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 t o S ection 333 of the FAA M odernization and Reform A ct o f 201 2 (t he “Reform A ct”)

and 14 C.F.R. P art 11

, Aerial Pros LLC (“ Aerial Pros ”), t he oper ator o f small Unmanned

Aircraft System s ( “ s UAS” ), s eeks an ex empti on from t he Federal Aviation Regulations ( “FARs”) l isted bel ow and discussed in Appendix A

. Attached as Appendix B i s a summary of

t his r equest.

The re que sted ex emption would permit commercial oper ation of Aerial Pros sUAS's, which weigh between 5 and 15 lbs. and performs p recision aerial inspections or surveys that consist

of s till photographs and video graphy taken by onboard cameras. The sUAS's takes a series of high quality, still digital images and video that are u sed to produc e p recision references to

structu ral integr ity of the s ubject under study. Applications for t hese sUAS devices and

associated functions i nclude tall structure inspections including but not limited to smoke stacks, flare st acks, cooling towers, storage silos

, electrical transmission towers, cell towers, unoccupied and unmanned structures, and the like. Additional aerial inspections/survey applicati ons may include construction jobsite mo nitoring, pipeline inspec tion and precision topological surveys. Use of the sUAS for aerial inspections an d surveys reduce the need to

utiliz e conventional manned aircraft

, manned lifting dev ices or manne d climbing for t he same

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

i n enhanced safety

, efficiency and productivity for the a ffected 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- 2 -

As described mor e fully below, the r equested exemption would authoriz e commercial operations of aerial inspections or surveys us ing the sUAS's, whic h weigh less than 15 lbs.

and are smal l in size. (s ee the attached O&M manuals for the DJI Inspire and DJI S1000).

The s UAS's will be operated under c ontrolled conditions at low altitude in airspace that is

l imited i n s cope, as des cribed more fully herein; it will hav e automated control features, as des cribed below and in the O&M manuals

. The sUAS als o will be operated by an individual

w ho has passed an FAA approv ed Private Pilots ground training exam

, medical certification

and a required manufacturer’s training program for t he sUAS. Finally, the airspace i n whic h

the sUAS will oper ate will be Class G airspace or airspace approved by the FAA i n advance.

Aerial Pros respectfully submits that becaus e th ese small, un manned aerial vehicle s w ill b e used in lieu of comparatively hazardous operations now conducted wit h fixed wing and rotary

conventional aircraft or other manned means of inspections, the FAA c an hav e confidence that

the operations will ac hieve at least an equivalent level or g reater level of safety. Approval of

th ese ex emption s would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under S ection 333(c) o f t he Reform A ct to “establish requirements for

t he s afe operati on of s uch aircraft systems i n the national airspac e system.”

The name and address of the applicant are:

Aeri al P ros LLC

Attn: Eugene Lempicki

Ph: 917-861-7175

Email: glempicki@aerialprosllc.com

Address: 41 Mt Vernon Rd

PO Box 784

B l airstown, NJ 07825

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

14 C.F .R. P art 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).- 3 - 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 applicati on for u se of the proposed UAS 's i n precision aer ial i nspections will adv ance t he Congressional m andate in Section 333 of t he

Reform A ct to ac celerate the introduction of UASs into the national airspace system ( “NAS”) i f

it can be accomplished safely. This law directs t he Secretary of Transportati on t o consider

whether c ertain UASs may operate safely i n the NAS before c ompletion of the rulemaking required under S ection 332 of the Reform Act. I n making this determination, the Secretary is requir ed to determine which types of UASs do not create a haz ard to users of the NAS or t he public or pose a threat to national security i n light of t he following:

• • The UAS’s size, weight, speed, and operational capability; Operati on of t he s UAS i n c los e proximity t o airports and populat ed 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 t he 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 t hos e regulations r equiring commercial pi lots to operate ai rcraft i n 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 pr ovision places a duty on the Adminis trator to not only process applications for

e xemptions under

S ection 333, but for

t he Administrator, if he deems the

conditions pr oposed her ein requir e modification in order t o allow appr oval, t o supply co ndi tions

for t he sa fe oper ation of the UAS

. Aerial Pros welc omes the opportunity t o consult w ith FAA

st aff in order t o addr ess any i ssues or co ncerns that t his pr oposal may r aise t hat they bel ieve

may require modification. 44702

- 44716 of this title if the Administrator finds the exemption is in the public interest.- 4 - 49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

The grant of t he request ed exempti on is in the public interest based on the clear directi on in

Secti on 333 of t he Reform Act; the additional authority i n the Federal Aviati on Act, as amended;

t he stron g equivalent level of safety surroundin g t he proposed operations; and the significant public benefit, including enhanc ed safety and cost savings associated wit h transitioni ng to

UASs f or a erial inspections and survey photography. Accordingly, t he applicant respectfully requests that t he FAA grant the request ed exempti on without delay.

Airworthiness of

t he sUAS

A c ritical element of the exemption application involves ev idence of the airworthiness of the

sUAS. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of t he Reform Act both authorize the FAA to exempt aircraft from the requirement for an ai rworthiness certificate, upon consideration of

t he size, weight, speed, operational capability, and proximity t o airports and populated areas of

t he particular s UAS. Our small UAS 's will op erate at lo w speed in a controlled environment, at le ast five miles from an ai rport and more than three miles from any city or d ensely populated area. An analysis of t hese criteria demonstrates t hat the UAS operated without an ai rworthiness certificate, in t he restricted environment and under the conditions proposed will be at le ast as s afe, or

s afer, than a conventional aircraft (fixed wing or he licopter) operating with an ai rworthiness certificate without the restrictions and conditions proposed.

Mandatory Operating C onditions (see O&M and Safety Lists )

Grant of the ex emption to Aerial Pros will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of s UAS by public entities pursuant to Certificates of Authorization, with additi onal 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.



### __________________________- 5 - • 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 o r city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

Operator Requirements

Aerial Pros respectfully proposes that operator requirements shoul d take int o account

the characteristic s of the particular UAS. Certain UASs, such as the DJI Inspire and DJI S1000, are c haracterized by a high degree of control and various built -in te chnical

c apabilities that limit t he potential for o peration outs ide of the operating conditions set

forth above. Pleas e s ee details in the attac hed O&M manuals.

Additional automat ed safety functions and safety enhancing features of th e sUAS's incl ude

the following:

• Auto -p ilot de tection o f l ost GPS o r

o f i nsufficient s atellites i nitiates a n immediate return to aircraft take-off location ("home")

• Low power on the aircraft trigg ers 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 t hat ope rators o f the sUAS s hould not be

r equired to hold a c ommercial or private pilot c ertification. Instead, oper ators s hould be requir ed to:

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

instruction and passed the FAA Private Pilot written examination or FAA -r ecognized equiv alents;

• hav e complet ed the maufacturer's training or a minimum of 4 0 hours training

program for

operation of the sUAS's.- 6 -

Aerial Pros notes that t he F AA has f ound that s afety factors per mitted operation of sU ASs by operators w ith these qualifications i n t he c ase o f operations pu rsuant to public C OAs w hen the mandatory oper ating conditions s pecified above were present. S ee Federal A viation Administration, No tice N -8 900.227, U nmanned A ircraft S ystems (UAS) O perational A pproval, a t

20 -2 1 (July 30, 2013 ). The FAA has t he statutory aut hority t o grant ex emptions t o t he requirements for

and pr ivileges as sociated with th e grant o f ai rmen’s c ertificates. 4 9 USC
§44701 (f).

* * *

In summary, appl icant s eeks an exempti on from t he FARs s et forth abov e and in Appendix A

t o allow c ommercial oper ations o f a sUAS's conducting precision aerial inspections or s urveys.

Approval of the ex emption allowing c ommerc ial operations of the sUAS for p recisi on inspection

and s urvey work will enhanc e safety by r educing risk. Conventional aerial inspection and

survey operations

, us ing jet or piston -pow ered aircraft present risks associat ed with vehicles

that w eigh in the nei ghborhood of 5, 000 to 7,000 lbs., or m ore, carry larg e quantities of fuel,

passengers, and, i n some cases, cargo. Suc h aircraft must fly to and from t he survey loc ation.

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

electrical hazards, fuel related haz ards, and inhalation hazards associated with the structures being ins pected. I n contrast, a sUAS weighing less than 15 lbs. and power ed by batteries

eliminates a portion of that risk given t he reduc ed mass and lack of combustibl e fuel carried on board a manned aircraft and the lack of risks as s ociated with manned lifts or manned c limbing apparatus. The sUAS will carry no pas sengers or c rew and, therefore, will not ex pose any individuals t o the risks as sociated with manned aircraft flights, manned lifts or climbing hazards.

Additionally, no national security i ssue is rais ed by t he grant of the r equested exemptions.

Given the size, l oad carrying capacity, speed at which it operates, and th e fact that it c arries no explosives or other dangerous materials

, the sUAS poses no threat to national security.- 7 -

The oper ation of

t he sUAS, w eighing less t han 15 l bs., for p recisi on inspections or surveys i n accordance with the strict c onditions o utli ned above, w ill pr ovide an equivalent l evel of s afety

s upporting the grant o f

t he ex emptions requested herein, i ncluding exempting Aerial Pros from

t he requirements o f Part 21.

The sUAS ’s s atisfacti on of t he c riteria set forth in S ection 333 of the R efor m Act —s ize, w eight, speed, ope rating capabilities, l ack o f pr oxim ity t o airports and populat ed areas, ope ration w ithin

visual l ine of

si ght, a nd national se curity —an d its showing o f an e quivalent l evel of sa fety as i t

may r elate t o t he r equirement for FAA training, pr ovide mor e than adequat e justificati on for t he grant o f t he r equested exemptions al lowing c ommercial oper ation of the sUAS i n the

commercial pr ecision aerial inspection and su rvey busi ness.

Very truly y ours,

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 ManualAPPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Aerial Pros requests an exempti on from t he following r egulations as w ell as a ny addi tional regulations that m ay technically appl y t o the operation of t he sUAS's:

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

The reg ulation 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 n o entrance to t he c abin, c ockpit, o r pi lot s tation on w hich the word “Experimental” c an be placed. Given the size of the sUAS

, t wo -in ch lettering w ill be impossible. The w ord “Experimental” w ill be placed on t he forwar d fuselage i n compliance wit h § 45.29(f) . T he e quivalent l evel of s afety w ill be achieved by hav ing t he sUAS m arked on its forward fuselage as r equired by § 45.29(f) w her e the pilot, obs erver, and o thers w orking with

the UAV will s ee the identificati on of the s UAS as “ Experimental.” The FA A has issu ed the

f ollowing exemptions t o t his r egulation to Aerial Pros

, E xemption No. 10700

, and to others,

i ncluding Exemption Nos. 873 8, 1 0167 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 c ertificates as required by FAR §91.203 (a) (1). Given the size and

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

from Part 21 Subpart H meets the requirements of an equivalent lev el 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 authoriz e the FAA to exempt aircraft from the requirement

for an airworthiness certificate, upon consideration of the siz e, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. Our small

s UAS '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 dens ely populated area. An analysis of

these criteria demonstrates that the s UAS '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 1 5 lbs. fully loaded, c arries neither a pilot nor passenger, carries no ex plosiv e materials or flammable liquid fuels, and operates exclusively

within a secured area. Like other civil airc raft, 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 c urrently 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) l imit p rivate pilots to non -co mmercial oper ations. Unlike a

c onventional aircraft that c arries a pi lot, pas sengers, and cargo, the sUAS in t his case is

r emotely c ontrolled with no passengers or pr operty of

ot hers on board. Section 61.133(a) requires an individual with a commercial pi lot’s license to be pi lot i n command of an ai rcraft

for c ompensation or

hi re. Aerial Pros respectfully pr oposes t hat oper ator r equirements s houl d

take i nt o account the character istics o f t he par ticular

sU AS. Aerial Pros sUAS has a hi gh

de gree o f control and v arious bui lt -in technical c apabilities that s trictly l imit t he pot ential for

oper ation outside of the operating conditions s et forth i n the ex emption application.

The sUAS has a nav igation and c ontrol s ystem c omprised of a Ground C ontrol Stati on (GCS)

and aut o -p ilot s ystem. A ll flights utilize precision GPS guidance

. In the cas e of unpl anned
events, the oper ator

i nputs evasive maneuvers from t he control uni t, and the c ontrol u nit

ex ecutes that maneuver. Operator i nterventions i nclude diversion t o t he right; i nitiation of

hol ding at present pos ition; suspension of m ission; fly bac k t o l aunch point; fly t o point and hold;

abor t m ission and l and; and emergency pow er c ut o ff and land (Flight T erminati on System).

Given these safety features, Aerial Pros proposes t hat ope rators o f the sUAS s hould not be

r equired to hold a c ommercial or private pilot c ertification. Instead, oper ators s hould 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;

• hav e complet ed manufacturer's training program or a minimum 4 0 hours training

program for operati on of t he UAS.- 3 -

Aerial Pros notes that t he F AA has f ound that s afety factors per mitted operation of s UASs by operators w ith these qualifications i n t he c ase o f operations pu rsuant to public C OAs w her e the mandatory oper ating conditions s pecified above are present. S ee Federal A viation Administration, No tice N -8 900.227, U nmanned Airc raft S ystems (UAS) O perational A pproval, a t

20 -2 1 (July 30, 2013 ). The FAA has t he s tatutory authority, g ranted at 49 U.S.C.§44701(f) t o waive the pilot r equirements for c ommercial oper ations.

Given these conditions a nd restrictions, an e quivalent l evel of s afety w ill be provided by

al lowing operation of the sUAS w ithout a pr ivate pilot’s c ertificate or a c ommercial pi lot’s

c ertificate, under

t he conditions s et forth herein.

The r isks as sociated w ith the oper ation of t he sUAS (given its s ize, s peed, operational capabilities, and lack o f c ombustibl e fuel) a r e so diminis hed from t he l evel o f risk as sociated with private pilot ope rations or c ommercial oper ations c ontemplated by P art 61 w ith

conventional ai rcraft (fixed wing or r otorcraft), that al lowing oper ations o f the UAS as s et forth

above meets or

ex ceeds t he pr esent l evel o f safety pr ovided unde r 1 4 C .F.R

. § 61.113(a) & ( b)

and does no t ris e t o the level of requiring a c ommercial pi lot t o oper ate t he ai rcraft under § 61.133(a).

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

This regulati on requires that no person may oper ate a civil aircraft unless it is i n airworthy

condition. Should the ex emption be granted allowing commercial oper ation of the s UAS without

an airworthiness certificate, no standard will exis t for a irworthiness of the sUAS

. Given the size

of t he aircraft and t he requirements that hav e presumably already been met for t he s UAS (for

ins tance, the sUAS ’s Operations and Maintanence Manual and Safety Manual and Checklist), an equivalent lev el of safety will be achieved by ins uring c ompliance with t he Aerial Pros

manuals prior

t o 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, i t ha s no ability or pl ace t o c arry s uch a flight manual on the ai rcraft, n ot onl y bec aus e there i s no pilot on board, bu t be cause there is no room or c apacity t o c arry s uch an i tem on t he ai rcraft.- 4 -

The e quivalent l evel of

s afety w ill be achieved by k eeping t he flight m anual ( see

, e.g.

, U ser Guide, E xhibit 4) at t he ground control poi nt w here the pi lot flying the sU AS w ill hav e immediate access to it. The FA A h as i ss ued t o ot hers t he following ex emptions t o t his

r egulation: Exemption Nos. 8607

, 8737

, 8 738, 92 99, 9299A

, 9565

, 9565B

, 10167, 10167A

, 10602, 32827

, and 1070 0.

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 i s a r emotely pi loted aircraft and by des ign, does not hav e fully functional dual

controls. Flight c ontrol i s ac complis hed throug h t he us e of a c ontrol box that communicates

w ith the aircraft v ia radi o c ommunications. If i nstruction is ac complished through a t raining

program, as s et forth in Exhibit 2, an e quivalent l evel of safety w ill be assured. The FA A has

appr oved exemptions for f light t raining without fully f unctional dual c ontrols for a num ber

o f

ai rcraft and for

f light instruction in ex perimental aircraft. See Exemption Nos. 5778K & 9862A

. The e quivalent l evel of

s afety w ill be achieved by t he manufacturer pr oviding t he training as out lined, for

ex ample, i n Exhibit 2 and throug h the us e of ex perienc ed and qualified pilots

familiar w ith 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 s et forth her ein, the sUAS will nev er oper ate at higher

t han 400 feet A GL. It w ill, how ever, be operated t o av oid congested or popul ated areas that a re depicted in yellow on VFR

s ectional 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 e quivalent l evel of

s afety w ill be achieved given the s ize, w eight, s peed, and m aterial w ith

which the sUAS's are bui lt. Also, no flight w ill be taken w ithout t he per mission of the land

owner o r those who control the land. Because of the adv ance notice t o t he l andowner, al l

a ffected individuals will be aware of the inspection or survey f lights. Compared t o aer ial inspection and s urvey oper ations conducted with aircraft or r otorcraft weighi ng far

m ore t han

15 lbs. and c arrying flammabl e fuel, any r i sk associated with these operations w ill be far l ess than those c urrently al lowed with conventional aircraft ope rating at or b elow 500 feet A GL. Indeed, the low -a ltitude operations o f the UAS w ill maintain separation between these s mall

UAS oper ations and the operations o f c onventional aircraft t hat m ust comply wit h 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 unl ess (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 tha t for at least 45 minutes.”

The sUAS bat teries pr ovide approximately 15-40 minutes o f pow er ed flight. Without an exemption from § 14 CFR 91 .151, the sUAS’s flights w ould be limit ed to approximately 20

minutes i n length. Given the limitations on i ts p roposed operations a nd the location of those proposed operations, a longer t ime frame for

f light i n daylight V FR c onditions i s reasonable.

Aerial Pros believes t hat an exempti on from 1 4 CFR § 91.151(a) i s s afe and within the scope of

a p rior e xemption. See Exempti on 10673 ( allowing Lockheed M artin Corporation to oper ate

without c ompliance with 91.151(a)). Operating the small U AS, w ithout 30 minutes o f r eserve fuel does no t en gender t he type of

r isks that S ecti on 91.151(a) w as m eant t o pr event given the size and speed at w hich the UAS ope rates. The fact that i t c arries no pi lot, pas senger, o r c argo also enhances i ts s afety. Additionally, l imiting sUAS flights t o 20 minutes w ould greatly r educe

their u tility. In the unlikely ev ent t hat t he sUAS s hould run out o f fuel, i t w ould simply l and.

Given its w eight and c onstruction material, t he r isks ar e l ess than contemplat ed by t he current regulation.

Aerial Pros believes t hat an equivalent l evel of s afety c an be ac hieved by m aintaining 10

minutes o f reserv e fuel, w hich, al lowing 30 m inutes o f flight time, w ould be mor e tha n adequate

t o r eturn the sUAS to its pl anned landing z one from any where in its ope rating a rea. 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 l oaded weighs no more t h an 15 l bs. As s uch, t here i s no ability or pl ac e to

carry certification and registration documents or t o di splay t hem on the sUAS. I n addition,

t here i s no pilot on board the aircraft.

An equi val ent l e vel o f

s afety w ill be achieved by k eeping these doc uments at t he ground

c ontrol point w here the pi lot flying the s UAS w ill hav e immediate access t o them

. The FA A has

i ssued numerous ex emptions t o t his regulation. A r epresentative sample of other e xceptions

i ncludes Exemption Nos. 956 5, 9 665, 9789

, 9789A

, 9797

, 9797A

, 9816A

, a nd 10700.

14 C.F .R. § 91.405(a); 4 07(a) (1); 4 09(a)(2); 4 17(a) & (b): Maintenance Ins pec tions

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 worth iness 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.

Maintenan ce of

t he sUAS's will be accomplished by t he owner/operator p ursuant t o t he manuals, such as E xhibit 3, p rovided by Aerial Pros. An e quivalent lev el of s afety w ill be

achieved because the sUAS i s sm all i n size, will c arry no external pay load, w ill oper ate onl y i n restricted predetermined areas an d is not a c omplex m echanical dev ise. As p rovided in the

at tached Maintenance Manual an d the S afety C he cklist, t he oper ator of sUAS will ens ure that

the sUAS i s i n w orking order pr ior t o initia ting flight, pe rform r equir ed maintenance, and k eep a log of any m aintenance that i s performed. Moreover, t he oper ator i s t he per son most familiar

w ith the ai rcraft and i s best s uit ed t o maintain the aircraft in an airworthy c ondition and to

ens ure an equivalent l evel of s afety.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 ManualsAPPENDIX C



# Safety Checklists