U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

Aerial Associates Photography, Inc.

217 North Division

Ann Arbor, MI 48104

John Sullivan- President

734-668-6868

Email: jsullivan@skypics.com

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 

14 CFR 91.7(a);91.119 (c); 91.121; 91.151 (a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1)and (2); 

91.417(a)&(b) 

To Whom it may concern,

The petition is submitted by John Sullivan, President of Aerial Associates Photography, Inc., who will

hereafter be referred to as the “petitioner”. The majority of this request for exemption will be based 

on prior Exemption No. 11138 issued to Mr. Douglas Trudeau, Realtor, issued by the Federal Aviation 

Administration on January 6, 2015, Regulatory Docket No. FAA-2014-0481. My request for 

exemption will however utilize the DJI Inspire 1 UAS which is very similar to the Phantom 2 in size,

weight electronic design. I plan to perform the same type of operations, with certain additions to be 

specified, as requested in Exemption No. 11138. 

It is the request of the petitioner for exemptions listed above in order to legally and safely operate the 

DJI, Inspire UAS, in the National Airspace System, for the purpose of Unmanned Aerial Photography

and Videography for the real estate, construction, and utilities industries for commercial gain and 

enhancement of Public awareness of UAS operation, and finally enhanced safety for both the General 

Public and Flight Crews. 

The petitioner, John Sullivan, is a FAA certificated Airline Transport Pilot, Commercial Pilot Single and

Multi-Engine Instrument Airplane rated pilot; CFII; and holds Glider and Seaplane Certificates. The

petitioner has over 22,000 flight hours, most of which has performing aerials photography missions 

over the last 35 years.
The petitioner has extensive experience with remotely operating Unmanned model aircraft with some

in multi-rotor UAS’s. The petitioner has owned a flight School, and Aerial Associates Photography, Inc. 

is the longest continuously operating aerial photography business in the State of Michigan.

It is the petitioners position that the operations for which exemption is requested are safer and more 

cost effective than using manned aircraft, and for those reasons are in the Public Interest; and would 

be of benefit in identifying areas of operation that may need additional oversight as well as raising 

public awareness and interest in this rapidly growing facet of aviation. (Reference Exemption No. 

11138) 

The petitioner will outline in this document: 

1. Request for exemptions by Part and Subpart

2. Petitioners protocols and procedures for operations

3. Request for relief from Airport Proximity Limitation

4. The Unmanned Aircraft System (UAS)

5. The Public Interest

1. REQUESTS FOR EXEMPTION BY PART AND

SUBPART

14 CFR 91.7(A) 

Prohibits the operation of an aircraft without an airworthiness certificate. Petitioner requests 

exemption based on previous Exemption No. 11138. The FAA has ruled that this make and model of 

aircraft (UAS) does not require an airworthiness certificate. 

14 CFR 91.119(C) 

States that no person may operate an aircraft below the following altitudes: over other than 

congested areas, 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. 
The petitioner will never operate any UAS over an altitude of 300 AGL. The majority of the 

operations proposed will operate around 100 to 150 feet AGL as this usually provides the best angle 

of capture for the type of photography and videography operations proposed.

The UAS utilized for this exemption is of exceptionally light weight and is not capable of speeds over 

30 knots. The UAS is equipped with GPS guided auto pilot with a return home function in case loss 

of control by the PIC and is powered by sealed batteries thereby reducing the chance of post impact 

fire to nearly zero. 

There will be cases when the 500 foot to property will need to be exempted. (Example: Aerial Video 

of a 2 story home roof to determine and/or document extent of storm damage.) In this type of 

operation every assurance will be made to keep persons outside of a reasonable, safe, clear area of 

operations and will only be conducted with the express permission of the property owner. See 

protocols and procedures section. 

The petitioner will implement procedures and policies to ensure that any person in the general 

vicinity of operations will be aware of such operations and ensure that all non-essential personnel 

are cleared of the area of operations. See Protocols and procedures Section 3.

The petitioner therefore requests relief in part from 14 CFR 91.119(C)

14 CFR 91.121 

Altimeter Settings. 

The petitioner requests relief from 91.121 for the following reason. The UAS is equipped with GPS 

derived altitude capability, however due to the limited altitude requested in this exemption, the FAA 

has previously granted Exemption for these types of operations. Reference Exemption No. 11138

14 CFR 91.151(a) 

No person may begin a flight in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) unless there is enough fuel to fly to the first point of intended landing 

and, assuming normal cruise speeds 

(a)(1)During the day to fly for at least 30 minutes. 

The petitioner requests relief from 91.151(a) due to the fact that the UAS is equipped with a battery 

and percentage indicator system. The UAS has a flight capability on full charge of approximately 20 

to 25 minutes depending on camera usage and other variables. The petitioner has established that 

the maximum flight will be 10 minutes on a fully charged battery. This constitutes landing with 

approximately 50 percent fuel remaining. The petitioner believes that this follows the spirit and 

intent of the rule with a great margin of safety. 

No UAS operations will be conducted at night, as defined by Federal Aviation Regulations. 

14 CFR 91.405(a) 

Maintenance required; 

The petitioner requests relief in part from 91.405(a)(1) based on the Protocols and Procedures 

Section on Maintenance and Maintenance Records. Also reference Exemption No. 11138
14 CFR 91.407(a)(1) 

Operation after maintenance, preventive maintenance, rebuilding, or alteration; 

The petitioner requests relief from 91.407(a)(1) based on the Protocols and Procedures Section on 

Maintenance, Return to service after maintenance, and Maintenance records. Reference 

Exemption No. 11138 

14 CFR 91.409(a)(1)(2) 

Inspections; 

The petitioner requests relief from 91.409(a)(1)(2) based on the Protocols and Procedures Section

on Inspections. Reference Exemption No. 11138

14 CFR 91.417(a)(b) 

Maintenance records; 

The petitioner requests relief from 91.417(a)(b) based on the Protocols and Procedures Section on 

Maintenance records. 

Aerial Imaging Systems 

2. Protocols and Procedures for UAS operations.

A. Preflight

B. Area Security

C. Limitations of Operations

D. Airworthiness

E. Maintenance and Records

F. Pilot in Command Requirements

G. Visual Observer and Requirements

H. Reporting of Incidents and Accidents

A. Preflight Inspection of UAS

(1). Preflight of Unmanned Aerial System will follow the instructions on in the DJI instruction and 

User Manual. The Pilot in Command will certify that a preflight inspection has been 

accomplished with the date and time and signature in UAS logbook. The preflight shall include 
the aircraft, transmitter, and batteries, motors, rotors, landing gear, and camera and gimbal 

mount. As a part of the preflight the Pilot in Command will assure that weather conditions, 

batteries, area security, and any other information essential to safe operation has been 

obtained. 

B. Area Security

(1). The PIC of the UAS will ensure that the operational area for the purposes of UAS flight 

shall be cleared of all nonessential persons at all times the UAS is in flight. Additionally all 

nonessential persons shall be required to remain clear of the operations area by a minimum 

distance of 150 feet during operations. PIC shall ensure that clearly marked signs are 

posted at all ingress/egress points to the operations areas. These signs will be of white

background with red lettering stating the following: “Unmanned aircraft operations 

underway. Please remain clear of this area during operations.”

(2). In the event of a breach of nonessential persons into the operations area during flight of 

UAS, the PIC shall immediately terminate flight operations until such time as the area can be 

cleared of such persons. 

(3). The UAS area of operation is defined as the Horizontal flight path(s) of the UAS as well 

as the Vertical flight path and Maximum altitude to be reached. Additionally the area 

between the UAS’s current position and its Home location is also considered operational 

area as it will proceed direct to its home location in the eventual of loss of ground control. 

All nonessential persons will not be allowed within 150 feet of any part of the operational 

area during flight operations. 

C. Limitations of Operations

(1) The UAS shall be operated in Day time only, as defined by 14 CFR

(2) UAS night operations are prohibited.

(3) The UAS shall be operated by VLOS at all times

(4) A Visual Observer shall be utilized at all times and must maintain VLOS at all times.

(5) The UAS shall remain within 1000ft horizontal distance of the PIC at all times.

(6) The UAS to be utilized is the DJI Inspire 1 + Unmanned Aircraft System. No other

systems will be operated.

(7) The UAS will have an altitude restriction of 300ft AGL.

(8) The UAS will not be operated at a speed exceeding 30 Knots.

(9) Operations Documents will be accessible to the PIC at all times and must be accessible

during UAS operations and made available to the Administrator of request.

(10) PIC must inspect and ensure that UAS and ground control station is in airworthy

condition prior to each operation; if determined not airworthy, all operations will be

suspended until such time as necessary maintenance has been performed and UAS is

determined to be in a safe condition for flight.
(11) An operational flight test in required after any maintenance or alterations that may

affect UAS operation or flight.

(12) UAS maintenance must follow Manufactures aircraft/component, maintenance,

overhaul, and replacement, inspection, and life limit requirements.

(13) The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance and

inspection, and alterations must be noted in the aircraft records, including total flight

hours, description of work performed, and the signature of the authorized person

returning UAS to service.

(14) UAS must comply with all Manufacturers’ Safety Bulletins.

(15) An authorized person must make an entry in the aircraft record of the corrective action

taken against discrepancies discovered between inspections.

(16) UAS must by operated by a PIC possessing at least a Private Pilot Certificate, with most

appropriate Class and category and at least a current Third class Medical.

(17) PIC must meet the flight review requirements of 14 CFR 61.56 in an aircraft in which

the PIC is rated.

(18) Prior to operations for which exemption is requested the PIC must have accumulated

and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of

total time as a UAS rotorcraft pilot including at least 10 hours of UAS multi-rotor.

(19) Prior to operations PIC must have accumulated and logged a minimum of 5 hours as a

UAS pilot in make and model listed in exemption. PIC must log at a minimum 3 takeoffs

and landings in the preceding 90 days to meet currency requirements.

(20) PIC is required to operate the UAS with appropriate distances in accordance with 14

CFR 91.119.

(21) No Private Pilot may operate UAS within 5 nautical miles of an airport reference point

as denoted on a current FAA chart.

(22) Operations with 5 NM of an airport must be conducted by a PIC who holds at least a

Commercial Pilot Certificate Rotorcraft and a current Second Class Medical.

(23) No operations are allowed in the surface areas of Class B, C, and D airspace.

(24) No operations are allowed if the return home function and/or autopilot are, or are

suspected to be malfunctioning.

(25) UAS shall not be operated from a moving platform of any type.

(26) No operations shall be conducted with an appropriate Certificate of Authority issued

by the Administrator.

(27) A Visual Observer shall be utilized at all times when operating the UAS.

(28) Should the PIC or Visual Observer detect that a manned aircraft is being operated in

close proximity to the operations area, the UAS shall give right of way to the manned

aircraft, and the PIC shall cease operations and land until such time as the manned

aircraft has cleared the area.

(29) The UAS will not be operated any closer than 500 to any structure without the express

permission of the structure owner.
D. UAS Airworthiness

(1). The PIC shall ensure that the UAS is in an airworthy condition before each flight. 

Airworthiness shall be determined by a preflight inspection in accordance with DJI operating 

documents and any and all applicable Federal Aviation Regulations, and any additional 

requirements as defined by the Administrator. PIC shall document each preflight inspection by 

date, Aircraft total Flight time to date, any discrepancies noted, and signature and certificate 

number. Any discrepancy noted shall be addressed before UAS operation. 

E. UAS Maintenance and Records

(1). The operator shall maintain aircraft maintenance logbooks. Each UAS shall have its 

own and separate maintenance log book. DJI documents, handbooks, user manuals, 

supplements, Safety Bulletins, etc., shall be the only approved documents for performing 

repairs, maintenance, inspections, overhauls, or replacement of life limited components. A 

record of each preflight inspection will additionally be recorded in these logbooks. The 

preflight inspection must be conducted by the PIC for that operation. Preflight signoff shall 

include at least the following information: date of operation, Aircraft Total time, aircraft 

serial or operating number, PIC signature and certificate number. 

Example: Preflight inspection completed, No defects noted. 1-1-15, ACFTT 50.1 hours, 

UAS number 1, Scott Dunn ATP 3150000. 

(2). Any required maintenance, inspection, alteration or repair must be completed by an 

approved person. At the completion of this work the approved person must make an entry 

in the aircraft log book that at least includes: Date, Aircraft serial or operating number, brief 

description of the discrepancy, inspection, alteration or repair, the reference material used 

as guidance for the repair, statement approving the aircraft for return to service, and 

signature of person who completed the work. 

Example: 1-1-15 UAS 1, ACFTT 50.1 hours, replaced number 3 rotor with new rotor, IAW 

DJI Phantom 2 Vision + User Manual. Flight or ops check completed. Aircraft is approved for 

return to service. Scott Dunn 

(3). Maintenance records shall be kept with the UAS at all times and shall be made available 

to any authorized agency or the Administrator upon request. 

F. Pilot in Command Requirements
(1). The Pilot in Command shall hold at least a Private Pilot Certificate and a current 

Third Class Medical whenever conducting operations. Operator prefers that the Certificate 

be in the most appropriate class and category to the UAS being operated. In this case a 

Rotorcraft rating. 

(2). The Pilot in Command shall have at least 25 hours of rotorcraft UAV flight time before 

performing any operation for which exemption is requested. 

(3). The Pilot in Command shall have at least 5 hours in make and model before performing 

any operation for which exemption has been requested. 

(4).The Pilot in Command shall preform a pre-flight inspection before each flight is 

conducted. 

(5).The Pilot in Command shall observe all Federal Aviation Regulations at all times with the 

exceptions of the exemptions requested by the operator. In those cases the Pilot in 

Command shall adhere to company operating standards or Federal Aviation Administration 

Limitations placed upon exemptions, whichever is more stringent. 

(6). The Pilot in Command must hold a Commercial Pilot Certificate with Rotorcraft Class and 

Category and a current Second Class Medical to operate within 5 NM of an airport. 

(7). The Pilot in Command will not operate the UAS without a Visual Observer present. 

(8). The Pilot in Command must have 3 takeoff and landings within the preceding 90 days. 

(9). The Pilot in Command must maintain a record of flight information to establish currency 

and that he or she meets the requirements of this section. 

G. Visual Observers: Responsibilities and Requirements

(1). A Visual Observer shall be used during any and all operations of the UAS System. 

(2). The Visual Observer shall maintain communication with the PIC at all times during 

UAS operation. 

(3). The Visual Observer shall maintain Visual Contact with the UAS at all times. In the 

event that Visual Contact is lost the VO will notify the PIC who will immediately cease 

operations and land the aircraft. 

(4). The Visual Observer shall also help the PIC maintain area of operations security and 

ensure that all nonessential persons remain clear of the area of operations. In the event of 

a breach by unauthorized person(s) the VO shall notify the PIC and operations will cease 

immediately. 

(5). The Visual Observer shall also assist the PIC in looking for manned aircraft traffic near 

the operations area. If manned aircraft traffic is observed near the operations area, the VO 

will notify the PIC who will immediately cease operations and land the UAS. 
H. Reporting of Incidents and/or Accidents

Any incident or accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be reported

within 24 hours to:

FAA UAS Integration Office (AFS-80)

Accidents: National Transportation Safety Board

 www.ntsb.gov. 

3. Request for Relief from Airport Proximity Limitation

The petitioner understands the FAA’s concern for placing restrictions on the proximity a UAS can be 

operated in relation to an airport. However, the petitioner believes that certain relief can be 

granted in this matter based on the circumstances of the flight, altitude of the flight, area of the 

flight in relation to traffic patterns and protected instrument approach corridors. Also, the size and 

traffic of the airport certainly should be considered as a factor. The petitioner believes that pilot 

qualifications, ratings, and aeronautic experience; as well as communication with the airport, any 

ATC controlling facility, and aircraft in the area would fully mitigate any dangers. The petitioner also 

believes that since many rural airports often host model and remote controlled aircraft clubs and 

events without affecting normal operations, that measures could be put in place to ensure the 

safety of operation and integration of UASs’ in close proximity to certain airports. From a 

commercial standpoint a great deal of potential opportunity is lost when an area of close to 78.5 

square miles is off limits. As UAS operations become more prominent consumers will demand these 
services closer to airport facilities. It would not be in the interest of aviation or the public in general, 

to restrict these consumers from products or services because of their proximity to an airport. This 

could cause a negative impact to both the consumer and the airport. The petitioner therefore 

proposes the following reasonable restrictions that would ensure that the majority of these 

consumers could be serviced and the safety of operation of manned aircraft could be assured. 

As previously stated most operations in the Scope of this requested Exemption will be conducted at 

100 to 150 feet AGL. Any manned aircraft operating in the vicinity of an airport should not be at 

these altitudes over persons or property unless they are in the process of a take-off or landing. 

Additionally they should be well aligned with either the approach or departure runway at these 

altitudes. 

The petitioner therefore requests relief in part from the 5 NM limitation concerning proximity to an 

airport based on the following restrictions. Note: Class B, C, and D airports not included in this 

relief request. Airspace must be E or G for relief to be requested. 

1. Altitude restriction of 150 feet AGL within 3 to 5 Nautical miles of an airport.

2. Altitude restriction of 100 feet AGL within 1 to 3 Nautical miles of an airport.

3. No flight on the extended centerlines or 5 degrees to either side on any active or used runway

out to 2 Nautical miles from Airport reference point.

4. Notify airport of proposed time, distance and heading from airport of UAS operation.

5. Request issuance of NOTAM specifying UAS operations.

6. No flight within 1 NM of airport. This would mitigate the possibly of operating near the airport

Traffic patterns.

7. The PIC shall make “in the blind” broadcasts of UAS operations on the appropriate frequency

stating. “Unmanned Aircraft Operations underway. Distance and bearing from airport and operating

altitude”.

8. The Pilot in Command of the UAS must be a Certificated Commercial Pilot with Class and

Category Rating most appropriate to the UAS for which the Exemption is granted. In this case.

Commercial Pilot Rotorcraft with a current Second Class Medical.

9. Anytime the PIC or Visual Observer has visual contact with a manned aircraft, or anytime an

aircraft requests, operations will be immediately suspended and UAS will descend and land

immediately.

10. Aircraft has onboard programmable altitude restriction capability to help mitigate the

possibility of inadvertent altitude deviation. This function must be used during operations within 5

nautical miles of an airport.

11. The dorsal (top) area of the aircraft will be painted a bright safety orange to increase visibility of

the aircraft from manned aircraft.
The petitioner believes that these restrictions and requirements safely mitigate the potential 

hazards associated with operation near a small, low volume airport. In fact, the petitioner believes 

that this limitation would make this operation safer than many others that are conducted at these 

types of airports; to include: aerobatics training, parachute operations, and Amateur Radio 

Controlled Aircraft Clubs that are frequently located on these types of airports. 

The altitude restrictions requested would eliminate the possibility of a collision with manned aircraft 

as there is no reasonable circumstance where a manned aircraft should be at or near these 

altitudes, unless being on short final for approach or on departure. In fact the petitioner believes 

that any manned aircraft operating at, or near these altitude restrictions, other than on short final 

for approach or on departure, would be operating in a careless and reckless manner. 

Petitioner also believes that requiring that the PIC hold a Commercial Pilot Certificate of most 

appropriate Class and Category helps to ensure that the operator has the knowledge, aeronautical 

experience, radio communication skills, and ability to safely operate within close proximity to 

airports located in class E and G airspace. 

Petitioner also believes that in the highly unlikely event of a collision between a UAS and a manned 

aircraft that the damage possibility, is no more than that of a small sized bird strike due to the 

extremely light weight and size of the UAS. However, the petitioner should like to reiterate that the 

restrictions requested in this relief would make such a collision improbable, if not nearly impossible. 

4. The Unmanned Aircraft System UAS

The petitioner will operate the DJI Inspire 1 + UAS System. This shall be the only system operated

by the petitioner. The Petitioner has attached the operating and user documents for the system 

as additional supplements for this petition. No modification to the factory system is to be utilized 

other than the dorsal surface area of the aircraft will be painted a bright safety orange to help 

manned aircraft see the unit while in flight. Please see attached supplemental documents. 

5. The Public Interest

The request for this exemption is in the Public Interest as it is safe to assume that there are many 

consumer applications for the services that can be provided by UAS systems. It is clear that the 

Congress of the United States, the business sector, and the consumer want to integrate Unmanned 
Aircraft Systems into the National Airspace System and utilize their unique and cost effective 

capabilities. It is also in the Public Interest that many of the low level flight operations now conducted 

by manned aircraft could be accomplished with these light, fire resistant unmanned aircraft that can 

operate at a fraction of the cost to both the operator and consumer. These aircraft can be operated 

without risk of loss of life or limb, without significant financial impact to the operator or any person or 

property on the ground in the event of the loss of an aircraft. Finally the petitioner believes that granting 

this exemption would help to further by Administrators process of integration of UAS systems and 

possibility help to create additional regulations and guidance to be used as these systems become more 

widely utilized. 

Please forward any questions or concerns to the address or email below. 

Sincerely, 

John Sullivan, 

President, Aerial Associates Photography, Inc.

217 North Division

Ann Arbor, MI 48104

jsullivan@skypics.com