AERIAL SPECTRUM, 

LLC. 

Attn: David Sprague 

437 Gateford Drive 

Ballwin, MO 63021 

636-391-4060 

Dsprague636@gmail.com

July 20, 2015 

TO: Federal Aviation Administration US Department 

of Transportation Docket Management System 

1200 New Jersey Ave. S.E Washington, 

DC 20590 

Dear Sir or Madam:

Re: Exemption Request Section 333 of the FAA Reform Act Pursuant to section 333 of the FAA Modernization and 

Reform act of 2012 (The Reform Act), and 14 C.F.R. Part 11, AERIAL SPECTRUM, LLC, herby seeks and applies for an 

exemption to the Federal Aviation Regulations (FARs) to allow AERIAL SPECTRUM, LLC to operate Small Unmanned 

Aircraft Systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) under the 

conditions and limitations set forth in this petition. The requested exemption would permit AERIAL SPECTRUM, LLC to 

operate small, unmanned aircraft system (UAS) for the purpose of providing an aerial photography and survey service 

to Municipalities, Utilities & Private consumers. The areas of use will include both photo and video in the Utilities, 

Communications industry, real estate industry, surveying industry, construction industry and agricultural industry. The 

UAS will be operated in airspace that is 1) limited 2) predetermined 3) would provide added safety enhancements to 

the already safe operations in the industry presently using conventional aircraft system” 

Exemption request to section 333 of the FAA Reform Act Plan 11 Specific to UAS operations. 

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91.103; 14 CFR 91.105; 14 CFR 

91.109: 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 

CFR 91.401(a)(1) & (2); 14 CFR 91.417(a) 7 (b).
Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would operate in the following manner: 

• Aerial photography and/or video for public and/or private use including real estate, architecture, 

land surveying, engineering and other related professional activities. 

• Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

• Aerial inspection/photography of residential/commercial utility infrastructure included but not 

limited to electrical power lines, wind turbines and cell towers. 

• Aerial video/photography or providing live video feed to assist with rescue operations in cases of an 

emergency or natural disaster only when the local authorities or government has requested it by 

contract and/or donation. 

• The ability to offer training to persons or individuals belonging to both private and/or public 

organizations that have interests in the use and application of UAS for the purpose of the safe 

operation of a UAS to enhance the safety of national aerospace system (NAS) as well as for 

protection of the persons and property. 

As described fully below, and to be used as FOM (exibit#1), the requested exemptions would permit 

the operation of a UAS under controlled conditions in the NAS that would be a) limited, b) 

controlled, c) predetermined, and d) will provide safety enhancements such as limited exposure to 

flight crew, climbing crews, weight of vehicles, speeds of usage, non-use of volatile fuels, etc. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportations (the FAA administrators) responsibilities to “....establish requirements for the safe

operation of such aircraft systems in the national airspace system. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The primary vehicle to be used will be the DJI Phantom 3 Professional and/or DJI Inspire 1. While 

vehicles may be upgraded as new technological and safety advanced occur the bar for operation 

and safety will be set by DJI Phantom 3 Professional and any new vehicles or versions will exceed 

the current safety and operational standards. No vehicle operated by AERIAL SPECTRUM, LLC will be 

modified from the manufacturers design unless specifically directed by the same manufacturer. 

The operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the flight operations manual include:
Exhibit #1 

• The UAS will weigh less than 55 lbs. 

• The UAS will have a maximum operating speed of no more than 100 mph 

• Flights will be operated within line of sight of the pilot in command and/or visual observer 

• Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 

25% battery power reserve or 30 minutes of flight time whichever occurs first 

• Flights will be operated at altitude of no more than 200 feet above ground level and no more 

than 200 feet above an equivalent platform from which filming is planned. 

• UAS will NOT operate. 

o 5 nautical miles (NM) from an airport having an operational control tower; or

o 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower; or

o 2 NM from an airport without a published instrument flight procedure or an operational tower; 

or

o 2 NM from a heliport with a published instrument flight procedure

• Minimum crew for each operation will consist of the UAS pilot (PIC), the visual observer (VO) and

may include but not limited to a camera operator 

• The UAS pilot will be designated pilot in command and hold either an airline transport, 

 commercial, private, recreational, or sport pilot certificate along with a Current State Driver’s 

License. If the PIC feels another operator to be qualified with the necessary skills to be pilot in 

command and possesses an airline transport, commercial, private, recreational, or sport pilot 

certificate license along with, Current credentials, that person may be designated PIC provided 

they have a minimum of 20 hours of flight time with the UAS. 

• All flights will occur under visual flight rules meteorological conditions (VFR only). 

• The operator will obtain verbal/written consent of all persons involved with the planned 

operations and ensure only consenting persons will be allowed within 100 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required under the FOM. With the advance permission of the FFDO, 

operations at closer range may be approved. 

• The PIC and VO will have been trained in operation of UAS and receive up-to-date information 

for the particular UAS to be operated. 

• The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

• Written and/or verbal permission and permits will be obtained from territorial, state, county or 

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 

• If the UAS loses communications with the remote controller or losses GPS signal, the UAS will 

have the capability to return to a pre-determined location within a designated location and land 

autonomously. 

• The UAS will have the capability to abort a flight and return to designated landing area in case of 

unpredicted obstacles, weather, or emergencies. 

• VO or PIC instructed to switch UAS to automatically return home in event either are 

incapacitated. 
• Briefing will be conducted in regard to the planned SUAVs operations prior to each day's 

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

visual observer/camera operator is present for this briefing. The Operator will review 

weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. The SUAVs and batteries to be used will be 

 safety inspected prior to flight using appropriate checklists. 

https://www.faa.gov/uas/legislative_programs/section_333/how_to_file_a_petition/media/

section333_public_guidance.pdf

As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below

200 feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs less 

than 55 pounds, operations are conducted during daytime Visual Flight Rules (VFR) conditions 

and within visual line of sight (VLOS) of the pilots, and stay certain distances away from 

airports or heliports.

In seeking authorization, petitioners will 

require exemptions from regulations with 

which they cannot fully comply. The table 

below provides guidance regarding 

regulations from which a petitioner may 

require exemption. However, some 

proposed operations may require 

exemption from regulations not listed 

here, while others may not require 

exemption from all regulations listed

here. 14 CFR PART

21, Subpart H Certification procedures for products and 

parts, Airworthiness Certificates

91.103(b)(2) Preflight action

91.105 Flight crewmembers at stations

91.109 Flight instruction

91.119 Minimum safe altitudes

91.121 Altimeter settings

91.151 Fuel requirements for flights in VFR

conditions

91.405 Maintenance required

91.407 Operation after maintenance

91.409 Inspections

91.417 Maintenance
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. Sec 91.203(a)(1)

The UAS will operate @ 55lbs or less (Gross), carries neither a pilot or passenger*, carries no explosive 

materials or flammable liquid fuels*, and operates in within a secured and pre-determined designated 

area, at altitudes not to exceed 200 ft ALT or speeds in access of 100 MPH.

14 C.F.R. Sec 91.105 Flight crew members at station

Exemption may be required, the PIC may not leave his station nor shall VO leave station . In event that 

PIC or VO become incapacitated, UAS is to automatically return to designated landing area, as 

outlined in FOM

14 CFR Sec 91.109 Flight Instruction (Dual Controls)

Requiring that no person shall operate a civil aircraft for flight instruction unless the aircraft has fully 

functioning dual controls. UAS and Remote controlled aircraft by design do not have dual controls, to 

do so on a radio controlled aircraft would lower the ability to safely operate the UAS. This section 

cannot reasonably apply

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

Although exemption from said section cannot benefit nor exceed current stipulations, physical 

limitations of UAV are reality, such as cabins, letter size, etc. The UAV will operate under my control 

with registration lettering sized to fit fuselage in compliance of said section 45.23(b) under conditions 

and or limitations deemed mandatory by FAA . I and my colleges must be held responsible for 

compliancy, on behalf of Public’s safety and shared air space, as well as its need to identify and 

Enforce the accountability and of this growing industry.

14 C.F.R. Sec 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

By current regulations because the applicants UAS does not carry passengers, or property. The use of 

UAS is far less dangerous (weight, speed, Fuel) than the inherent usage of commercial activities 

outlined in 14 CFR.16. The pilot in command shall have a current an airline transport, private, 

recreational, or sport pilot certificate along with a Current State Driver’s license which will equal if 

not exceed safety regulations outlined in 14 CFR

16.113.(a) & (b).

14 C.F.R. Sec. 91.103: Preflight Action:

Exemption is requested due to fact that FAA rotor flight manuals are not available for UAV. The PIC 

will take all actions as stated in FOM, under normal procedures included but not limited to review of 

weather, examination of batteries for flight time analysis, landing and takeoff distances as well as 

flight and aircraft performance in flight.
14 C.F.R. Sec 91.119; Minimum Safe Altitudes

Mandates safe altitude for operation of civil aircraft and allow helicopter to operate less then 

minimums prescribed, providing the person operating helicopter complies with any route with and 

or altitudes prescribed for Helicopter’s by FAA. Being that UAV is of Helicopters standards and 

operation a request for exemption to operate at altitude’s not to exceed 200 AGL or not more than 

200 ft above any elevated platform from which take off is necessary to achieved filming. In the 

event of such particular flight plan, property owners, filming crews and other personnel would all 

be briefed as to safety and conduct procedures during flight. FOB or ATC having jurisdiction in such 

area would have notification and briefing as mandated.

14 C.F.R. Sec 91.121 Altimeter Settings

The requirement of PIC is to use altimeter as means to navigate aircraft to cruise altitudes to and 

from corresponding airports as predetermined in flight plan, unless ordered otherwise. As the UAS 

has no barometric altimeter, but instead uses GPS altitude read out, an exemption would need be 

applied. Per a preflight check list and live flight data monitoring, the altitude of launch site will be 

predetermined and therefore calculated into the UAS- GPS indicator before flight.

14 C.F.R. Sec 91.151(a): Fuel Requirements for Flight in VFR Co

Fuel requirements for flight. The maximum flight time under ideal conditions is 30 minutes with the 

current manufacturers battery pack. The proposed rule under this exemption would require the UAS 

to return to its point of launch if its battery reaches less than 25% provides a higher standard of 

safety when applied to UAS.

14 C.F.R. Sec 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Referring to maintenance, preventive maintenance, and alterations to the UAS. The operator will 

provide minor maintenance and inspection to the UAS, documented as outlined in the 

operational and safety guidelines. Given the size and simplicity of the UAS combined with the 

operational and safety guidelines outlined in this petition the operator can maintain or exceed 

the required level of safety. 

Sincerely 

David L. Sprague L. Sprague L. Sprague 

David Sprague 

Aerial Spectrum, LLC