DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

 June 2, 2015

Edward Hunter Roberts

Desert Aerial, LLC

504 E Camino Crystal Azul

Sahuarita, AZ 85629

386-804-7622

hunter@iroberts.com

ELECTRONIC SUBMISSION

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

 1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request of DESERT AERIAL, LLC. under Section 333 of the FAA Reform Act; Part

11 of the Federal Aviation Regulations; 14 CFR

45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b)(2);

91.103(b); 91.109: 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1);

91.409(a)(2); 91.417(a) & (b).

Dear Sir or Madame:

This o n behalf of DESERT AERIAL, LLC. pursuant to the FAA Modernization and Reform Act of 2012

and 14 C.P.R. 11. DESERT AERIAL, LLC. is a newly established ground and aerial photography 

company based in the SAHUARITA, AZ (PIMA County) EIN No. 47-4159092. DESERT AERIAL, LLC. seeks

exemption from the Federal Aviation Regulations (FARs) contained herein so that DESERT AERIAL, LLC. be

permitted to operate its small unmanned aircraft ("SUAs"), or unmanned aircraft system ("UAS"), commercially in

airspace regulated by the Federal Aviation Administration ("FAA") wherein such operations are conducted within 

and under the requirements set out and established by the FAA in Section 333 of the FAA Reform Act.

DESERT AERIAL, LLC. specializes in aerial videography and film production for the purposes of

documentation, marketing, experimentation, demonstration and education. DESERT AERIAL, LLC. seeks the use

of SUA or UAS to assist in DESERT AERIAL, LLC.’s documentation, experimentation, demonstration and

education. DESERT AERIAL, LLC.’s opportunities for growth in the media production market are limited

because of the current FAA restrictions as it pertains to the operations of UAS. DESERT AERIAL, LLC.

submits this proposed Petition for Exemption to the FAA to demonstrate its commitment in complying with the

Federal Aviation Regulations and the National Airspace System ("NAS") in their safe, responsible and limited

commercial use of UAS.

I, Edward Hunter Roberts, am the Owner of DESERT AERIAL, LLC.. I hold a solo pilot certificate (22hrs), 

have 10,000+ skydives as an instructor which equates to 1000min of free-fall time, 1000 hours of parachute 

piloting time. I hold a “D” Expert (D-21003) rating as well as numerous awards in skydiving from the USPA. In 

addition I was an R&D Parachute Pilot for one the largest most advanced parachute manufactures, Performance 

Designs, Inc. In 2001 a military parachute sales and training company, CPS, Inc., hired me to aid in new 

techniques and training for Tier 1 Special Operations Groups for the war on terror. I have 25yrs of I/T 

experience including extensive (1500hrs+) flight simulator time in addition to 120hrs of personal drone flight 

time on the DJI Inspire 1(not logged). I have also a formal Drone/UAV Pilot Training Certificate from Unmanned 

Vehicle University. I have been doing ground based photography and aerial(non UAS) for 10+ years and have video 

and photos used for publications, marketing campaigns and formal documentation purposes (documentation are
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

2

attached here to).

I, Edward Hunter Roberts, am familiar with private and commercial aviation and am aware and familiar

with the dangers that unregulated UAS operation presents to persons and property on the ground. DESERT 

AERIAL, LLC. has a DJI Inspire 1 UAS for aerial photography and cinematography, which is one of the most 

technologically superior drones on the market today. DESERT AERIAL, LLC. applies for an exemption from the

FARs to allow operation of its UAS on motion picture sets, within and under the conditions outlined herein,

and under such other limitations as may be established by the FAA as required by Section 333 of the FAA

Modernization and Reform Act of 2012, Pub. Law 112-95, 126 Stat. 11 (2012).

Section 333 of the FAA Modernization and Reform Act of 2012 ("FAAMRA") grants the authority to the

Secretary to establish a policy outlining guidelines until the Unmanned Aircraft Systems rule is finalized. As the

FAAMRA found that because UAS do not pose a threat to national airspace users or national security,

operations of UAS do not need an FAA-issued certificate of airworthiness.

This Petition for Exemption would permit the operation of small, lightweight, unmanned UAS under

controlled conditions in airspace, in the UAS pilot's line of sight, that is further in limited and predetermined and

marked areas of operation. DESERT AERIAL, LLC. would allow for controlled access and would further

provide safety enhancements to the already safe operations in the film and television industry presently using

conventional aircraft. DESERT AERIAL, LLC. acknowledges how essential safety is when operating UAS. The

specifications regarding operating procedures and safety controls listed in UAS (Manuals are attached here to). 

The operating specifications and safety procedures of the UAS, which DESERT AERIAL, LLC. commits to

uphold, ensures that they do not pose a hazard or threat to other aircraft, national security or public safety.

Granting DESERT AERIAL, LLC.’s Petition for Exemption coheres with the Secretary of

Transportation's responsibility to integrate UAS into the NAS and to "establish requirements for the safe

operation of such aircraft systems in the national airspace system" pursuant to the FAA Reform Act§ 333(c).

Considering the foregoing and DESERT AERIAL, LLC.’s commitment to safety and regulations of the

FAA, the specific regulations from which exemptions under Title 1 4 o f the Federal Code

o f Regulations are herein requested are as follows: 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) &

(b).

Exemption Request Section 333 of the FAA Reform Act; Part 11 of the Federal Aviation

Regulations; 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b)(2);

91.103(b); 91.109 ; 91.119 ; 91.121 ; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a)(l); 

91.409(a)(2); 91.417(a) & (b)

DESERT AERIAL, LLC. submits this Petition in accordance with the FAA Reform Act, 112 P.L. 95 §§

331-334, seeking relief from any currently applicable FARs operating to prevent DESERT AERIAL, LLC.

contemplated commercial photography and cinematography, research and other flight operations within the NAS.

The Reform Act in Section 332 provides for such integration of civil UAS into our NAS as it is in the public's

interest to do so. DESERT

AERIAL, LLC.’s lightweight UAS meet the definition of "small unmanned aircraft" as defined in Section 331and

therefore the integration of DESERT AERIAL, LLC.’s lightweight UAS are expressly contemplated by the

Reform Act. DESERT AERIAL, LLC. would like to operate its lightweight UAS prior to the time period by

which the Reform Act requires the FAA to promulgate rules governing such craft.

The size, weight, speed and operational capabilities of the UAS at issue, which DESERT AERIAL, 

LLC. would use, with authorization from the FAA, show that they do not pose a threat to other aircraft, national

security nor public safety. The term "small unmanned aircraft," as defined by the U.S. Congress in Section 331,

112 Pub. Law 9 5 , 2014, means "an unmanned aircraft weighing less than 55 pounds."
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

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DESERT AERIAL, LLC.’s UAS are small, lightweight devices containing counter-rotating propellers for 

optimum balance, control and stability. They are capable of vertical and horizontal operations but operate only

within the line of sight of the pilot (UAS operator). Each device weighs no more than 55 pounds, including any 

photography or cinematic equipment. The UAS operate at speeds at 50 knots (57 mph) speeds or less and are

capable of hovering less than 400 feet altitude. The DJI Inspire 1 also has GPS linked navigation as well as 

“Vision Positioning” technology uses a specially designed camera and sonic waves to allow stable flight should GPS 

be unavailable. The UAS has auto landing and take off in addition to a “RETURN TO HOME” feature should the 

pilot controls lose link to the UAS in a preset time and returns to its point of take off.

DESERT AERIAL, LLC. does not operate its UAS near airports and generally does not operate them

near populated areas. The UAS operating software and GPS navigation systems do not allow any of the DESERT 

AERIAL, LLC. UAS devices to operate near airports or restricted fly zones. The failsafe software will disable the

UAS devices from taking off and also limit the UAS systems from operating within specific GPS preset no-fly

zones. DESERT AERIAL, LLC. only operate its UAS in predetermined areas and only in compliance with wellregarded safety protocols such as those contained within the well established and commonly known Motion Picture

and Television Operations Manual.

Applicant further and specifically seeks authorization to use UAS, which are equipped with cameras and 

sensors, in order to perform photography, audio and video filming by air for public and private uses, including:

television, cinematography, advertising, promotions, or public events.

DESERT AERIAL, LLC.’s operation of its UAS will not "create a hazard to users of the national

airspace system or the public." 112 P.L. 95 § 333(b). Given the small size and weight of DESERT AERIAL, 

LLC.’s UAS, combined with their operation in cordoned off and well-controlled areas, DESERT AERIAL, LLC.’s

UAS falls within Congress's contemplated safety zone when it promulgated the FAA Reform Act and the 

corresponding directive to integrate UAS into the NAS. DESERT AERIAL, LLC.’s UAS have a solid safety 

record and do not pose any threat to the general public or national security.

The operator, in accordance with the aircraft’s flight and operating manual, will perform maintenance of the 

UAS. The operator agrees to ensure the UAS is inspected before each flight, to perform all required maintenance

and to maintain a log of all maintenance and repairs performed on all unmanned aircraft systems. The manufacturing 

company, DJI INC, or an authorized service center will only perform any repairs that are unable to be performed by 

the operator.

Granting DESERT AERIAL, LLC.’s exemption request furthers the public interest. First, Congress

has already pronounced that it is in the public's interest to integrate commercially flown UAS into the NAS, hence

passing the FAA Reform Act. Second, DESERT AERIAL, LLC. has conducted research into safe UAS operation

each time it flies one of their UAS. Flight data, visual inspections, recorded observations and flight analyses are

compiled to further enhance current safety protocols in place. Allowing DESERT AERIAL, LLC. t o log more

flight time directly relates to its research and its ability to further enhance current safety measures. Third, the

public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods,

namely, full size helicopters. DESERT AERIAL, LLC.’s UAS are all battery powered and create no emissions. If a

DESERT AERIAL, LLC. UAS were to crash there is no fuel to ignite and explode. The impact of DESERT 

AERIAL, LLC.’s lightweight UAS is far less than a full size helicopter, notwithstanding the statistically noteworthy

safety record of full size helicopters used in motion picture capture. The public's interest is furthered by minimizing 

ecological and crash impacts by permitting motion picture capture through DESERT AERIAL, LLC.’s lightweight 

UAS.

Progression of the arts and sciences has been fundamental to our society since its inclusion in the

U.S. Constitution. Indeed, Congress mandated the integration of UAS into our NAS, in part, to achieve progression

in this noteworthy, and inevitable, field. Permitting DESERT AERIAL, LLC. to immediately fly within the United

States furthers these goals. Whether it is the amalgam of scientific discoveries applicable to feature film making

(including those drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in

publicly usable technologies or advancements in equipment available to law enforcement personnel and first 

responders that does not cost millions of dollars, granting DESERT AERIAL, LLC.’s exemption request 

substantially furthers the public's interest in ways known and currently unknown and does not burden the tax payers 
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

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with the expense of researching these new technologies yet benefiting from the data.

To further explain why DESERT AERIAL, LLC.’s exemption will not adversely affect safety or

how granting DESERT AERIAL, LLC.’s exemption request will provide a level of safety at least equal to existing

rule:

DESERT AERIAL, LLC.’s exemption will not adversely affect safety. Permitting DESERT AERIAL, 

LLC. to log more flight time in FAA controlled airspace will allow DESERT AERIAL, LLC. to innovate and

implement new and as of yet undiscovered safety protocols. Additionally, DESERT AERIAL, LLC. proposes the

following safety procedures and restrictions if granted an exemption:

• DESERT AERIAL, LLC.’s UAS weight not more than 55 pounds, including any photography or cinematic 

equipment;

• DESERT AERIAL, LLC. only operates its UAS at an altitude of 400 feet or less;

• DESERT AERIAL, LLC. shall limit the UAS operation to thirty (30) minute flights, or ceasing operation at 25%

battery;

• DESERT AERIAL, LLC. lands its UAS when they reach 25% battery;

• The operator(s) of the unmanned aircraft system will be certified on the DJI Inspire 1 UAS only and any other UAS 

would require a specific certification for the UAV;

• DESERT AERIAL, LLC. 's remote control pilots operate DESERT AERIAL, LLC. UAS only within line of sight;

• DESERT AERIAL, LLC. 's remote control pilots have mapping software to show the current location of the UAV

should they somehow lose sight of the UAV;

• DESERT AERIAL, LLC. staffs each flight with a remote control pilot that has a FAA Medical Certificate and a 

certification from Unmanned Aerial University or other qualified institution.

• DESERT AERIAL, LLC. employs a GPS system within each UAS allowing the UAS to hover in place if 

communications between the device and the remote control pilot is lost and then slowly descend at twenty-five (25)

percent battery and initiate auto land;

• DESERT AERIAL, LLC. actively analyzes electronic flight data and other sources of information to constantly

update and enhance safety protocols;

• DESERT AERIAL, LLC. only operates its UAS in areas that are not restricted and specifically away from all 

airport operations. Constantly updated (downloaded) maps from DJI, Inc. allow the operator to always be updated to 

new areas of restricted flight space;

• DESERT AERIAL, LLC. shall not operative its UAS at night;

• DESERT AERIAL, LLC. shall conduct an inspection of its UAS before each flight;

• All DESERT AERIAL, LLC. flights shall occur only in private or controlled access property, having the 

property owner's prior consent and knowledge;

• DESERT AERIAL, LLC. has procedures in place to abort flights in the event of a safety breach or a potential 

danger; and
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

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• DESERT AERIAL, LLC. shall obtain all necessary consent and permissions prior to operation of those being 

filmed or an agreement to be in the designated filming area prior to filming taking place

• DESERT AERIAL, LLC. has also contacted Costello Insurance, which will provide up to 1 Million is liability 

insurance for Commercial UAS operations specifically. Most operators using UAV commercially today are unaware 

that there standard insurance companies do not cover the equipment or liability and a separate company must be 

used (documentation are attached here to).

A SUMMARY THE FAA MAY PUBLISH IN THE FEDERAL REGISTER:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR §91.203(a)(1). The size, weight and enclosed operations area of 

DESERT AERIAL, LLC. 's UAS permits exemption from Part 21 because DESERT AERIAL, LLC. ‘S UAS

meet an equivalent level of safety pursuant to Section 333 of the FAA Reform Act. The FAA is authorized to

exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. §44701 (f)) and

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS from the airworthiness

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such

as airports and dense populations. DESERT AERIAL, LLC. 's UAS meet or exceed each of the elements.

14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, 

and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a manual at the flight operations center with the remote control pilot of the DESERT AERIAL, 

LLC. UAS. The FAA has previously issued exemptions to this regulation in Exemptions Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as DESERT AERIAL, LLC. 's UAS utilize

electronic global positioning systems (GPS) and internal gyroscopes to provide spatial coordination.

14 C.F.R. §§ 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They

are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by

maintaining such certifications and registrations at the DESERT AERIAL, LLC. flight operations center.

B. 14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. 

DESERT AERIAL, LLC. 's UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or 

pilot station on which to mark designated words or phrases. Further, two-inch lettering is difficult to place on

such a small aircraft. Regardless, DESERT AERIAL, LLC. will mark its UAS in the largest possible letting by

placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. § 45.29(f) so that the pilot or

others working with the UAS will see the markings. The FAA has previously issued exemptions to this regulation

through Exemption Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations:

Pursuant to 14 C.F.R. §§ 61.113 (a) and (b), private pilots are limited to non-commercial operations. DESERT 
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

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AERIAL, LLC. can achieve an equivalent level of safety as achieved by current regulations because DESERT 

AERIAL, LLC. 's UAS do not carry any pilots or passengers. Further, while helpful, a pilot license will not

ensure remote control piloting skills. The risks attendant to the operation of DESERT AERIAL, LLC. 's UAS is

far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61 et seq. Edward 

Hunter Roberts has extensive flight experience in a vast array of environments and would still hold a Class 2 Medical 

Certificate. DJI is one of the premier UAS manufacturers and has incorporated extensive safety system into its 

products to include: Return Home Feature should the controller be disconnected from the UAS for a specific period 

of time it would return to its take off point. Auto take off and landing with auto rotor shut off after touch down. GPS 

guidance with the ability to pre-program a designated flying area on the tablet map to stay within. Built in “Vision 

Positioning System” combines visual data and sonar waves in a single unit, detecting both variance in patterns on the 

ground and current altitude should GPS be unavailable there is always backup for stable operations. Software that 

limits entry into specific airspaces that are on all maps and the UAV will not take off if the Pilot accidently was in 

one of these spaces as the software overrides the pilot and will explain on the tablet the reason for not lifting off 

accordingly. Auto landing feature should communication be cut off for an extensive period of time the UAS will 

descend slowly and initiate its auto landing system.

D. 14 C.P.R.§ 91.119: Minimum Safe Altitudes.

14 C.P.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be

operated at lower altitudes in certain conditions. DESERT AERIAL, LLC. 's UAS will never operate at an

altitude greater than 400 AGL.

E. 14 C.P.R. § 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) and (b): Maintenance

Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 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."

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to

DESERT AERIAL, LLC. should its requested exemption be granted. DESERT AERIAL, LLC. conducts an

extensive maintenance program that involves regular software updates and constant inspection for assessment of

any damaged hardware. Therefore, an equivalent level of safety will be achieved. DESERT AERIAL, LLC. has

researched and developed its own designs.

F. Summary

DESERT AERIAL, LLC. seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14

C.P.R. 45.23(b); 14 C.P.R. §§ 61.113 (a) and (b); 14 C.P.R. § 91.7(a); 14 C.P.R. § 91.9(b)(2); 14 C.P.R.§ 

91.103(b); 14 C.P.R.§ 91.109; 14 C.P.R.§ 91.119; 14 C.P.R. § 91.121; 14 C.P.R. § 91.151(a); 14 C.P.R. §§

91.203 (a) and (b); 14 C.P.R. §91.405(a); 14 C.P.R. § 91.407(a)(1); 14 C.P.R. § 91.409(a)(2); 14 C.P.R. §§

91.417 (a) and (b) to commercially operate its fleet of small unmanned vehicles and lightweight unmanned aircraft

vehicles in motion picture or television operations and to conducts its own research.

Granting DESERT AERIAL, LLC. 's request for exemption will reduce current risk levels and thereby enhance

safety. Currently, motion picture image capture relies primarily on the use of larger aircraft running on

combustible fuel. DESERT AERIAL, LLC. 's UAS do not contain potentially explosive fuel, are smaller, lighter

and more maneuverable than conventional motion picture aircraft. Further, DESERT 

AERIAL, LLC. UAS operates at lower altitudes and in controlled airspace. DESERT AERIAL, LLC. has been

analyzing flight data and other information in compiling novel safety protocols and the implementation of a

flight operations manual that exceeds currently accepted means and methods of safe flight.

There are no people on board DESERT AERIAL, LLC. UAS and therefore the likelihood of death or serious
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

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bodily injury is significantly limited. DESERT AERIAL, LLC. 's operation of its UAS, weighing less than 55

pounds and traveling at speeds no more than 60 knots in areas will provide at least an equivalent level of safety

as that achieved under current FARs.

Therefore, DESERT AERIAL, LLC. respectfully respects that the FAA grant its exemption request without delay.

The FAA has the authority to issue the exemption sought by DESERT AERIAL, LLC. pursuant to the Federal

Aviation Act, 85 P.L. 726, as amended (the "Act").

Sincerely,

/s/ Edward Hunter Roberts

Desert Aerial LLC.

504 E Camino Crystal Azul

Sahuarita, AZ 85629

386-804-7622

hunter@iroberts.com