Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re : Petition ofThorin Enterprises, LLC dba Prairie Aerial for an Exemption Pursuant to 

Section 333 ofthe FAA Modernization and Reform Act of2012 

Director: Flight Standards Service: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform Act") and 

14 C.F.R. Part 11, Thorin Enterprises, LLC dba 2 ("Prairie Aerial") hereby applies for an 

exemption from the Federal Aviation Regulations ("F ARs") identified below to allow 

commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or 

"U AS") for the purpose of conducting aerial videography, photography for the film, television 

and web industries as well as infrastructure inspection and site surveys. 

This petition for exemption is made based on information outlined in this Petition for Exemption, 

as well as the accompanying documents; 

1. PIC Flight Operations Manual and; 

2. Operations Manuals 

(Collectively 2 and 3 are referred to as Documents and Manuals) 

3. User Guide and; 

4. Flight Manual1 

(Collectively 3 and 4 are referred to as "Manufacturer's Manuals"). 

Prairie Aerial submits these supporting materials as confidential documents pursuant to 14 

C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary 

information that Prairie Aerial has not and will not share with other requesting parties. 

Additionally, these documents contain operating conditions and procedures that are not generally 

available to the public and are protected from release under the Freedom of Information Act, 5 

U.S.C. § 552 et. seq. 

For your convenience, this Petition is organized as follows: 

I. Description of Petitioner 

1

. The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited 

to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service 

information letters and, safety/service bulletins. 
IV. Proposed UAS Operations Meet the Requirements of Section 333 of the 

Reform Act 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manuals 

V. Regulations From Which Exemption is Requested 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(l) 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(l) and (2); 91.417(a) and (b): 

Maintenance Inspections 

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113 : Private Pilot 

Privileges and Limitations 

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

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

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

Registration 

H. 14 C.F.R. § 91.103: Preflight Action 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes 

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

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

Vl. Drug and Alcohol Program 

VII. Public Interest 

VIII. Privacy 

IX. Federal Register Summary 

X. Conclusion 
and photography via controlled flights for the production of commercial products and stock 

footage. The Company's Principal and Chief Pilot Joseph Thorin has been flying UAV 

Quadcopters as a hobby for more than three years without incident, spending thousands of hours 

flying. 

Prairie Aerial's staff are well trained and experienced in providing support as visual observers 

("VO") for the pilot in command ("PIC") in addition to any other needed on site assistance. 

All of the equipment owned by Prairie Aerial is of the highest quality gear and has been able to 

provide these services safely and without any claims or incident. Prairie Aerial's goal is to 

advise the perspective client that Prairie Aerial is following all the applicable state and federal 

rules to ensure the safety of the public while providing the client with a competitive and cost 

effective product. 

Prairie Aerial seeks an exemption to allow for aerial filmmaking as well as photography, and 

videography services, infrastructure inspection, site surveys and other related media products. 

The contact information for Petitioner is as follows: 

Todd L. Thorin Thorin Enterprises, LLC dba Prairie Aerial 

7801 W. Leah Street 

Sioux Falls, SD 57106 

Phone: (605) 366-5480: Email: todd@prairieaerial.com 

II. DESCRIPTION OF PROPOSED OPERATION 

Prairie Aerial seeks an exemption pursuant to Section 333 of the Reform Act to operate the 

DJI Phantom 2; and DJI Inspire (all under 55lbs) also known as (PA-UAS) for the proposed 

operations discussed herein below. All UAS operations will occur under tightly controlled 

conditions on private property or approved location where Prairie Aerial has received verifiable 

permission to operate from the landowner, controller or authorized representative. The proposed 

U AS operations will be conducted in accordance with the conditions and limitations of this 

Petition for Exemption and Prairie Aerial's Operations Manuals. As detailed in Prairie Aerial's 

Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within 

visual line-of-sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 

nm away from an airport reference point. Moreover, Prairie Aerial's Operations Manuals 

incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area 

ofUAS operations, including GPS "geo-fencing" technologies. 
established by the FAA in prior grants of exemption authorizing commercial use of UAS in the 

motion picture and television filmmaking industry, including: 

• 

• 

• • • 

• • • • 

• • 

• 

Astraeus Aerial (Exemption No. 11 062) 

Aerial MOB, LLC (Exemption No. 11066) 

Pictorvision, Inc. (Exemption No. 11 067) 

HeliVideo Productions, LLC (Exemption No. 11 065) 

Snaproll Media, LLC (Exemption No. 11063) 

RC Pro Productions Consulting, LLC d/b/a Vortex Aerial (Exemption No. 11064) 

Flying-Cam, LLC (Exemption No. 11 080) 

Aerocine, LLC (Exemption No. 11150) 

Team 5, LLC (Exemption No. 11158) 

Alan D. Purwin (Exemption No. 11161) 

Helinet Aviation Services, LLC (Exemption No. 11160) 

Picture Factory, Inc. (Exemption No. 11178) 

All UAS recording operations will occur on private property or approved location in a controlled 

area away from spectators and persons not involved in the filmmaking process. In addition, the 

filming will be conducted between dawn and dusk to ensure maximum safety for the public and 

those involved in the manipulation and operation of the UAS; VFR conditions, at altitudes below 

400' above ground level ("AGL"). 

As set forth below, Prairie Aerial's operations provide an equivalent level of safety which is 

superior to performing the same work using conventional fixed-wing aircraft or helicopters. 

Small UAS recording operations is also safer than traditional manned aircraft performing the 

same function. Conventional operations using rotorcraft and fixed-wing aircraft in low level 

operations present risks associated with vehicles weighing tens of thousands of pounds 

(including payload) and carrying large amounts of fuel which inherently presents significant fire 

hazards as well as exposure to other chemical contaminates. It is important to note the use of 

small UAS in this area will not only be safer and more cost effective to the perspective user or 

purchaser of the service, but the quality and expanse of acquired information will be far more 

robust given the low cost associated with its acquisition and other potential consumers an 

inexpensive product. 

UAS recording is more reliable, and allows for the collection, dissemination, and storage of 

visual and other sensory data with greater precision and duration at a very low cost. Small UAS 

will also be capable of accessing and inspecting areas that would otherwise be inaccessible or 

highly dangerous using conventional aircraft or other inspection methods. 
unmanned aircraft systems to operate in the National Air Space (

NAS

) where it is safe to do so 

based on the following considerations: 

• The UAS's size, weight, speed and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and 

• Operation ofthe UAS within the visual line of sight ofthe operator. 

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority ofthe 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and 

§§ 44702-44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption). 

IV. PRAIRIE AERIAL's PROPOSED PA-UAS OPERATIONS MEET THE 

RE UIREMENTS OF SECTION 333 OF THE REFORM ACT 

The small PA-UAS operations proposed by Prairie Aerial as noted above in this Petition for 

Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of 

the statutory criteria and relevant factors are satisfied. 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size 

weight, speed, and operational capability. 

• The PA-UAS's utilized by Prairie Aerial have been approved for use in prior 

Section 333 Grants of Exemption from the FAA.2 

• The PA-UAS weigh less than 55 pounds, including payload. 

• The PA-UAS will not be flown at a ground speed in excess of 50 knots. The 

2 See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to 

VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp. (Exemption No. 

11184 ); Grant of Exemption to Alan Purwin (Exemption No. 11161 ); Grant of Exemption to Helinet Aviation 

Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156). 
• 

• 

pilot via telemetric data feed. 

The PA-UAS will have system redundancies and independent functionality to 

ensure the overall safety and predictability of the system. If connection to the 

remote control or ground control station is lost, failsafe systems will permit the 

UASs to return to a predetermined location and safely land without injury or 

damage. 

The radio frequencies used for operations and control ofthe PA-UAS comply 

with the Federal Communications Commission ("FCC") and other appropriate 

government oversight agency requirements. The operating frequency for the P AUAS is 2.4 GHz frequency bands. 

If the same operations were conducted using a helicopter, the aircraft's take-off weight would 

likely exceed 6,000 pounds depending on payload. The difference in weight between the PAUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event of an unintended accident or 

incident. In addition, the risk to the onboard pilot and camera operator is eliminated. 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

Prairie Aerial's Operations Manuals 

Prairie Aerial's Operations Manuals and the Manufacturer's Manual for the selected PA-UAS 

will contain all the procedures and limitations necessary to safely and successfully perform the 

operations specified in this Petition for Exemption. To assist the FAA in making a safety 

assessment of Prairie Aerial's proposed operations, below is a summary of operational 

limitations and conditions that Prairie Aerial will adhere to, and which will ensure an equivalent 

or higher level of safety to operations conducted under current regulatory guidelines: 

1. The PA-UASs weighs less than 55 pounds, with payload. 

2. All operations shall be conducted over private or controlled-access property with 

verifiable permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be obtained 

for each scheduled flight prior to operation. 

3. All UASs operated under the Grant of Exemption will be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as 

practicable. 
license issued by a state, the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. The PIC will also meet the flight review 

requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on 

his or her pilot certificate 

6. The PA-UAS shall be operated within VLOS ofthe PIC and Observer at all times. 

The PIC must use human vision unaided by any device other than corrective lenses, 

as specified on the PIC's FAA-issued medical certificate. 

7. The PIC and Observer designated for any operation will be able to communicate 

verbally at all times. 

8. Electronic messaging or texting will not be permitted during flight operations. 

9. The additional requirements identified in the Grant of Exemption shall be added to 

the Prairie Aerial's Operations Manuals. The Operations Manuals will be maintained 

and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the Grant of Exemption and Prairie Aerial's 

Operations Manuals, the conditions and limitations in the Grant of Exemption shall 

take precedence and must be followed. Otherwise, Prairie Aerial shall follow the 

procedures outlined in their Operations Manuals. 

10. Prairie Aerial may update or revise its Operations Manuals. Revisions will be tracked 

and a revised copy of the Manual will be provided to the Administrator upon request. 

Prairie Aerial will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision 

would affect the basis upon which the FAA grants the exemption, Prairie Aerial will 

seek an amendment to its Grant ofExemption. Prairie Aerial will contact the FAA's 

UAS Integration Office (AFS-80) if questions arise regarding updates or revisions to 

the operating documents. 

11. Prairie Aerial Operations Manuals and its Grant of Exemption will be available to the 

PIC at the ground control station anytime the PA-UAS is operating. 

12. The PIC is prohibited from beginning an PA-UAS flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the first intended point of 

landing, and assuming normal cruising speed, to fly after that for at least 1 0 minutes. 

13. Maximum total flight time for each operational flight using the PA-UAS will be 

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a 

reserve battery power of no less than 25%, whichever occurs first. 
15. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons. (persons other than the PIC, VO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per§ 91.119(a). 

16. The PA-UAS may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

1 7. The P A-U AS may not operate within 5 nm of an airport reference point as denoted on 

a current FAA-published aeronautical chart unless a letter of agreement with that 

airport's management is obtained, and the operation is conducted in accordance with 

a NOT AM as required by the Prairie Aerial COA. The letter of agreement with the 

airport management will be made available to the Administrator upon request. 

18. Prior to each flight the PIC shall inspect the PA-UAS to confirm that it is in a 

condition safe for flight. The pre-flight inspection will account for all discrepancies, 

e.g. inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents as well as equipment updates. The PIC shall not 

operate any PA-UAS ifthe inspection reveals a condition that affects the safe 

operation of the PA-UAS until the necessary maintenance has been performed and the 

PA-UAS is found to be in a condition for safe flight. The ground control station shall 

be included in the preflight inspection. All maintenance and alternations must be 

properly documented in the UAS's records as required by Prairie Aerial's Operations 

Manuals. 

19. Prairie Aerial will timely carry out its maintenance, inspections, and record keeping 

requirements in accordance with the Operations Manuals. Maintenance, inspection, 

and alterations will be fully noted in the PA-UAS records, including total time in 
Operations Manuals. The PIC who conducts the functional test flight must make an 

entry in the UAS aircraft records of the flight. The requirements and procedures for a 

functional test flight and PA-UAS record entry shall be included in the Prairie 

Aerial's Operations Manuals. 

21. The PA-UAS will be operated and maintained according to the Manufacturer's 

Manuals and any required manufacturer Safety/Service Bulletins and product updates. 

22. Prior to the operation, a Mission Packet will be created in accordance with the 

requirements on Prairie Aerial' Operations Manuals. 

23. Prairie Aerial will obtain an Air Traffic Organization ("ATO") issued Certificate of 

Waiver or Authorization, otherwise known as a COA, prior to conducting any 

operations under this Grant of Exemption. A NOT AM will be issued as required by 

the COA. All operations will be conducted in accordance with airspace requirements 

in the A TO issued COA including class of airspace, altitude level and potential 

transponder requirements. 

24. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies. 

25. Ifthe PA-UAS loses communication with the PIC, it will have the capability to safely 

return to a pre-determined location within the operational area and land safely. 

26. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer. 

27. The PA-UAS will have the capability to safely abort flight in the case ofunpredicted 

obstacles or emergencies. 

28. PICs and Observers will have at least a current Class III Medical Certificate or a valid 

and current state driver's license issued within the United States. 

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR § 61.51 (b), a minimum of 200 flight cycles and 

25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar PA-UAS type platform. This requirement can be achieved by flights 

conducted and logged as a hobbyist. 

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR § 61.51 (b), a minimum of hours pursuant to 54 
32. The PA

UAS shall remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight vehicles, 

parachute activities, parasailing activities, hang gliders, etc.). 

33. PA-UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited. 

34. The UAS will not be operated from an elevated platform unless designed and 

engineered specifically for such purposes and be in compliance with the general 

restrictions imposed by the applicable regulations. Additionally no PIC will provide 

any film-flight operations while in motion from atop any elevated platform vehicle or 

device. 

35. Before conducting operations, the radio frequency spectrum used for operation and 

control ofthe PA-UAS will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 

40101 ofthe Act, including UASs, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.3 

Prairie Aerial seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the 

requested operations using PA-UAS platforms noted above. Listed below are: (1) the specific 

sections of 14 C.F .R for which exemption is sought, and (2) the operating procedures and 

safeguards that Petitioner has established which will ensure a level of safety better than or equal 

to the rules from which exemption is sought.4 

UNMANNED AIRCRAFT SYSTEM 

A. 14 C.F .R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F .R. 

§91.203(a)(1) 

349 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to 

Sections 44701(a) and (b) and Sections 44702- 44716). 

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption 

would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption. 
Equivalent Level of Safety 

Prairie Aerial's use of the PA-UAS are safe when taking into account their size, weight, speed, 

and operational capability. As set forth in the description of proposed operations in Section IV 

(A), the PA-UAS weigh less than 55 pounds, including payload and will not be flown at a 

ground speed in excess of 50 knots. The PA-UAS are also equipped with safety features which 

will allow Petitioner to operate the PA-UAS safely after experiencing certain in-flight 

contingencies or failures as noted below.6 7 

Additionally, the PA-UAS carry neither pilots nor passengers, carry no explosive materials or 

flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive 

and operate exclusively within the parameters stated in Prairie Aerial's Operations Manuals. 

Operations conducted under this exemption will be closely controlled and monitored by the PIC 

operator and will be conducted in compliance with local public safety requirements, to provide 

security for the area of operation. Prairie Aerial will also provide the FAA with advance notice 

of all operations via NOTAMs as required by the applicable COA. In all cases, operation ofthe 

PA-UAS under the proposed conditions will be at least as safe as, or safer than, conventional 

5See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22). 

6See e.g., Grant of Exemption No. 11184 to LowCountryRC, Corp. (FAA-2014-0803 at pg. 3): "The [DJI S1000] 

has the capability to operate safely after experiencing certain in-flight contingencies or failures and uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning 

system (GPS) or a lost-link event with a pre-coordinated, predictable, automated flight maneuver, and manual flight 

control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned 

aircraft performing a similar operation." 

7See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): The PA-UAS can 

be operated entirely by a touch-screen, map-based interface. This means the operator only needs to command the 

system where to go, and the system does all the flying for the operator. The PA-UAS can be operated in both semi 

and fully autonomous flight modes, with the operator simply clicking on a map to create a pre-planned flight path 

for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system 

cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built-in 

intelligent fault handling which allows the PA-UAS to detect a system fault while in the air and automatically fly 

back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre-set 

wind thresholds; and low battery levels. 

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any 

point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. 

Also a flight termination link- to prevent a 'fly away' or other potentially dangerous situation - is available to the 

operator." 
B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

Title 14 C.F .R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent that Prairie Aerial's small PA-UASs would otherwise 

require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F .R. R. Part 21, 

Subpart H, supra. 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 

Prairie Aerial seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

• 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard 

requirements, provides that: 

No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with Part 45 of this chapter. 

• 14 C.F.R. § 45.23(b), Markings ofthe Aircraft, states: 

When marks include only the Roman capital letter "N" and the registration 

number is displayed on 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. 

• 14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by 

§ 45.23. 

8See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13). 

9

• Id 
All PA-UAS flown by Prairie Aerial will bear N-number markings that are as large as 

practicable in accordance with 14 C.F .R. Part 45, Subpart C. 11 

D. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): 

Maintenance Inspections 

Prairie Aerial seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is 

needed because Part 43 and these sections only apply to aircraft with an airworthiness 

certificate, which the UAS platforms to be operated under this grant of exemption will not have. 

(Emphasis added) 

Equivalent Level of Safety 

An equivalent level of safety will be achieved or exceeded because maintenance and inspections 

will be timely performed in accordance with the Manufacturer's Manual and any required 

manufacturer Safety or Service Bulletins. Further, as required by Prairie Aerial's Operations 

Manuals, the PIC will conduct a pre-flight inspection of the PA-UAS and all associated 

equipment to account for all discrepancies and/or inoperable components. Maintenance will be 

performed and verified to address any conditions potentially affecting safe operation of the P AUAS and no flights will occur unless, and until, all flight critical components ofthe PA-UAS 

have been found to be airworthy and in a condition safe for operation. A functional test flight 

will be conducted following the replacement of any flight-critical components. As required by 

Prairie Aerial's Operations Manuals, the PIC who conducts the functional test flight will make 

an entry in the PA-UAS aircraft records ofthe flight. 

Prairie Aerial's Operations Manual also includes requirements to follow the manufacturer's UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements 

for the following applicable components: powertrain system (powerplant), propellers, avionics 

and control surfaces (including ailerons/elevens), structures & airframe, camera system, 

electrical systems (including batteries), ground control station, hazard accessories, and spare 

parts. Further, Prairie Aerial's Operations Manuals also include procedures to document and 

maintain a record of the PA-UAS's maintenance, preventative maintenance, alterations, status of 

1°FAA Docket No. FAA-2014-0352. 

11 See, e.g., FAA Docket No. FAA-2014-0352, at 14. 
E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

Prairie Aerial seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications ifthe 

private pilot is carrying passengers or cargo for hire. In this case, while the PA-UASs will be 

operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant 

ofExemption to Astraeus Aerial, the FAA determined that the unique characteristics ofUAS 

operation outside of controlled airspace did not warrant the additional cost and restrictions 

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical 

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become 

qualified as a commercial pilot would not lead to any additional safety benefits when UAS 

operations are involved. 

Equivalent Level of Safety 

The restrictions Prairie Aerial has placed on its PA-UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial. Prairie Aerial will operate on private property 

or approved location away from persons and property not involved in the operation. Prairie 

Aerial will also obtain an A TO issued COA prior to conducting any operations under this Grant 

of Exemption. All operations will be conducted in accordance with airspace requirements in the 

A TO issued COA including class of airspace, altitude level and potential transponder 

requirements. A NOT AM will also be issued as required by the applicable COA. 

In addition to these flight restrictions, Prairie Aerial will further ensure safe operation by 

requiring that any PIC be thoroughly versed not only in airspace and communication issues 

pertaining to all aircraft operators but also in the unique aspects of P A-U AS flight. As set forth 

in the Operations Manuals, pilots will have experience not only in PA-UAS operations generally 

but have logged flight time in the specific make and model used for the operations before they 

are permitted to participate in commercial flights on behalf of Prairie Aerial. The pilot 

qualification, training, and currency requirements in the Operations Manuals ensure that Prairie 

Aerial pilots are competent and proficient in the PA-UASs they are operating. Prairie Aerial's 

training and qualification requirements are consistent with those contained in prior FAA Section 

333 Grants of Exemption, and will provide a higher level of competency and proficiency for its 

pilots and will ensure at least an equivalent level of safety to the public. 

12Exemption No. 11062 (FAA Docket No. FAA-2014-0352). 
to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the 

extent that the requirements ofPart 21 are waived or found inapplicable. 13 Accordingly, 

Petitioner requests that the requirements for§ 91.7(a) be treated in accordance with 

Section V (A), supra. 

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

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

Registration 

Title 14 C.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2): 

(b) No person may operate a U.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is 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. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

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

Given the small size and configuration of the PA-UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the PA-UAS because there is 

simply no room and the PA-UAS has no cabin or cockpit. As a way to comply with the code 

Prairie Aerial will maintain the documents with the PIC and make them available for inspection. 

Equivalent Level of Safety 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 

13See Id. at 13-14, 22. 
H. 14 C.F.R. § 91.103: Preflight Action 

Prairie Aerial seeks an exemption from 14 C.P.R.§ 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following the Prairie Aerial's Operations 

Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to 

identify any defects or inoperable components in accordance with the Prairie Aerial's Operations 

Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. 

The PIC will also be required to review weather, flight requirements, battery charge, landing and 

takeoff distance, UA performance data, and contingency landing areas-before initiation of 

flight. Prairie Aerial's Operations Manuals and the Manufacturer's Manual will be kept at the 

ground control station and will be accessible to the PIC at all times while operating the UAS. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

Prairie Aerial seeks an exemption from 14 C.P.R. § 91.109(a), which provides in pertinent part 

that "[n]o 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." UASs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.P.R.§ 91.109(a). 

Equivalent Level of Safety 

Given the size and speed of the UASs that Prairie Aerial intends to use, an equivalent level of 

safe training can still be performed without dual controls because no pilot or passengers are 

aboard the UAS, and as required by the Prairie Aerial's Operations Manuals, all persons will be a 

safe distance away in the event that the UAS experiences any difficulties during flight 

instruction. Moreover, as required by the Prairie Aerial's Operations Manuals, all flight training 

14Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, 

to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18. 
Prairie Aerial requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119( c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F .R. § 91.119( c). Section 91.119( d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

An exemption is required because the proposed PA-UAS operations will normally need to occur 

below 400 feet AGL. In circumstances where the PA-UAS is used to inspect a structure whose 

height exceeds 400 feet AGL, the PA-UAS will not be operated more than 100 feet above the 

highest point on the structure, and within 150 feet horizontally of the structure. Additionally, due 

the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 

feet away from the PA-UAS. 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk associated with these operations is far less than those which presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed ofthe PA-UASs, 

as well as the controlled location where the operations will occur. In order to avoid any risk to 

manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point 

on that structure and 150 feet horizontally ofthe structure. 

As set forth in the Operations Manuals, the PA-UASs will be operated in a restricted area, and all 

flights will be operated at a lateral distance of at least 500 feet from any nonparticipating 

persons, unless that person is in a position where he or she is shielded from the PA-UAS and any 

possible debris resulting from its failure. As required by the Operations Manuals, flights will be 

terminated if a nonparticipating person within 500 feet of the PA-UAS leaves a shielded 

position. Further, its operations will occur at least 500 feet away from vehicles or structures 

unless the property owner/controller timely has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and, operations near the PIC or 

Observer will not present an undue hazard per§ 91.119(a). Adherence to these restrictions in 

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing 

without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS 

operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. 

See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial (F AA-20 14-0534 at 15). 
elevation of the departure airport or barometric pressure. An exemption is required to the extent 

that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 

can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or 

below17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18 

The PA-UAS that Prairie Aerial intends to use for the proposed operations will meet all these 

operational characteristics. Moreover, as required by Prairie Aerial's Operations Manuals, the 

PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like 

prior FAA Section 333 Grants of Exemption, the PA-UASs Prairie Aerial intends to use, and the 

safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent 

level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of 

§ 191.121 is therefore appropriate. 

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

Prairie Aerial requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 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 -

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "Ifbarriers or structures are 

present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then 

the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that 

nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave 

such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When considering how 

to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addition, the 

FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment of the risk of operating closer to those objects and determines that it does not present an undue hazard." 

17Ifthe height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 

feet above the highest point on the structure. 

18See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21). 
Prairie Aerial

s intention to fly the PA-UASs at night. 

Equivalent Level of Safety 

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved 

by prohibiting the PIC from beginning a PA-UAS flight unless (considering wind and forecast 

weather conditions) there was enough power to fly to the first intended point of landing and, 

assuming normal cruising speed, to fly after that for at least I 0 minutes. In reaching this 

conclusion, the FAA considered that the UAS batteries for the PA-UAS provide approximately 

50 minutes of powered flight (with payload) and provided battery level and battery time 

remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the PA-UAS 

operating manual states: "start every flight with a fully charged battery in the aerial vehicle", and 

that in the event that the PA-UAS should run low on power, the PIC will be alerted and can 

safely land the- PA-UAS as soon as possible. Like the VDOS Grant of Exemption, Prairie 

Aerial's use ofthe PA-UAS, combined with the requirements of Petitioner's Operations 

Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded. 

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. III61), the FAA 

determined that an equivalent level of safety to the fuel requirements for flight in VFR 

conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless 

(considering wind and forecast weather conditions), there was enough power to safely fly at 

normal cruising speed to the intended landing point and land the UA with 25% battery power 

remaining. Prairie Aerial will adhere to this limitation for its PA-UAS flights. 

The PA-UAS includes a low battery warning system and the amount of battery reserve power 

remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from 

the PA-UAS to a ground-based-on-screen display. 20 As required by Prairie Aerial's Operations 

Manuals, the PIC will promptly fly the PA-UAS back to the home launch location or predetermined abort location where it may safely land, while still maintaining a minimum of 25% 

reserve battery power. Prairie Aerial submits that the procedures requiring flights to be safely 

terminated once the batteries fall below 25% capacity, combined with the requirement that 

flights only be conducted within a secure, isolated area, using a UAS weighing less than 55 

pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will 

19Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 

20The PA-UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, 

north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and orientation relative to the UAS. 
VII. PUBLIC INTEREST 

The public interest will be served by granting Prairie Aerial's Petition for Exemption. Congress 

has established a national policy that favors early integration ofUAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act-the FAA Administrator's assessment of whether certain UAS may operate safely in the 

NAS before completion of the statutorily required rulemaking. 

The proposed PA-UAS operations in this Petition for Exemption significantly improves the 

safety and reduces risk of harm, physical injury and property damage to the public at large, the 

property owners from whom permission was granted for use by Petitioner and abutting 

properties, staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant 

organizations and all those who may be in the local vicinity. Traditional methods of inspecting 

and monitoring potential filming locations and relevant sites and facilities requires location 

personnel to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform elevated work for which the individual is neither trained nor equipped to perform, which 

exposes them to unnecessary risk of serious physical injury from dangerous falls or other 

physical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposed to hazardous 

conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sites to be used in film or TV production. 

The use of small UASs can eliminate these hazards and ultimately creating a much safer method 

of performing these types of inspections creating a safer environment for the public as well as 

Prairie Aerial employees. 

The use of small UAS also enhances safety and reduces risk to the surrounding public because, 

unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable 

fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, in the unlikely event of 

an accident, Prairie Aerial's small battery powered P A-U AS presents significantly less danger to 

persons on the ground when compared to operations by conventional manned aircraft. 21 As 

Petitioner's PA-UAS are battery powered, the public will also benefit from a reduction in 

harmful petroleum emissions associated with conventional aircraft performing in the same 

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): "Manned helicopters conducting 

aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other on board 

crewmembers, as necessary. The petitioner's UAs will weigh less than 55 pounds with no onboard pilot or crew. 

The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential 

for harm to participating and nonparticipating individuals or property in the event of an incident or accident. 

Risk to an on board pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial 

filming operation." 
aircraft.

The quality of the finished product is enhanced and provides a greater finished product 

demand which will aid the current UAS industry and provide additional jobs as the cost of 

providing the needed product is greatly reduced while reducing the difficulty with which the 

finished product is created. The demand for the current industrial product is increasing and will 

continue to increase given the enhanced flexibility of production; therefore, given the lower cost, 

owner/operators and others in the relevant industry will be more inclined to utilize the services of 

commercial UAS along with an appropriate licensed PIC's. 

VIII. PRIVACY 

All P A-UAS operations will be conducted in accordance with applicable federal, state, and local 

laws regarding privacy. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

IX. FEDERAL REGISTER SUMMARY 

Pursuant to 14 C.F .R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an 

exemption from the following rules in Title 14 ofthe Code ofFederal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a) (1); 

91.409(a) (1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, 

general public, property owners and city structures from the substantial hazards associated with 

performing equivalent film work and aerial video production with conventional fixed-wing 

aircraft, rotorcraft, or other methods. 

X. CONCLUSION 

Prairie Aerial's Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed PA-UAS 

operations will benefit the public as a whole by improving safety and reducing risk by alleviating 

human exposure to danger while lowering the attendant related costs thereby increasing the 

22See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (F AA-20 14-0794 at 18). 
Todd L. Thorin 

Thorin Enterprises, LLC dba Prairie Aerial 

7801 W. Leah Street 

Sioux Falls, SD 57106 

Phone:(605)366-5480 

Email: todd@prairieaerial.com 

(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments: 

0. MPTOM Motion Picture and Television Operations Manual 

1. General Operations Manual 

2. PIC Operating Manual 

3. Company Protocols 

4. Location Protocols 

5. Flight Communications Protocols 

6. Departing Location Protocols 

7. Transmitter Protocols 

8. Preflight Checklist 

9. Post Flight Checklist 

10. Equipment Checklist 

11. UAS Manufacturer's Manuals 

a. User Manuals 

b. UAS Maintenance Manuals