted as needed , but no less than bi

- annually

, for the purpose of flight training, proficiency, experience building

, and to review safety issues.

Prior to being designated as a PIC for an official mission flight

, the PIC must document at
least 2 0 hours piloting the s UAS employed by Aerial Engineering Services, LLC that involves at a minimum take offs and landings, hovering, evasive & emergency

maneuvers , mock mission flights, and ground control operations so to become fully aware of the capabilities of the sUAS.

Prior to acting as a VO fo r an official mission flight

, the VO must document at least 10
hours training to become fully aware of the responsibilities of seeing and avoiding for the purpose of identifying ground based and aerial obstacles and potential hazards including but not limited to other UAS and Manned Aircraft.

7Aerial Engineering Services, LL C Petition for Exemption

c. Flight Planning

Prior to each flight, the PIC and VO will visually survey the site /property being flown to identify site /property boundaries and ground based obstacles and potential hazards that may affect the a ircraft during flight. They will also determine the safest location from which to launch the aircraft as well as the best vantage point from which to
maintain a VLOS of the aircraft at all times during the flight. The location of a shelter for

non

- particip ating personnel, if needed, shall also be determined at this time.

Operations shall be conducted over public, private, or limited access property only, Prior to each flight, Aerial Engineering Services, LLC shall obtain written permission from the site/pr operty owner authorizing the s UAS operations over the site/property and to capture high resolution photographs and video of the site/property and any structures
thereon

. Aerial Engineering Services, LLC shall strictly adhere to all privacy laws of the State and/or local jurisdiction in which s UAS operations are conducted

.

Prior to each flight, a PIC shall be designated. That designation shall not be transferred for the duration of the flight.

Prior to each flight, the PIC

, VO , and other n ecessary participants will review and discuss
the details and parameters of the flight to insure that all participants have a firm understanding of the flight objectives

.

Prior to each flight, the PIC shall determine and document the altitude of the launch site and calculate the maximum flight altitude allowable to remaining within 400 feet AGL during the flight.

Prior to each flight, the PIC shall ensure that the UAS has been programmed to automatically RTH or RTL if the remaining battery life reach es a minimum level of 25%.

Prior to each flight, the PIC shall ensure that the UAS has been programmed with a
vertical and horizontal geofence (vertical maximum 400' AGL; horizontal maximum 0.5
miles from the PIC ) that if breached will automatically activate the aircraft's RTH or RTL
feature.

d. Pref light Inspections

Prior to each flight, t he PIC shall inspect the s UAS being flown to ensure it is safe for flight . In the event, a ny condition , including but not limited to

, inoperable components, items, o r equipment, are discovered that would affect the safe operation of the s UAS

, the flight shall be aborted until the necessary corrective maintenance has be performed
and a follow up inspection has been completed. An inspection of t he Ground Control

8Aerial Engineering Services, LL C Petition for Exemption

Station shall be included in the preflight inspection. Additional inspections shall be conducted as prescribed by the Manufacturer.

The s UAS and Remote Control Batteries shall be inspected for defects and to insure they have a charge suf ficient to complete the mission flight with at least 25% battery life remaining

.

The PIC shall verify that an adequate GPS signal is obtained per the Manufacturer's User
Manual prior to launching the UAS

.

The PIC shall ensure that the remote control antenna and range extender i s properly configured so to achieve the best possible communication link between the remote
control , Ground Control Station, and the UAS. The Remote Control, Ground Control Station, and sUAS connection shall be tested to ensure proper functionality.

e. Fligh t Procedures

A copy of the Aerial Engineering Services LLC's s UAS Operations Manual and the s UAS
Manufacturer's User , Safety, and Maintenance Manual s shall be maintained with the Ground Control Station at all times during a flight.

s UAS shall be operated at an altitude of no more than 400 feet AGL.

s UAS shall not exceed speeds recommended by the manufacturer.

s UAS shall not be operated within 5 nautical miles of an airport unless a written agreement is obtained from the airport's manager. In the event a flight is conducted within 5 miles of an airport, a Notice to Airm an ( NOTAM ) must be issued.

s UAS shall be oper ated within visual line of site (VLOS) of the PIC and VO at all times. The PIC and VO must be able to communicate verbally at all times.

s UAS shall not be operated when visibility is less than 3 miles from the PIC.

s UAS shall not be operated less than 50 0 feet below or within 2000 feet horizontally
from a cloud.

The P IC shall stay clear of and always yield the right

- of

- way to other sUAS and manned
aircraft.

The PIC shall manually activate the UAS's RTH or RTL feature in the event of any
detected abnorma lity or emergency.

9Aerial Engineering Services, LL C Petition for Exemption

During a flight, the PIC shall monitor at a minimum the UAS's altitude, horizontal speed, distance of the aircraft from the remote control, and remaining battery life; and the remaining life of the remote control.

During all programmed autonomous flights, t he PIC shall maintain Visual Line of Site of
the sUAS and monitor the s UAS controls. T he PIC shall assume full manual control of the
aircraft in the event of any detected abnormality or emergency and activate the RTH or
RTL feature.

f. Maintenance

Routine and preventive m aintenance , overhaul, and replacement shall be performed on
each s UAS as specified in the Manufacturer's M aintenance M anual. The M aintenance

M anual for each s UAS shall be maintained with the Ground Control Station at all times during a flight

.

Corrective maintenance for any condition, including but not limited to, inoperable components, items, or equipment, that are discovered during a pre

- flight inspection
shall be completed according to the Manufacturer's recommenda tion.

s UAS that have undergone any maintenance or alterations that affect critical flight components shall undergo a functional test flight prior to being placed back into service

.

g. Record Keeping

An aircraft maintenance record shall be kept up to date for each s UAS operated by
Aerial Engineering Services, LLC

.

Routine and preventive maintenance shall be recorded in the aircraft record for each

s UAS operated by Aerial Engineering Services, LLC.

Repair or corrective maintenance shall be recorded in the aircraft record for each s UAS operated by Aerial Engineering Services, LLC.

A record shall be created and maintained for each flight that shall include at a minimum the PIC's and VO's names, the flight location, time of day, atmospheric conditions at the time of the flight, the s UAS flown, the duration of the flight , and purpose of the flight

. The original agreement granting access to the site/property must be made a part of each flight record.

Training records shall be maint ained for each PIC and VO that includes at a minimum,

name, date

, time of day, total training time, location of training, and training type

.

10Aerial Engineering Services, LL C Petition for Exemption

6. Requested Exemptions from Regulations

14 CFR § 61.3; Requirements for certificates, ratings and authorizations: 14 CFR § 61.113(a) & (b); Private Pilot Privileges and Limitations: 14 CFR § 61.133; Commercial pilot privileges and
limitations

Aerial Engineering Services, LLC seeks an exemption from 14 CFR § 61.3 which states " No person may serve as a required pilot f light crewmember of a civil aircraft of the United States, unless that person: (1) Has in the person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization

— (i) A pilot
certific ate issued under this part and in accordance with §61.19; ", and

14 CFR § 61.113(a) & (b) which states " (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in c onnection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or pro perty for compensation or hire." , and

14 CFR § 61 .133 which states " (a) Privileges

— (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

— (i) Carrying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation. "

P rior to the grant of exemption issued to Jeffery J. Walsh (112 2 9 ) , FAA required that a PIC of a commercially operated s UAS must at least hold a Private Pilot Certific ate. Following the grant of exemption issued to Jeffery J. Walsh

, FAA's stance changed thus permitting a PIC to hold a range of licenses from a Commercial Pilot Certificate down to a Sport Pilot Certificate.

Most recently, per the release of a Small UAS Notice of Proposed Rulemaking, FAA propos es to replace the pilot airman certificate requirement with an Aeronautical Knowledge Test, create a sUAS certificate, and establish a TSA security screening process for sUAS Operators

, followed by

recurrent Aeronautica l Knowledge Test s every 24 month s , all of which Aerial Engine ering Services, LLC feels is reasonable and necessary

.

As of the date of this petition , a number of petitioners have requested complete relief from the requirement to hold an pilot airman certificate

, however, FAA has held firm to the position that

Section 333 did not grant the authority to exempt that requirement ( e.g. Singer's Creations (11191))

. Additionally, FAA has also requir ed a pilot certificate for s UAS operations because

11Aerial Engineering Services, LL C Petition for Exemption

pilots holding an FAA issued pilot certificate are subject to the security screenings by the Department of Homeland Security that certificated airmen undergo.

Section 333(b) of the Reform Act states , "ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.

- In making the determination under subsection (a), the Secretary shall determ ine, at a minimum

-- (1) which types of unmanned aircraft systems, if any as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 4470 4 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1)."

Based upon the wording of Section 333(b) of the Reform Act

, Aerial Engineering Services, LLC respectfully disagrees with FAA's opinion/ position that the Secretary only has the authori ty to grant relief from Section 44 704 of Title 49 U.S.C. when considering requested exemption s from regulations ; and instead submits that the phrase " at a minimum " used by Congress in the Section 333(b) carries the same meaning as the phrase " at lea st ", which by definition means

" lowest in consideration, position, or importance " . Therefore, Section 44704 of T itle 49 U.S.C.

was simply intended to be a minimum starting point, for the Secretary, when considering requested exemptions from regulations, prior to the establishment of a sUAS Rule. Being such, the Secretary also has the implied authority to grant relief from other Title 49 sections as necessary, including Section 44711

- Prohibitions and E xemption , to accomplish the Congressional goal of s afely accelerat ing the integration of civil UAS into the NAS.

Aerial Engineering Services, LLC will achieve a n equivalent level of safety by :

1. R equir ing the PIC to complete Sport Pilot ground instruction and pass the FAA Sport
Pilot written examination to substantiate that essential aeronautical knowledge has been acquired

.

2. R equiring the PIC to document at least 20 hours of comprehensive training with the sUAS employed by Aerial Engineering Services, LLC as specified in the Aerial Engineering Services, LLC sUAS Operations Manual to ensure operating proficiency with the sUAS employed by Aerial Engineering Services, LLC

.

3. Requiring the PIC to strictly adhere to all sections of the Aerial Engineering Services, LLC

sUAS Operations Manual

, the Man ufacturer 's Operat ing M anuals , and FAA sUAS operating requirements

.

4. R equir ing the PIC to undergo a T ransportation S ecurity A dministration screening process

as soon as such screenings become available for sUAS Operators

.

5. Requiring the PIC to poses a third class airman medical certificate.

12Aerial Engineering Services, LL C Petition for Exemption

Granting this requested exemption will facilitate the mandate of the Reform Act to safely
accelerate the introduction of sUAS into the NAS.

14 CFR § 91.7(a); Civil Aircraft Airworthiness

Aerial Engineering Services, LLC seeks an exemption from 14 CFR § 91.7(a) which states " No person may operate a civil aircraft unless it is in an airworthy condition."

Currently FAA does not have a regulatory standard for determining whether or not a UAS is

air worthy. Aerial Engineering Services, LLC will achieve a n equivalent level of safety by complying with the Manufacturers User Manual and Aerial Engineering Services, LLC's sUAS Operations Manual to insure each UAS is airworthy

.

14 CFR § 91.9 (b) ; Civil Aircraft Flight Manual, Mar king, and Placard Requirements

Aerial Engineering Services, LLC seeks an exemption from 14 CFR § 91.9(b) which states "(b) No person may operate a U.S.

- registered civil aircraft

— (1) For which an Airplane or Rotorcraft Flight Man ual is required by §21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in §121.141(b); and (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. "

Due to the small size of the s UAS operated by Aeri al Engineering Services, LLC, there is no possible way to store the manual materials, markings, and placards onboard the aircraft. Aerial Engineering Services, LLC will achieve An equivalent level of safety by keeping the U ser,
M aintenance, and Operations Manuals available at the Ground Control Station during each flight

.

14 CFR § 9 1 .1 19(c); Minimum Safe Altitudes

Aerial Engineering Services, LLC seeks an exemption from 14 CFR § 91.119(c) which states

" Except when necessary for takeoff or landing, no pers on may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 f eet to any person, vessel, vehicle, or structure. "

Due to the fact that the 3D Robotics Solo and X8

- M will be operating up to a maximum altitude of 400 AGL, Aerial Engineering Services, LLC cannot comply with this requirement. An equivalent level of safety , however, will be achieved by only conducting flights over sites/property in which written permission has been granted by the owner and precautions are

13Aerial Engineering Services, LL C Petition for Exemption

taken to either shelter on site or keep nonparticipating personnel at least 500 feet from the

sUA S while in flight, as specified by Aerial Engineering Services, LLC's Operations Manual.

14 CFR § 91.121; Altimeter Settings

Aerial Engineering Services, LLC seeks an exemption from 14 CFR § 91.121 which states , in pertinent part, " Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircr aft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; "

Aerial Engineering Services, LLC will achieve a n equivalent level of safety by following its sUAS Operations Manual whic h states that p rior to each flight, the PIC shall determine and document
the altitude of the launch site and calculate the maximum flight altitude allowable to remaining within 400 feet AGL during the flight.

14 CFR § 91.151(a); Fuel Requirements for Flig ht in VFR Conditions

Aerial Engineering Services, LLC seeks an exemption from 14 CFR § 91.151(a) which states, " (a) No person may 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 f ly after that for at least 30 minutes; "

The maximum flight time as allowed by battery power is 20 minutes for the 3D Robotics Solo
and 15 minutes for the 3D Robotics X8

- M thus making it impossible to comply with this regulation. Aerial Engineering Servic es, LLC will achieve a n equivalent level of safety by following its sUAS Operations Manual which requires the PIC to monitor the remaining battery life of the UAS and by programming the UAS to automatically RTH or RTL if the remaining battery life reaches 25%.

14 CFR § Part 21 ; Certification Procedures for Products and Parts : Subpart H ; Airworthiness
Certificates : 14 CFR § 91.203; Civil Aircraft, Certifications Required

Aerial Engineering Services, LLC seeks an exemption from 14 CFR § Part 21 Subpart H which prescribes procedural requirements for the issu ance of airworthiness certificates

, and 14 CFR §

91. 203 which requires that no person may operate a civil aircraft unless it has within it a n

14Aerial Engineering Services, LL C Petition for Exemption

appropriate and current airworthiness certificate

, however

, w hile FAA does not currently have a regulatory standard for determining whether or not a UAS is airworthy , Section 333 of the Reform Act has granted the Secretary the authority to determine which types of UAS, based

upon size, weight, speed, operational cap ability, ... do not create a hazard to users of the NAS, the public, or national security.

Due to the size , weight, speed, and operational capabilities of the 3D Robotics Solo and X8

- M operated by Aerial Engineering Services, LLC as compared to manned ai rcraft normally operated for the same purpose of obtaining high resolution aerial data , a n even greater level of safety is achieved

.

14 CFR §§ 91.405(a) ; Maintenance Required : 91.407(a)(1); Operation After Maintenance

, Preventive Maintenance, Rebuilding, or Alteration: 91.409(a)(1) & (a)(2); Inspections: and 91.417(a) & (b); Maintenance Records;

Aerial Engineering Services, LLC seeks an exemption from 14 CFR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b); which c ol lectively, t hese regulations specify certain procedural requirements for the maintenance, repair, and inspection of manned aircraft that
are issued airworthiness certificates.

Aerial Engineering Services, LLC will achieve a n equivalent level of safety by following its aU AS Operations Manual and the Manufacturers User and Maintenance Manuals in regards to the maintenance, repairs and inspections , and record keeping for the s UAS being operated

.

7. Supporting Documentation

Submitted with this petition

, as separate documents

, are the Manufacturers User and
Maintenance Manuals for the 3D Robotics Solo and X8

- M s UAS.

8. Summary for Publication

Aerial Engineering Services, LLC
214 East John Hand Rd Cedartown, GA 30125

770

- 749

- 1808

a es ervices llc@charter.net

Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR § 61.3; 14 CFR § 61.113(a) & (b); 14 CFR § 61.133 ; 14 CFR § 91.7(a); 14 CFR § 91.9(b); 14 CFR § 91.119(c); 14 CFR § 91.121; 14 CFR § 91.151(a); 14 CFR § Part 21; Subpart H; 14 CFR § 91.203; 14 CFR § 91.405(a); 14 CFR § 91.407(a)(1); 14 CFR § 91.409(a)(1) & (a)(2); 14 CFR § 91.417(a) & (b)

15Aerial Engineering Services, LL C Petition for Exemption

Aerial Engineering Services, LLC will utilize the 3D Robotics Solo Quadcopter and X8

- M Octocopter for Aerial Surveying, 3D Mapping, Agricultural Crop Management, Real Estate Marketing, and Building Inspections.

16