PO Box 798

Pleasant Grove, UT 84062

(801) 404-7375

November 7, 2015

U.S. Department of Transportation (DOT)

1200 New Jersey Avenue, SE.

West Building Ground Floor

Room W12-140

Washington, DC 20590-0001

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 CFR Part 11, Advanced Aerial Services, LLC (Applicant), developer, manufacturer and 

operator of the small Unmanned Aircraft Systems (“sUAS”), 1) AAS Inspector IA-1; and, 2)

AAS Surveyor SA-1, and operator of the sUAS DJI Phantom II, DJI Inspire 1 and Trimble UX5 

HP, seeks exemption from certain sections of Title 14, Code of Federal Regulations.

1. SUMMARY

If granted, the requested exemption would permit the safe and legal operations in the U.S. 

National Airspace System (NAS) of the specified sUAS by qualified employees and/or 

contractors of Applicant in controlled conditions in limited, predetermined and monitored

geographic areas and airspace for the purpose of aerial surveying, mapping, data collection, 

inspection, photography and public safety support services to and for industries including, but 

not limited to, oil and gas exploration, exploitation and transmission; mining and materials 

stockpile management; electricity generation and transmission mapping and inspection; flood 

control and waterway navigation management; agriculture and forestry management; geology; 

archeology; and search and rescue - industries already using aerial services and seeking to use 

sUAS for these purposes. Granting the requested exemption would provide significant public 

benefit, as follows:

1. Utilizing sUAS in the performance of hazardous or dangerous tasks heretofore 

performed by human workers has the potential to eliminate or greatly reduce incidents 

of injury-causing accidents.

2. sUAS do not use an onboard pilot or crew, thereby removing the risk to human life in 

the operation of the aircraft, as compared to conventional, manned aircraft.
3. The sUAS that will be operated by Applicant are of a small size (less than 55 pounds, 

including payload), and will be operated in a controlled area and at a safe distance from 

persons and buildings not directly involved in the operations of the aircraft, thereby 

further reducing the risk of injury to persons or property on the ground, as compared to 

the larger, heavier, conventional, manned aircraft.

4. The sUAS that will be operated by Applicant are powered by small electric motors, 

thereby greatly reducing or eliminating fossil fuel consumption and hydrocarbon

pollutants to the Earth and the atmosphere. 

All operations proposed by Applicant will be in adherence to the aircrafts’ Operator’s 

Handbook and applicable FARs, Airworthiness Directives and all other FAA guidelines and 

rules, and will be conducted in a manner as to maintain no less than the same level of safety 

as current manned aircraft operations requirements. And, given that the sUAS proposed to 

be operated by Applicant are of small physical size and weight, are limited to a range of a 

relatively short distance or small area coverage, and are limited to carrying a relatively 

small, lightweight payload, granting of this request poses no threat to national security.

2. NAME, PHONE, EMAIL and ADDRESS OF APPLICANT

Name: Advanced Aerial Services, LLC

Phone: (801) 404-7375

Email: dwhitten@aascontact.com

Address: PO Box 798

Pleasant Grove, UT 84062

3. F.A.Rs FROM WHICH EXEMPTION IS REQUESTED

14 CFR §§ 45.23(b), 61.113(a), 91.7(a), 91.9(b)(2), 91.109, 91.119(c), 91.121, 91.151(a)(1),

91.203(a)and(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1)and(2), 91.417(a)and(b)

14 CFR § 45.23(b): Marking of the Aircraft

The regulation requires: 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.

*Applicant requests partial relief from the regulation, due to the fact that the sUAS that will be 

operated by Applicant if this exemption is granted will have no entrance to the cabin, cockpit or pilot 

station. To ensure a level of safety at least equal to that required by the regulation, Applicant’s sUAS will 

display the aircraft registration number on the aircraft in a conspicuous location in the largest letters the 

aircraft will accommodate.

14 CFR § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

The regulation requires that: (a), No person who holds a private pilot certificate may act as a 

pilot in command of an aircraft that is carrying passengers or property for compensation or hire. 

*Applicant requests full relief from the regulation, due to the fact that the sUAS that will be 

operated by Applicant if this request for exemption is granted do not have onboard pilots; nor do they 
carry passengers or property. The Applicant will ensure that an equal level of safety as is required by the 

regulation is maintained by employing only trained, qualified and competent pilots.

14 CFR § 91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. 

*Applicant requests full relief from the regulation, as the sUAS proposed to be operated by 

Applicant are less than 55 pounds in total weight and are not capable of speeds in excess of 100 mph. 

Therefore, no airworthiness certificate will be required to be issued for the aircraft if exemption is 

granted. To ensure airworthiness and a level of safety at least equal to that of civil aircraft operating 

under the regulation, Applicant will require that the pilot in command, prior to each flight, use a 

preflight checklist specific to the particular sUAS to verify that all systems and components of the sUAS

are in proper working order and that the aircraft is in airworthy condition.

14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides that no person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. 

*Applicant requests full relief from the regulation, due to the fact that the small size of the sUAS 

proposed to be operated by Applicant does not permit the facility to carry a flight manual on or within 

the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control station, where the pilot in command will have immediate access. 

14 CFR § 91.109: Flight Instruction.

The regulation provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. 

*Applicant requests full relief from the regulation, because the sUAS proposed to be operated 

by Applicant do not typically have fully functional dual controls. The FAA has approved exemptions for 

flight instruction for aircraft without fully functional dual controls. Applicant requests that the same 

consideration be given in this case. The equivalent level of safety is provided by the fact that the sUAS 

proposed to be operated by Applicant is small in size, will be operated in controlled areas at a safe 

distance from persons not directly involved in the operations, and carries neither a pilot nor passengers.

14 CFR § 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas.

The regulation establishes safe altitudes for operation of civil aircraft and specifies that the 

aircraft may not operate below an altitude of 500 feet of the surface, except over open water or 

sparsely populated areas. 

*Applicant requests full relief from the regulation, because FAA regulations restrict Small 

Unmanned Aircraft flight to no higher than 400 feet above ground level. An equivalent level of safety is 

provided by strict adherence to all FAA regulations.

14 CFR § 91.121 Altimeter Settings.

The regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." 
*Applicant requests full relief from the regulation, because the sUAS proposed to be operated 

by Applicant employ GPS for altitude reference, such system not facilitating the “setting” of the 

altimeter. An equivalent level of safety will be achieved by the pilot in command using a safety check list

that includes confirmation of proper GPS operation and accurate altitude reporting prior to takeoff, and 

by visual observation and live flight altitude data monitoring during flight.

14 CFR § 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

The regulation, (a) prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that 

for at least 30 minutes; or {2} At night, to fly after that for at least 45 minutes." 

*Applicant requests partial relief from the regulation, because the sUAS proposed to be 

operated by Applicant use electric battery power, which typically do not provide enough energy to 

include an additional 30 minutes of flight beyond the intended landing; and, FAA regulations prohibit 

night flight of the type of UAS proposed to be operated by Applicant. An equivalent level of safety is 

provided by the fact that the operation of the sUAS will not occur at night, will be of relatively short 

duration, within relatively small areas, at relatively low altitudes (below 400 AGL), within line of sight of 

the pilot in command and visual observer, and with live telemetry data monitoring that includes battery 

condition. The sUAS flight control system includes the ability to program the aircraft to either return to 

the launch area or auto-land upon reaching a prescribed battery charge level. Such battery charge level 

program parameters will be set for each flight, so as to maintain a margin of safety commensurate with 

the flight area and conditions.

14 CFR § 91.203(a)and(b): Carrying Civil Aircraft Certification and Registration

The regulation provides,

(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.

*Applicant requests full relief from the regulation, due to the size of the sUAS proposed to be 

operated by Applicant, in which there is no facility to display or carry certification and registration 

documents onboard. An equivalent level of safety will be achieved by keeping all such documents at the 

ground control station, where the pilot in command and/or operations manager will have immediate 

access and will make them available to authorities upon request. 

14 CFR § 91.405(a); 407(a)(1); 409(a)(1)and(2); 417(a)&(b): Maintenance Inspections.

These regulations require that an aircraft operator or owner "shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ," 

and others shall inspect or maintain the aircraft in compliance with Part 43. 

*Applicant requests full relief from these regulations, as they apply only to aircraft with an 

airworthiness certificate, and, if exemption is granted, they will not apply to the sUAS proposed to be 

operated by Applicant. An equivalent level of safety will be achieved by the operator ensuring that the 

sUAS is in proper working order prior to initiating flight, performing required maintenance per the flight 

manual and operating handbook, and by keeping a log of any maintenance performed. 

4. EQUIVALENT LEVEL OF SAFETY PROVISIONS
1. The sUAS, including payload, will weigh less than 55 lbs. 

2. Flights will be operated in daylight hours, only, and within line of sight of the pilot in command 

and the visual observer. 

3. Flights will be terminated at 20% battery power reserve, thereby permitting ample time to 

either return to the launch area or land in a safe location.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL). 

5. Minimum crew for each operation will consist of the Pilot in Command (PIC) and the Visual 

Observer (VO). Each flight will follow pre-determined parameters, and a preflight briefing will be 

performed regarding each flight. 

6. Prior verbal or written consent will be obtained from the owner/s of any property over which a 

flight is planned, and from governmental or other agencies as appropriate. 

7. The PIC will have been trained and proven proficient in the operation of the particular sUAS. 

8. The VO will have been trained and proven proficient in seeing and avoiding other aircraft or 

other potential hazards, and communicating any such to the PIC.

9. The PIC and VO will be able to communicate verbally at all times. If the small UAS loses 

communications or loses GPS signal, it will have the capability to return to a pre-determined 

location within a designated location and land autonomously. 

10. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 

or emergencies.

5. PROPOSED SMALL UAS INFORMATION

 AAS Inspector IA-1

 Manufacturer: Advanced Aerial Services, LLC

 Airframe Type: Quadcopter (four propeller, helicopter-type)

 Airframe Dimensions: 52” diameter (measured diagonally from propeller tip-to-tip) x 

18.5” high

 Airframe Weight EMPTY (including battery and propellers): ~10.7 lb

 Airframe Weight W/MAXIMUM PAYLOAD: ~13.5 lb

 Maximum Forward Speed: ~25mph

 Maximum Vertical Speed (Ascent): ~13 fps

 Maximum Vertical Speed (Descent): ~6.5 fps

 Maximum Altitude: 400’ AGL (mandated by FAA)

 Power: 4 electric motors powered by LiPo battery

 Flight Duration (Unloaded) w/ 20% Remaining Battery Life: ~45 minutes*

 Flight Duration w/Maximum Payload & 20% Remaining Battery Life: ~25 minutes*

 Flight Controller: FCC compliant wireless radio operating at 2.400GHz – 2.483GHz

 Lost Link Control: Programmable to either return to launch area or auto-land

 GeoFence Capability: Programmable limits that can be set to a specific geographic 

area, distance from launch area, flight time, or altitude

 Low Battery Power Actions: Programmable to either return to launch area or autoland

 AAS Surveyor SA-1

 Manufacturer: Advanced Aerial Services, LLC

 Airframe Type: Hybrid Quadcopter (four propeller, helicopter-type) and Fixed Wing

 Airframe Dimensions: Wingspan – 102.25”; Wing Depth: 40.25”; Height: 22.5” 
 Airframe Weight EMPTY (including battery and propellers): ~12.5 lb

 Airframe Weight W/MAXIMUM PAYLOAD: ~15.4 lb

 Maximum Forward Speed: ~65mph

 Maximum Vertical Speed (Ascent): ~8 fps

 Maximum Vertical Speed (Descent): ~4 fps

 Maximum Altitude: 400’ AGL (mandated by FAA)

 Power: 4 electric motors powered by LiPo battery

 Flight Duration (Unloaded) w/ 20% Remaining Battery Life: ~75 minutes*

 Flight Duration w/Maximum Payload & 20% Remaining Battery Life: ~45 minutes*

 Flight Controller: FCC compliant wireless radio operating at 2.400GHz – 2.483GHz

 Lost Link Control: Programmable to either return to launch area or auto-land

 GeoFence Capability: Programmable limits that can be set to a specific geographic 

area, distance from launch area, flight time, or altitude

 Low Battery Power Actions: Programmable to either return to launch area or autoland

 DJI Phantom II

 Manufacturer: DJI

 Airframe Type: Quadcopter (four propeller, helicopter-type)

 Airframe Dimensions: Diagonal Length -350mm; Height – 190mm

 Airframe Weight EMPTY (including battery and propellers): ~2.2 lb (~1000 grams)

 Airframe Weight W/MAXIMUM PAYLOAD: ~2.9 lb (~1300 grams)

 Maximum Forward Speed: ~33.5mph (~15m/s)

 Maximum Vertical Speed (Ascent): ~19.7 fps (~6m/s)

 Maximum Vertical Speed (Descent): ~6 fps (~2m/s)

 Maximum Altitude: 400’ AGL (mandated by FAA)

 Power: 4 electric motors powered by LiPo battery 

 Flight Duration (Unloaded) w/ 20% Remaining Battery Life: ~25 minutes

 Flight Duration w/Maximum Payload & 20% Remaining Battery Life: ~13 minutes

 Flight Controller: FCC compliant wireless radio operating at 2.400GHz – 2.483GHz

 Lost Link Control: Programmable to either return to launch area or auto-land

 GeoFence Capability: Programmable limits that can be set to a specific geographic 

area, distance from launch area, flight time, or altitude

 Low Battery Power Actions: Programmable to either return to launch area or autoland

 DJI Inspire 1

 Manufacturer: DJI

 Airframe Type: Quadcopter (four propeller, helicopter-type)

 Diagonal Distance Motor Centers: 22 to 22.9 in. (559 to 581mm)

 Frame Measurements: 17.25x17.75x11.85 in. (438x451x301mm)

 Airframe Weight (including battery, camera and propellers): ~6.47 lb (~2935 grams)

 Airframe Weight W/MAXIMUM PAYLOAD: ~6.8 lb (~3084 grams)

 Maximum Forward Speed: ~49.2mph (~22m/s)

 Maximum Vertical Speed (Ascent): ~16.4 fps (~5m/s)

 Maximum Vertical Speed (Descent): ~13.1 fps (~4m/s)
 Maximum Altitude: 400’ AGL (mandated by FAA)

 Power: 4 electric motors powered by LiPo battery 

 Flight Duration (Unloaded) w/ 20% Remaining Battery Life: ~18 minutes

 Flight Duration w/Maximum Payload & 20% Remaining Battery Life: ~15 minutes

 Flight Controller: FCC compliant wireless radio operating at 2.400GHz – 2.483GHz

 Lost Link Control: Programmable to either return to launch area or auto-land

 GeoFence Capability: Programmable limits that can be set to a specific geographic 

area, distance from launch area, flight time, or altitude

 Low Battery Power Actions: Programmable to either return to launch area or autoland

 Trimble UX5 HP

 Manufacturer: Trimble

 Airframe Type: Fixed Wing

 Airframe Dimensions: Wingspan – 39.4”; Wing Depth – 25.6”; Height – 4.1”

 Airframe Weight: ~6.4 lb (~2903 grams)

 Airframe Weight W/MAXIMUM PAYLOAD: ~6.4 lb (~2903 grams)

 Maximum Forward Speed: ~53mph (~85kmh)

 Maximum Altitude: 400’ AGL (mandated by FAA)

 Power: 1 electric motor powered by LiPo battery 

 Flight Duration w/ 20% Remaining Battery Life: ~40 minutes

 Flight Controller: FCC compliant wireless radio operating at 2.400GHz – 2.483GHz

 Lost Link Control: Programmable to either return to launch area or auto-land

 GeoFence Capability: Programmable limits that can be set to a specific geographic 

area, distance from launch area, flight time, or altitude

 Low Battery Power Actions: Programmable to either return to launch area or autoland

6. CONCLUSION

The utilization of UAS offers the potential of providing a host of benefits to our citizenry, making them 

safer and more productive. The aircraft proposed for use by Advanced Aerial Services, LLC allow safe, 

cost-effective acquisition of data that might otherwise be inaccessible or cost-prohibitive by the usual 

means, thereby permitting such work in hazardous conditions and areas in a way that greatly mitigates 

the risks to personnel.

By granting this exemption, the FAA Administrator will be fulfilling the Congressional mandate of the 

FAA Modernization and Reform Act of 2012. Approval of the exemption is in the public interest for it will 

reduce the need for persons on the ground to enter hazardous areas, and will benefit the economy by 

facilitating a means by which such services can be provided at a lower cost to industry and at a lower 

risk to insurers. 

Sincerely,

Donald L. Whitten, Jr.

Co-Owner,

Advanced Aerial Services, LLC