January 23, 2015 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under 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 C.F.R. Part 11, Aerial Pros LLC (“Aerial Pros”), the operator of small Unmanned 

Aircraft Systems (“sUAS” ), seeks an exemption from the Federal Aviation Regulations 

(“FARs”) listed below and discussed in Appendix A. Attached as Appendix B is a summary of 

this request. 

The requested exemption would permit commercial operation of Aerial Pros sUAS's, which 

weigh between 5 and 15 lbs. and performs precision aerial inspections or surveys that consist 

of still photographs and videography taken by onboard cameras. The sUAS's takes a series of 

high quality, still digital images and video that are used to produce precision references to 

structural integrity of the subject under study. Applications for these sUAS devices and 

associated functions include tall structure inspections including but not limited to smoke 

stacks, flare stacks, cooling towers, storage silos, electrical transmission towers, cell towers, 

unoccupied and unmanned structures, and the like. Additional aerial inspections/survey 

applications may include construction jobsite monitoring, pipeline inspection and precision 

topological surveys. Use of the sUAS for aerial inspections and surveys reduce the need to 

utilize conventional manned aircraft, manned lifting devices or manned climbing for the same 

purpose and provides very high quality imagery at a fraction of the cost. These savings result 

in enhanced safety, efficiency and productivity for the affected activities, as well as 

environmental benefits.

Operations under the exemption will be subject to strict operating requirements and conditions 

to ensure at least an equivalent level of safety to currently authorized operations using 

manned aircraft and under conditions as may be modified by the FAA as required by Section 

333
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As described more fully below, the requested exemption would authorize commercial 

operations of aerial inspections or surveys using the sUAS's, which weigh less than 15 lbs. 

and are small in size. (see the attached O&M manuals for the DJI Inspire and DJI S1000). 

The sUAS's will be operated under controlled conditions at low altitude in airspace that is 

limited in scope, as described more fully herein; it will have automated control features, as 

described below and in the O&M manuals. The sUAS also will be operated by an individual 

who has passed an FAA approved Private Pilots ground training exam, medical certification 

and a required manufacturer’s training program for the sUAS. Finally, the airspace in which 

the sUAS will operate will be Class G airspace or airspace approved by the FAA in 

advance. 

Aerial Pros respectfully submits that because these small, unmanned aerial vehicles will be 

used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary 

conventional aircraft or other manned means of inspections, the FAA can have confidence that 

the operations will achieve at least an equivalent level or greater level of safety. Approval of 

these exemptions would thereby enhance safety and fulfill the Secretary of Transportation’s 

(the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant are:

Aerial Pros LLC

Attn: Eugene Lempicki

Ph: 917-861-7175

Email: glempicki@aerialprosllc.com

Address: 41 Mt Vernon Rd

PO Box 784 

Blairstown, NJ 07825

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

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

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a) & (b). 
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Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest. 

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Aerial Pros submits that grant of this exemption application for use of the proposed UAS's in 

precision aerial inspections will advance the Congressional mandate in Section 333 of the 

Reform Act to accelerate the introduction of UASs into the national airspace system (“NAS”) if 

it can be accomplished safely. This law directs the Secretary of Transportation to consider 

whether certain UASs may operate safely in the NAS before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the NAS or the 

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

•

• The UAS’s size, weight, speed, and operational capability;

Operation of the sUAS in close proximity to airports and populated areas; and

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

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added).1

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 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service: 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 

1 Applicant submits that this provision places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the 

conditions proposed herein require modification in order to allow approval, to supply conditions

for the safe operation of the UAS. Aerial Pros welcomes the opportunity to consult with FAA 

staff in order to address any issues or concerns that this proposal may raise that they believe 

may require modification.

44702-44716 of this title if the Administrator finds the exemption is in the 

public interest.
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49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended;

the strong equivalent level of safety surrounding the proposed operations; and the significant

public benefit, including enhanced safety and cost savings associated with transitioning to 

UASs for aerial inspections and survey photography. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without delay. 

Airworthiness of the sUAS

A critical element of the exemption application involves evidence of the airworthiness of the 

sUAS. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular sUAS. Our small UAS's will operate at low speed in a 

controlled environment, at least five miles from an airport and more than three miles from any 

city or densely populated area. An analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed

wing or helicopter) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

Mandatory Operating Conditions (see O&M and Safety Lists) 

Grant of the exemption to Aerial Pros will be subject to the following mandatory conditions, 

which are based upon operating conditions set forth for operation of sUAS by public 

entities pursuant to Certificates of Authorization, with additional restrictions: 

• All operations to occur in Class G airspace.

• Operations to avoid congested or populated areas, which are depicted in yellow on VFR

charts.

• Operations to be conducted over private or controlled-access property.

• Permission from land owner/controller required before commencing any flight.

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

• Aircraft to remain within Visual Line of Sight (VLOS).

o VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical

miles (NM).

o Cylinder walls may be expanded by observer with ability to control aircraft.

• Operations to occur during daylight hours.

__________________________
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• Above Ground Level (AGL) altitude to be restricted to 400 feet.

• All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline

azimuth of runway centerline measured from runway thresholds.

• 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.

Operator Requirements

Aerial Pros respectfully proposes that operator requirements should take into account 

the characteristics of the particular UAS. Certain UASs, such as the DJI Inspire and 

DJI S1000, are characterized by a high degree of control and various built-in technical 

capabilities that limit the potential for operation outside of the operating conditions set 

forth above. Please see details in the attached O&M manuals. 

Additional automated safety functions and safety enhancing features of the sUAS's include 

the following: 

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate

return to aircraft take-off location ("home")

• Low power on the aircraft triggers escalating alarms at GCS at 35% and 10%

levels.

• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, landing

procedure begins.

• Aircraft to remain within Visual Line of Sight (VLOS).

o VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical

miles (NM).

o Cylinder walls may be expanded by observer with ability to control aircraft.

• Operations to occur during daylight hours.

Given these safety features, Aerial Pros proposes that operators of the sUAS should not be 

required to hold a commercial or private pilot certification. Instead, operators should be 

required to: 

• have successfully completed, at a minimum, FAA private pilot ground school

instruction and passed the FAA Private Pilot written examination or FAA-recognized

equivalents;

• have completed the maufacturer's training or a minimum of 40 hours training

program for operation of the sUAS's.
- 6 - 

 Aerial Pros notes that the FAA has found that safety factors permitted operation of sUASs by 

operators with these qualifications in the case of operations pursuant to public COAs when the 

mandatory operating conditions specified above were present. See Federal Aviation

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the 

requirements for and privileges associated with the grant of airmen’s certificates. 49 USC 

§44701 (f).

* * * 

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A 

to allow commercial operations of a sUAS's conducting precision aerial inspections or surveys. 

Approval of the exemption allowing commercial operations of the sUAS for precision inspection 

and survey work will enhance safety by reducing risk. Conventional aerial inspection and 

survey operations, using jet or piston-powered aircraft present risks associated with vehicles 

that weigh in the neighborhood of 5,000 to 7,000 lbs., or more, carry large quantities of fuel, 

passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location.

Other conventional manned climbing or manned lifts risk safety hazards associated with falls, 

electrical hazards, fuel related hazards, and inhalation hazards associated with the structures 

being inspected. In contrast, a sUAS weighing less than 15 lbs. and powered by batteries 

eliminates a portion of that risk given the reduced mass and lack of combustible fuel carried on 

board a manned aircraft and the lack of risks associated with manned lifts or manned climbing 

apparatus. The sUAS will carry no passengers or crew and, therefore, will not expose any 

individuals to the risks associated with manned aircraft flights, manned lifts or climbing hazards. 

Additionally, no national security issue is raised by the grant of the requested exemptions.

Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no 

explosives or other dangerous materials, the sUAS poses no threat to national security. 
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The operation of the sUAS, weighing less than 15 lbs., for precision inspections or surveys in 

accordance with the strict conditions outlined above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein, including exempting Aerial Pros from 

the requirements of Part 21. 

The sUAS’s satisfaction of the criteria set forth in Section 333 of the Reform Act—size, weight, 

speed, operating capabilities, lack of proximity to airports and populated areas, operation within 

visual line of sight, and national security—and its showing of an equivalent level of safety as it 

may relate to the requirement for FAA training, provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of the sUAS in the 

commercial precision aerial inspection and survey business. 

Very truly yours,

Eugene Lempicki

President

Aerial Pros LLC

Appendix A: Exemption Request and Equivalent Level of Safety Showings 

Under Applicable Rules Subject to Exemption

Appendix B: Operation and Maintenance Manuals:

Appendix C: Safety Checklists

Enclosures:

DJI Inspire O&M Manual

DJI S9000 O&M Manual
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

Aerial Pros requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAS's: 

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

The regulation provides:

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.

The sUAS's has no entrance to the cabin, cockpit, or pilot station on which the word 

“Experimental” can be placed. Given the size of the sUAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the forward fuselage in compliance with 

§ 45.29(f). The equivalent level of safety will be achieved by having the sUAS marked on its

forward fuselage as required by § 45.29(f) where the pilot, observer, and others working with 

the UAV will see the identification of the sUAS as “Experimental.” The FAA has issued the 

following exemptions to this regulation to Aerial Pros, Exemption No. 10700, and to others, 

including Exemption Nos. 8738, 10167 and 10167A. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by Aerial Pros, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. Our small 

sUAS's will be operated at low speed in a controlled environment, at least five miles from an 

airport and more than three miles from any city or densely populated area. An analysis of 

these criteria demonstrates that the sUAS's operated without an airworthiness certificate, in 

the restricted environment and under the conditions proposed will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness 

certificate without the restrictions and conditions proposed.
- 2 - 

The sUAS to be operated hereunder is less than 15 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area. Like other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the operator, pursuant to the Manual's requirements, and under 

the requirements and in compliance with local public safety requirements, to provide security 

for the area of operation as is currently done on active construction sites. The FAA will have 

advance notice of all operations.

These safety enhancements, which already apply to civil aircraft operated in connection with 

construction sites, power plant sites and the like provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and ability to carry an external load no greater than two lbs.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations. 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the sUAS in this case is 

remotely controlled with no passengers or property of others on board. Section 61.133(a) 

requires an individual with a commercial pilot’s license to be pilot in command of an aircraft 

for compensation or hire. Aerial Pros respectfully proposes that operator requirements should 

take into account the characteristics of the particular sUAS. Aerial Pros sUAS has a high 

degree of control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application. 

The sUAS has a navigation and control system comprised of a Ground Control Station (GCS) 

and auto-pilot system. All flights utilize precision GPS guidance. In the case of unplanned 

events, the operator inputs evasive maneuvers from the control unit, and the control unit 

executes that maneuver. Operator interventions include diversion to the right; initiation of 

holding at present position; suspension of mission; fly back to launch point; fly to point and hold; 

abort mission and land; and emergency power cut off and land (Flight Termination System). 

Given these safety features, Aerial Pros proposes that operators of the sUAS should not be 

required to hold a commercial or private pilot certification. Instead, operators should be 

required to: 

• have successfully completed, at a minimum, FAA private pilot ground instruction

and passed the FAA Private Pilot written examination or FAA-recognized

equivalents;

• have completed manufacturer's training program or a minimum 40 hours training

program for operation of the UAS.
- 3 - 

Aerial Pros notes that the FAA has found that safety factors permitted operation of sUASs by 

operators with these qualifications in the case of operations pursuant to public COAs where the 

mandatory operating conditions specified above are present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to 

waive the pilot requirements for commercial operations. 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the sUAS without a private pilot’s certificate or a commercial pilot’s 

certificate, under the conditions set forth herein. 

The risks associated with the operation of the sUAS (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated 

with private pilot operations or commercial operations contemplated by Part 61 with 

conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth 

above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) 

and does not rise to the level of requiring a commercial pilot to operate the aircraft under 

§ 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 

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

condition. Should the exemption be granted allowing commercial operation of the sUAS without 

an airworthiness certificate, no standard will exist for airworthiness of the sUAS. Given the size 

of the aircraft and the requirements that have presumably already been met for the sUAS (for 

instance, the sUAS’s Operations and Maintanence Manual and Safety Manual and Checklist), 

an equivalent level of safety will be achieved by insuring compliance with the Aerial Pros

manuals prior to each flight.

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

The regulation provides: 

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

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. 

(2)

Given the size and configuration of the sUAS, it has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. 
- 4 - 

The equivalent level of safety will be achieved by keeping the flight manual (see, e.g., User 

Guide, Exhibit 4) at the ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued to others the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,

10602, 32827, and 10700.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide 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. 

The sUAS is a remotely piloted aircraft and by design, does not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. If instruction is accomplished through a training 

program, as set forth in Exhibit 2, an equivalent level of safety will be assured. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. 

The equivalent level of safety will be achieved by the manufacturer providing the training as 

outlined, for example, in Exhibit 2 and through the use of experienced and qualified pilots 

familiar with the UX5. 

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to 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 feet to any person, vessel, vehicle, or structure.

As set forth herein, the sUAS will never operate at higher than 400 feet AGL. It will, however, 

be operated to avoid congested or populated areas that are depicted in yellow on VFR 

sectional charts. Because aerial survey work must be accomplished at relatively low altitudes 

and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. 

This regulation requires each pilot in command take certain actions before flight to

ensure the safety of flight. An exemption is needed from this requirement as the pilot will

take separate preflight actions, including checking for weather conditions, checking flight

battery requirements, checking takeoff and landing distances, and all other actions in the

Preflight Checklist in the Manual and safety Checklists. These actions will provide an 

equivalent level of safety.

14 C.F.R. 91.103: Preflight Action
- 5 - 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the sUAS's are built. Also, no flight will be taken without the permission of the land 

owner or those who control the land. Because of the advance notice to the landowner, all 

affected individuals will be aware of the inspection or survey flights. Compared to aerial 

inspection and survey operations conducted with aircraft or rotorcraft weighing far more than 

15 lbs. and carrying flammable fuel, any risk associated with these operations will be far less 

than those currently allowed with conventional aircraft operating at or below 500 feet AGL. 

Indeed, the low-altitude operations of the UAS will maintain separation between these smallUAS operations and the operations of conventional aircraft that must comply with Section 

91.119. 

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

This regulation prohibits an individual from beginning “a flight in an airplane under VFR 

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

to the first point of intended landing and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The sUAS batteries provide approximately 15-40 minutes of powered flight. Without an 

exemption from § 14 CFR 91.151, the sUAS’s flights would be limited to approximately 20 

minutes in length. Given the limitations on its proposed operations and the location of those 

proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. 

Aerial Pros believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of 

a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve 

fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the 

size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo 

also enhances its safety. Additionally, limiting sUAS flights to 20 minutes would greatly reduce 

their utility. In the unlikely event that the sUAS should run out of fuel, it would simply land. 

Given its weight and construction material, the risks are less than contemplated by the current 

regulation. 

Aerial Pros believes that an equivalent level of safety can be achieved by maintaining 10 

minutes of reserve fuel, which, allowing 30 minutes of flight time, would be more than adequate 

to return the sUAS to its planned landing zone from anywhere in its operating area. 

Aerial Pros requests an exemption from 14 C.F.R. 91.121. This Part provides guidelines for 

altimeter use below 18,000 feet mean sea level (“MSL”) in maintaining the cruising altitude or 

flight level of the aircraft. Aerial Pros's operation of the sUAS will not exceed 400 feet AGL and 

will be operated in a fashion that is not a sustained cruising flight such as a manned aircraft will 

typically fly. The ground station has live feedback and GPS information about the sUAS, 

including but not limited to the height of the sUAS, its forward velocity, and compass heading. 

The operator will be able to observe and control the maximum height of the sUAS. Additionally, 

the sUAS will be operated within the line of sight. Therefore, the equivalent level of safety 

provided by Section 91.121 will be met. 

14 C.F.R § 91.121 Altimeter Settings
- 6 - 

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

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . 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.

The sUAS's fully loaded weighs no more than 15 lbs. As such, there is no ability or place to 

carry certification and registration documents or to display them on the sUAS. In addition, 

there is no pilot on board the aircraft. 

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

control point where the pilot flying the sUAS will have immediate access to them. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other exceptions 

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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

Section 91.405(a) requires 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 . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots 

and records of approval of the aircraft for return to service.

Maintenance of the sUAS's will be accomplished by the owner/operator pursuant to the 

manuals, such as Exhibit 3, provided by Aerial Pros. An equivalent level of safety will be 

achieved because the sUAS is small in size, will carry no external payload, will operate only in 

restricted predetermined areas and is not a complex mechanical devise. As provided in the 

attached Maintenance Manual and the Safety Checklist, the operator of sUAS will ensure that 

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

log of any maintenance that is performed. Moreover, the operator is the person most familiar 

with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to 

ensure an equivalent level of safety. 
APPENDIX B

SUMMARY OF TRIMBLE SECTION 333 EXEMPTION REQUEST

Aerial Pros hereby provides pursuant to Part 11 a summary of its exemption 

application to allow commercial operation of the DJI Inspire, DJI S800 EVO and DJI S1000

sUAS's in precision aerial inspection and survey work. An exemption is requested from the 

following regulations: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

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

(b); 14 C.F.R. 61.133(a); 

14 C.F.R. 91.7(b); 

14 C.F.R. 91.9(b)(2); 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & 

(b); 14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a) & (b).
APPENDIX B

Operation and Maintenance Manuals
APPENDIX C

Safety Checklists