June 4, 2015

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

U.S. Department of Transportation, Docket Operation 

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

To whom it may concern,

Aeronautic Imagery, LLC (A.I.) respectfully requests an exemption from several 

provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of 

small unmanned aerial systems (sUAS) to provide aerial photography and video, as well 

as to assist in the evaluation of infrastructure and operations for our clients. This request 

is motivated primarily by the desire to maximize safety in infrastructure and operations. 

An exemption would allow A.I. to broadly evaluate assets and operations with sUAS, 

resulting in a safer and more efficient infrastructure network. Accordingly, the grant of 

an exemption is consistent with Congress’ intent, reflected in Section 333 of the FAA 

Modernization and Reform Act of 2012 (Modernization Act),1 that safe systems be 

permitted in the national airspace prior to the issuance of final regulations governing 

general use of these systems.2 A summary of this request suitable for publication in the

Federal Register is provided as Appendix A.

Appendix B provides the manufacturers information regarding the design, aircraft

performance, and fail-safe features. We have provided manufacturer information related to

operating limitations, normal and emergency procedures, and maintenance and inspection

procedures. As we add aircraft designs, we will update this appendix appropriately.

Appendix C provides the Aeronautic Imagery, LLC Operations Manual for flights covered 

under this ExemptionRequest.

1 P.L. 112-95, 126 Stat 11, February 14, 2012.

2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type

of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and

operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national

security.

Edgar F. Heiskell, IV

Aeronautic Imagery, LLC.

87 Canyon Road

Morgantown, WV 26508

(304) 290-7547

Skipheiskell2@yahoo.com
Background Information

Aeronautic Imagery, LLC is in the business of Consulting on, Building & Maintaining 

Mission Specific sUAS for our clients. A.I. clients look to us for Safe Operations of 

sUAS. We have developed specific Aeronautic Imagery, LLC Safe UAV Operational 

Procedures. Increasingly, we have clients looking to operate sUAS for Infrastructure 

Safety & Maintenance Inspections.

Infrastructure Safety Inspection Operations:

Real Estate 

Pipeline Inspection 

Oil-Field Inspection

Petro/Chemical/Manufacturing Inspection 

Construction Site Inspection

Agriculture Inspection

Utility Inspection

As part of this Aeronautic Imagery, LLC is requesting FAA Exemption for sUAS 

operations for safety, inspection and video capture usage.

Regulatory Basis for Exemption Request

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA 

may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an 

exemption is in the public interest. The FAA has imposed a separate requirement in its 

procedural regulations, providing that the petitioner shall explain why granting the

exemption would not adversely affect safety or how the exemption would provide at least

an equivalent level of safety as compliance with the underlying regulation. In this case, 

approval of this exemption would advance the public interest by significantly enhancing 

the safety and efficiency of infrastructure operations and by providing the FAA with 

valuable user experience on sUAS in a context with appreciable economic and societal

benefits. As described more fully below, the requested exemption would permit the

operation of sUAS under tightly controlled conditions, thus ensuring that operations will

not have an adverse impact on safety. To the contrary, as explained below, Aeronautic 

Imagery, LLC anticipates that use of sUAS will enhance safety in infrastructure 

operations. Granting an Exemption is in the Public Interest. The safety and efficiency of 

infrastructure operations is heavily dependent upon constant analysis of assets, right-ofway, infrastructure and other assets/facilities. There are a wide variety of factors that can 

affect conditions and cause problems for infrastructure. Even relatively small objects or 

minor failures can lead to accidents or other incidents causing downtime of 

infrastructure. Extreme weather events can lead to flooding or overheating infrastructure. 

For example earthquakes, landslides, and abandoned vehicles at grade crossings can 

block infrastructure. The potential for sabotage and terrorism – or even just trespassing –

are also among the many risks that modern infrastructure faces.

As a result, pursuant to federal regulations and company policy, our client’s maintenance

employees routinely inspect the infrastructure, such as bridges, tunnels, support

structures, and signals. At present, this work is done primarily by company personnel in
motor vehicles, on foot, in specialized equipment. This is often a labor-intensive and 

sometimes arduous job. While our clients do all they can to make these inspections as 

safe as possible, there is an irreducible element of risk involved whenever employees are

required to go out on structures. Employees may need to climb over or onto structures, 

which can be slippery, rough, and/or exposed to the elements. Some structures, such as 

bridges, are high above the ground. Equipment moving through inspection zones can 

increase risk as well, especially in high-traffic areas. While the use of sUAS for 

supplemental infrastructure and general asset evaluation would not eliminate

these risks entirely (as it is an additive safety measure), it would reduce the risks to 

employees by allowing for remote aerial review.

Additionally, the sheer amount of assets and the widely dispersed locations – in many

instances far from sizeable population centers – means that visual inspection in all

instances by company personnel can be inefficient. Aerial analysis by traditional fixed 

wing aircraft is impractical because the required altitudes for safe flight reduce visibility

below meaningful levels – it is simply not possible to see all asset anomalies from such 

heights. Helicopters present better vantage points; however manned helicopters are much 

more costly, subject to human safety and carry highly explosive jet fuel making them

impractical for deployment. By using sUAS for supplemental asset evaluation,

Aeronautic Imagery, LLC will be able to substantially upgrade its capacity to detect and 

address issues with the right-of-way and other assets before they become a problem for 

safe operations. Thus, the use of sUAS has the potential to improve efficiency, resulting 

in faster and safer delivery of goods, energy & natural resources vital to the U.S.

economy.
Granting an Exemption will not Adversely Affect Safety

Aeronautic Imagery, LLC notes that there is no applicable standard for an equivalency

determination. Some have argued that the appropriate standard is that for model aircraft, 

noting that their operations, if conducted for recreational purposes, would fall completely

within the allowable operations for model aircraft. We believe it is difficult to argue that 

there is sufficient correlation between model operations controlled by the Academy of

Model Aeronautics and the ones contemplated by Aeronautic Imagery, LLC. At the same 

time, it is clear that equivalency cannot be established for traditional, manned civil aircraft 

because the design and use profiles between traditional aircraft and sUAS are simply too 

different. As such, we believe it makes more sense to focus on why the contemplated 

operations would not adversely affect safety, which is all that §11.81(e) requires.

Granting an exemption will not adversely affect safety. Aeronautic Imagery, LLC

contemplates conducting sUAS operations over client owned or controlled land, solely

during daylight hours, at altitudes well below 200’. In general, sUAS operations are 

intended to be conducted in areas distant from both congested areas and airports. 

Moreover, because of the inherent risks presented by standard infrastructure operations, 

our clients have already taken steps to secure property against unauthorized public 

access. For example, substantial stretches of pipeline, utilities, and oil and gas 

production sites are fenced, elevated, or otherwise secured to prevent access. Other long 

stretches of infrastructure are, as noted above, in very remote wilderness areas. The

nature of operations anticipated by Aeronautic Imagery, LLC requires that the sUAS be 

flown at relatively low altitudes and relatively low speeds. Aeronautic Imagery, LLC

expects that in most instances, the sUAS will be flown less than 100 feet from the 

highest structure along the path of the sUAS. Accordingly, the risk of interference with 

another aircraft is minimal. Aeronautic Imagery, LLC also plans to conduct sUAS 

operations at least three miles from any public airports (including heliports). In the event 

an operation needs to be conducted closer to an airport, Aeronautic Imagery, LLC will 

inform the airport operator and airport air traffic control tower of the contemplated 

operation and will comply with any directions issued by air traffic control at that airport.

Approval of exemptions allowing commercial operations of sUASs in the infrastructure

aerial inspection industry will enhance safety by reducing risk. Conventional operations, 

using jet or piston power aircraft, operate at extremely low altitudes just feet from the

subject being inspected and in extreme proximity to people and structures; and present

the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying 

large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must

fly to and from the inspection site. In contrast, a sUAS weighing fewer than 55 lbs. and 

powered by batteries eliminates virtually all of that risk given the reduced mass and lack 

of combustible fuel carried on board. The sUAS is carried to the inspection site. The

sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant

of the exemptions requested herein, including 333 Aircraft Exemption Status exempting 

the applicant from conventional aircraft requirements and allowing commercial
operations. These lightweight aircraft operate at slow speeds, close to the ground, and in 

a controlled environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and people.

The safety of those on the ground is protected by the fact that no one will be allowed into 

the area without the permission of the company. Security will be established for the flight

area as part of the pre-flight control. Each individual within the secure area will be

briefed prior to flight and will consent to being in the area. All others will be excluded 

from the area.

Aeronautic Imagery, LLC initially intends to use a dedicated staff for sUAS operations. 

All operations will be within visual line-of-sight (i.e., no more than approximately 0.5 

miles from the manipulator of the controls, or pilot in command (PIC)). Each PIC will 

conduct at least three take-offs and landings with the sUAS on which he or she is trained 

every 90 days. PIC’s will establish their qualifications thru a combination of

aeronautical knowledge, UAS	airmanship	skills,	and	verification	through	testing	of	flight	

ability	before		 infrastructures	operations	have	commenced.	Depending on the type of 

operation, additional ground-based visual observers may be employed as well. These 

observers will be within constant visual line of sight and in constant contact with the 

PIC. The visual observers will assist the PIC in avoiding objects near the sUAS.

There are no standards for either Private or Commercial sUAS pilot certificates. The safe

operation and control of the UAS as described in this application does not depend on the

type of FAA license held by the PIC. Given the restricted and controlled airspace within 

which operations will take place, the key factors needed by the PIC are knowledge of the

airspace within which the operation will take place and how that airspace fits into the

National Airspace System (NAS). That knowledge can be and is gained primarily

through ground school and not through flight training in fixed wing or rotor aircraft, nor 

is it dependent on the acquisition of a commercial or private pilot’s certificate. Those

certificates demonstrate knowledge of the factors and skills needed for the safe operation 

of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a

commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or 

ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, 

within strictly controlled pre-approved airspace. Besides knowledge of airspace

regulations, dexterity in the control and operation of the sUAS acquired from actual

operation of the aircraft is the most important factor in establishing an equivalent level of 

safety.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant

issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what

is being used today to accomplish the same mission, and (3) what precautions will be

taken to ensure the safety of those in the area of operation. We propose that the aircraft 

be operated within a secure environment; and that no one be allowed to enter the secure

environment unless they are part of the operation, have been fully briefed of the risks 

prior to operation of the sUAS, and have consented to the risks associated with being in

the 
operating area. Should there be a mishap, the sUAS being flown pose significantly less of 

a threat than the helicopters and fixed wing aircraft now being employed because they are

a fraction of the size, carry no flammable fuel, do not carry crew or passengers, and pose

an infinitesimal risk to others. This is in stark contrast to conventional aircraft that are

flown to the site, carry explosive fuel, carry passengers and crew, and operate in a much 

larger area.

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who 

are also qualified to fly the type of sUAS that are utilized for infrastructure image-capture

operations. There are even fewer commercial pilots that can fly these sUAS – to the point

that to do both is considered rare. Assuming that it is unlikely for a company to find a

pilot that has both qualifications, that company would either have to source a qualified 

sUAS pilot to train and obtain a commercial certificate, or find a commercial certificated 

pilot who would be willing to learn to fly a sUAS to the competency level required for 

professional use.

Minimum requirements for the PIC include:

1) A minimum of 200 flight cycles and 25 hours of total time as a sUAS rotorcraft

pilot;

2) A minimum of 5 hours as sUAS pilot with the make and model of sUAS to be

utilized for operations under the exemption and 3 take offs and landings in the

preceding 90 days;

3) Have undergone a qualification process as specified in the Flight Operations &

Procedures Manual consisting of a knowledge & skill test of the aircraft to be

used.

Another consideration supporting the certificate requirement is that pilots are subject to 

security screening by the Department of Homeland Security. This requirement should 

ameliorate security concerns over UAS operations under this exemption.

Aeronautic Imagery, LLC intends to use commercially available sUAS Components for 

sUAS. These sUAS systems will be tested for quality & safety in our test facility before

being deployed to the field. The sUAS is less than 55 lbs. fully loaded, carries neither a

pilot nor passenger, and operates exclusively within a secured area. We have a routine

maintenance schedule to verify that the sUAS will remain in safe and operational

condition. Please see Appendix B, for Specific Types of sUAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112---95 in	

reference to 49 USC 44704, and in consideration of the size, weight, speed, and limited	

operating area associated with the aircraft and its operation, we request that this	

aircraft exemption meets the conditions of Section 333. Therefore, if granted Section	

333 relief of 14 CFR part 21, and any associated noise certification and testing	

requirements of part 36, is not necessary.
Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two-inch lettering will be impossible. UA will be identified	

by serial number, registered in accordance with 14 CFR part 47, and have identification	

(N---Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be	

as large as practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

Aeronautic Imagery, LLC’s request is based on the fact that no airworthiness certificate 

will be issued for the UAS. Aeronautic Imagery, LLC’s UAS will not require an 

airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the 

fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not

necessary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard

Certifications required, the original intent of these regulations was to display an aircraft’s 

airworthiness, certification, and registration documents so they would be easily available

to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft’s 

control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2)

and 91.203(a) and (b) is not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests

Small UASs, by their design, do 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. Aircraft being considered for use by Aeronautic Imagery, LLC

allow the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary

hold). In the event of the student losing control, the UAS Instructor can quickly and via

alternate equipment (equipment not in the hands of the student) place the aircraft into a 

mode that then allows the instructor to bring the aircraft back into control and back to the

pre- determined and/or safe landing location.

Aeronautic Imagery, LLC does not describe training scenarios in which a dual set of 

controls would be utilized or required, i.e. dual flight instruction, provided by a flight 

instructor or other company-designated individual, that would require that individual to 

have fully functioning dual controls. Rather, Aeronautic Imagery, LLC evaluates the 

qualification of its PICs based on their experience with the UAS to be operated and 

verifies through testing, in lieu of formalized training. As such, Aeronautic Imagery, 

LLC does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b)

Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, 

because the Aeronautic Imagery, LLC operations will only be conducted within the 

secured area described herein.
Aeronautic Imagery, LLC Safety Operations & Procedures Overview:

TechnologyConsiderations:

Best-in-class, tried and proven technologies that are in advanced iterations. Software from

highly-reputable industry partners will include features -

1. Auto descent (landing) if communication signal were to be severed. If the sUAS

loses communications, the sUAS will have capability to return to a pre-determined

location within the Security Perimeter and land.

2. Auto descent (landing) if battery were to drop lower than nominal level.

3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real-time positioning feedback. In other words, we

can monitor the scene from the vehicle's perspective for collision avoidance, and to

maintain spatial orientation.

5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles

or emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle

health at all times: speed, altitude, number of GPS satellites (whenavailable),

heading and voltage.

7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2)

link failures occur (highly improbable), vehicle returns automatically to the point of

launch.

8. Altitude information will be provided to the sUAS pilot via a digitallyencoded

telemetric data feed, which downlinks from the aircraft to a ground-based on-screen

display. This altitude information will be generated by equipment installed on board

the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or

radio altimeter, or any combination thereof. Prior to each flight, a zeroaltitude

initiation point will be established and confirmed for accuracy by the pilot.

Mechanical/Physical:

1. Aeronautic Imagery, LLC will fly line-of-sight (LOS) only. The vehicle will always

remain in direct LOS to the pilot, thus eliminating the concern of signal severance 

(flying behind objects/walls).

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site.

6. UA operated under this exemption will be marked in accordance with 14 CFR

part	45	or	as	otherwise	authorized	by	the FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for operators

(pilot, gimbal op, director)

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle

control/communication.

3. A briefing will be conducted in regard to the planned sUAS operations priorto

each day’s activities. It will be mandatory that all personnel who will be performing

duties within the boundaries of the safety perimeter be present for this briefing.

4. The operator will obtain the consent of all persons involved in the sUAS operations
and ensure that only consenting persons will be allowed within 100 feet of the flight

operations.

5. Observer and pilot will at all times be able to communicate by voice.

6. Written and/or oral permission from the relevant property holders will be obtained.

7. Pilot and observer will have been trained in operation of UAS generally and

received up-to-date information on the particular UAS to be operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), 

including energy source(s) and equipment. Operations authorized by this petition 

of exemption are limited to the following aircraft described in Appendix B. 

Proposed operations of any other aircraft will require a new petition or a petition 

amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground

level (AGL), as indicated by the procedures specified in the operator’s manual. 

All altitudes reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA-issued medical

certificate.

5. All operations must utilize a visual observer (VO). The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times.

6. The operator’s manual included as Appendix C and this petition of exemption 

must be maintained and made available to the Administrator upon request. If a

discrepancy exists between the conditions and limitations in this exemption and 

the procedures outlined in the operator’s manual, the conditions and limitations 

herein take precedence and must be followed. Otherwise, the operator must

follow the procedures as outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s 

responsibility to track such revisions and present updated and revised documents 

to the Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment. If the operator 

determines that any update or revision would affect the basis for which the FAA 

grants this petition for exemption, then the operator must petition for amendment

to their exemption. The FAA’s UAS Integration Office (AFS-80) may be

contacted if questions arise regarding updates or revisions to the operator’s 

manual.

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition
for safe flight. If the inspection reveals a condition that affects the safe operation 

of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station, if utilized, must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, 

must undergo a functional test flight in accordance with the operator’s manual. 

The PIC who conducts the functional test flight must make an entry in the UAS 

aircraft records of the flight. The requirements and procedures for a functional test

flight and aircraft record entry must be added to the operator’s manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, 

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

When unavailable, aircraft maintenance/component/overhaul, replacement, and 

inspection/maintenance requirements must be established and identified in the

operator’s manual. At a minimum, requirements for the following must be

included in the operator’s manual:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and

j. Any other components as determined by the operator;

10. The PIC must meet the flight review requirements specified in 14 CFR § 

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

11. Prior to operations conducted for the purpose of infrastructure inspections, the

PIC must have accumulated and logged, in a manner consistent with 14 CFR §

61.51(b), a minimum of 200 flight cycles and 25 hours of total time as a UAS 

rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS 

type (single blade or multirotor). Prior documented flight experience that was 

obtained in compliance with applicable regulations may satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted 

under this petition of exemption to accomplish the required flight cycles and flight

time. During training, proficiency, and experience-building flights, all persons not

essential for flight operations are considered nonparticipants, and the PIC must
operate the UA with appropriate distance from nonparticipants in accordance with 

14 CFR § 91.119.

12. Prior to operations conducted for the purpose of infrastructure inspection, the

PIC must have accumulated and logged, in a manner consistent with 14 CFR §

61.51(b), a minimum of five hours as UAS pilot operating the make and model of 

UAS to be utilized for operations under the exemption and three take-offs and 

three landings in the preceding 90 days. Training, proficiency, experiencebuilding, and take-off and landing currency flights can be conducted under this 

petition of exemption to accomplish the required flight time and 90 day currency.

During training, proficiency, experience-building, and take-off and landing 

currency flights all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this petition of exemption, the PIC 

and VO must have successfully completed a qualification process, as outlined in 

the operator’s manual. As this is a requirement stipulated by the operator, the test

must be developed and implemented by a qualified person designated at the sole

discretion of the operator. A record of completion of this qualification process 

must be documented and made available to the Administrator upon request.

14. Prior to operations conducted for the purpose of infrastructure inspection, a flight

demonstration, administered by an operator-approved and -qualified pilot mustbe

successfully completed and documented. This documentation must be availablefor

review upon request by the Administrator. Because the knowledge and airmanship

test qualifications have been developed by the operator, and there are no established

practical test standards that support a jurisdictional FAA FSDO evaluation and

approval of company designated examiners, the petitioner will conduct these tests in

accordance with the operator’s manual.

15. The UA may not be operated directly over any person, except authorizedand

consenting personnel, below an altitude that is hazardous to persons or property on

the surface in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has

safety mitigations for authorized and consenting personnel. At all times,those

persons must be essential to the operations.

17. Regarding distance from nonparticipating persons, the operator must ensurethat

no persons are allowed within 500 feet of the area except those consenting to be

involved and necessary for the infrastructure inspection operations. Thisprovision

may be reduced to no less than 200 feet if it would not adversely affect safety and the

Administrator has approved it. For example, an equivalent level of safety maybe

determined by an aviation safety inspector’s evaluation of the infrastructure

inspection area to note terrain features, obstructions, buildings, safety barriers, etc.

Such barriers may protect nonparticipating persons (observers, the public, news

media, etc.) from debris in the event of an accident.
18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the security perimeter and land or be recovered in

accordance with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operator’s manual.

20. Each UAS operation must be completed with 25% battery power remaining.

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under this petition

of exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

operation.

22. All aircraft operated in accordance with this exemption must be identified by

serial number, registered in accordance with 14 CFR part 47, and have identification

(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the

UAS maintenance, preventative maintenance, alterations, status of

replacement/overhaul component parts, and the total time in service of theUAS.

These procedures must be added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria

must be added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to

include the following requirement: The preflight inspection must account for all

discrepancies, i.e. inoperable components, items, or equipment, not covered in the

relevant preflight inspection sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications Commission

(FCC) or other appropriate government oversight agency requirements.

28. At least three days before scheduled infrastructure inspection, the operator of the

UAS affected by this exemption must submit a written Plan of Activities to the local

FSDO with jurisdiction over the area of proposed infrastructure inspection. The 3-day

notification may be waived with the concurrence of the FSDO. The plan of activities

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS infrastructure
inspection operations conducted under this petition of exemption;

c. Name and phone number of the person responsible for the on-scene

operation of the UAS;

d. Make, model, and serial or N-number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the infrastructure

inspection event;

f. A statement that the operator has obtained permission from property

owners and/or local officials to conduct the infrastructure inspectionevent;

the list of those who gave permission must be made available to the inspector

upon request;

g. Signature of exemption-holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area,

city, town, county, and/or state over which infrastructure inspection willbe

conducted and the altitudes essential to accomplish the operation.

29. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrator or any law

enforcement official upon request.

30. The UA must remain clear and yield the right of way to all other manned

operations and activities at all times (including, but not limited to, ultralight vehicles,

parachute activities, parasailing activities, hang gliders, etc.).

31. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1.

All operations must be conducted under visual meteorological conditions(VMC).

Flights under special visual flight rules (SVFR) are not authorized.

32. The UAS may not be operated by the PIC from any moving device or vehicle.

33. The UA may not be operated less than 500 feet below or less than 2,000feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

34. The UA may not operate in Class B, C, or D airspace without writtenapproval

from the FAA. The UA may not operate within 5 nautical miles of thegeographic

center of a non-towered airport as denoted on a current FAA-published aeronautical

chart unless a letter of agreement with that airport’s management is obtained, and the

operation is conducted in accordance with a NOTAM as required by theoperator’s

COA. The letter of agreement with the airport management must be made available to

the Administrator upon request.

35. Any incident, accident, or flight operation that transgresses the lateral orvertical

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

to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents mustbe

reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not

be conducted until the incident, accident, or transgression is reviewed by AFS-80 and

authorization to resume operations is provided.
Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, Aeronautic 

Imagery, LLC provides the following information:

Contact Information:

Edgar F. Heiskell, IV 

CEO

Aeronautic Imagery, LLC 

87 Canyon Road

Morgantown, WV 26508

(304) 290-7547

skipheiskell2@yahoo.com

Regulatory Provisions from which Aeronautic Imagery, LLC seeks an

Exemption

Aeronautic Imagery, LLC believes it may need an exemption from the following 

provisions to conduct the contemplated operations. In some instances, relief is needed 

because relief from another provision renders compliance with the regulation at hand

infeasible.

333 Aircraft Exemption Status 

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1)&(2)

14 C.F.R. §91.417(a)&(b)

Aeronautic Imagery, LLC believes an exemption is only needed from the abovelisted regulatory provisions. To the extent that the FAA believes that additional relief is 

required for Aeronautic Imagery, LLC to conduct the operations described here, we 

request an exemption from any such regulatory provisions as well.3 

3 For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as

applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met andwill

require an exemption, Aeronautic Imagery, LLC believes a separate exemption should not be required for

§91.417(a).
The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft fromthe

requirement for an airworthiness certificate based on a consideration of the size,weight,

speed, operational capability of the particular UAS, as well as its proximity to airports and

populated areas. An analysis of these criteria demonstrates that the sUAS operated without an

airworthiness certificate in the areas and under the conditions contemplated by Aeronautic 

Imagery, LLC will be at least as safe, if not safer, than a conventional aircraft (fixed wing or

rotorcraft) operating with an airworthiness certificate without the conditions proposed in this

request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates

exclusively within a secured area. Unlike other civil aircraft, operations under this exemption

will be tightly controlled and monitored by the operator and observer. Operations willbe

conducted in compliance with the FAA and with local public safety requirements to provide

security for the area of operation as is now done with conventional equipment, infrastructure,

bridge and out building evaluation. These safety enhancements provide an expanded degree

of safety to the inspectors over conventional operations. Lastly, application of thesesame

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

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

inability to carry a substantial externalload.

Given the size and limited operating area associated with the aircraft to be utilized by the

Applicant, this 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 sUAS. In all cases, 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 rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed.
14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person 

who holds a private pilot certificate may act as pilot in command of an aircraft

that is carrying passengers or property for compensation or hire; nor may that

person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of 

an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or

hire.

*****

Aeronautic Imagery, LLC anticipates initially using a cadre of specially trained 

staff to conduct the sUAS operations. While these individuals will not hold commercial 

pilot licenses. The sUAS will not carry property for compensation or hire since they will 

be used solely to assist in evaluation of the infrastructure, equipment, right-of-way, 

assets, bridges, tunnels and out-buildings in furtherance of Aeronautic Imagery, LLC’s 

client’s primary business, the successful operation of a infrastructure; however, the 

employees’ operation of the sUAS will not be incidental to their employment with 

Aeronautic Imagery, LLC, and they will be compensated for such work. Without an 

exemption, the pilot would be required to hold a commercial pilot certificate under 

§61.133. However, the risk associated with the contemplated operations is less than the 

risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the

permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within 

a geographical envelope under the sole control of Aeronautic Imagery, LLC clients. 

Accordingly, the risk would be limited to Aeronautic Imagery, LLC personnel, who will 

be appropriately outfitted in safety gear, and Aeronautic Imagery, LLC client’s property 

on the ground. Requiring a commercial pilot certificate would provide no appreciable 

safety benefit and would needlessly impose additional cost on Aeronautic Imagery, LLC. 

Because the contemplated operations would not comply with §61.113(b)(1) and none of 

the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and

(b).
14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

***

(c) 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.

*****

Aeronautic Imagery, LLC submits that the only relief it requires from §91.119 is 

from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) 

for fixed wing operations because asset evaluation conducted at 500 feet or higher is

insufficiently distinct to be meaningful. Since operations at this altitude also pose a 

heightened risk of collision with another aircraft, safety can only be assured through the 

grant of an exemption. The anticipated rotorcraft operations should be adequately

addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph 

(a) because an emergency landing of the aircraft due to a power failure will not create an

undue hazard to persons or property on the surface. As noted in the explanation of why

an exemption will not adversely affect safety, Aeronautic Imagery, LLC’s clients have

exclusive use of the land over which the sUAS will be operated, and public access is 

restricted. It also has exclusive use of significant portions of land adjacent to the 

infrastructure and structures that will be the objects of evaluation and analysis. 

Aeronautic Imagery, LLC’s clients tightly control access to land and have the ability to 

assure that no individuals unassociated with the planned operations are on the affected 

land. As such, the risk of injury is minimal. Aeronautic Imagery, LLC does not 

contemplate conducting operations over congested areas, so relief is not requested from 

paragraph (b).

14 C.F.R. 91.121

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure

airport or an appropriate altimeter setting available before departure.”

*****

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read 

out, an exemption may be needed. An equivalent level of safety will be achieved by the

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the

launch site shown on the GPS altitude indicator before flight.

Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric

data feed, which downlinks from the aircraft to a ground-based on-screen display.This

altitude information will be generated by equipment installed on board the aircraft, using

GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, orany

combination thereof. Prior to each flight, a zero altitude initiation point will be established

and confirmed for accuracy by the pilot.
14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin 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.

(b) No person may begin a flight in a rotorcraft 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, to 

fly after that for at least 20 minutes.

*****

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve

fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could 

run out of fuel in the event it has to be flown to an alternate airport or circle the planned 

airport in the event of unanticipated conditions. Aeronautic Imagery, LLC does not 

intend to use the sUAS for point-to-point flights and will not operate the sUAS beyond 

visual line of sight. Nor will the sUAS require an airport in order to land. Rather, 

Aeronautic Imagery, LLC will operate the sUAS using pre-planned flight paths (taking 

into account weather conditions) designed to allow the sUAS to fly to the point of 

intended landing. As such, there is no need for a time- based excess fuel requirement. 

Rather it should be sufficient to require only as much additional excess flight capacity as 

necessary to safely land the sUAS. We believe that a 25% battery reserve is more than 

sufficient to meet this objective.
14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§91.405 Maintenance required.

Each owner or operator of an aircraft –

(a) 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;

*****

§91.407 Operation after maintenance, preventive maintenance, 

rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, 

rebuilding, or alteration unless –

(1) It has been approved for return to service by a person authorized under

§43.7 of this chapter;

*****

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate

an aircraft unless, within the preceding 12 calendar months, it has had 

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by §43.7 of this 

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

*****

§91.417 (a) & (b)

*****

Aeronautic Imagery, LLC believes that an exemption from these three 

maintenance requirements is appropriate because the FAA has not developed 

maintenance standards that would allow an operator to meet the part 91 maintenance 

requirements. In particular, there are no individuals authorized by the FAA to approve a 

sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and 

annual return to service inspections required by §91.409(a). Aeronautic Imagery, LLC

will maintain the aircraft as instructed in the owner’s manual, where applicable, and will 

not operate the aircraft until it has reasonably determined that any needed repairs have 

been made. However, because of the technical impossibility of meeting the requirements 

of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these 

provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address 

provided above should you have any questions or concerns.

Respectfully submitted,

Edgar F. Heiskell, IV

CEO, Aeronautic Imagery, LLC.
Appendix A

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register should the FAA determine that publication is needed.

Petitioner: Aeronautic Imagery, LLC 

Sections of 14 C.F.R. Affected:

333 Aircraft Exemption Status

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 

C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and

91.417(a)&(b) to conduct sUAS operations over Aeronautic Imagery, LLC Client’s 

owned or controlled land, solely during daylight hours, to assist in the safe evaluation and 

analysis of infrastructure and operations. In general, sUAS operations are intended to be

conducted in areas remote from both congested areas and airports. The nature of

operations anticipated by Aeronautic Imagery, LLC requires that the sUAS be flown at 

relatively low altitudes. Aeronautic Imagery, LLC expects that in most instances, the 

sUAS will be flown less than 75 feet from the highest structure along the path of the 

sUAS and in no instances will be flown higher than 400 feet above the ground. 

Accordingly, the risk of interference with other aircraft is minimal.
Appendix B

Specific	type(s),	make,	and model:

DJI	Phantom	3	Professional

Aircraft Weight (Including Battery And Propellers): 1280g

Diagonal Size (Including Propellers): 590 mm

Max Ascent Speed: 5 m/s

Max Descent Speed: 3 m/s

Hover Accuracy: Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

 Horizontal: +/- 1.5 m Max Speed 16m/s (ATTI mode, no wind)

Max Altitude Above Sea Level: 6000 m

Operating Temperature: 0°C to 40°C

GPS Mode: GPS/GLONASS

Camera Sensor: Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens: FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range: 100-3200 (video) 100-1600 (photo)

Shutter Speed: 8s -1/8000s

Image Max Size: 4000 x 3000

Still Photography Modes: Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5Bracketed Frames at 0.7EV Bias

Time-lapse Video Recording Modes: UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60
 HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types:

Micro SD: Max capacity: 64 GB. Class 10 or UHS-1 rating required

Max Bitrate of Video Storage: 60 Mbps

Supported File Formats: Photo: JPEG, DNG

 Video: MP4, MOV (MPEG-4 

Operating Temperature: 0°C to 40°C

Gimbal Controllable Range: Pitch -90° to +30°

Stabilization: 3-axis (pitch, roll, yaw) Vision Positioning

Max Velocity: Less than 8 m/s (when 2 m above ground)

Altitude Range: 30 cm-300 cm

Operating Range: 30 cm-300 cm

Operating Environment: Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller Operating Frequency: 2.400 GHz-2.483 GHz

Max Distance: 2000m (outdoors and unobstructed)

Battery: 6000 mAh LiPo 2S

Receiver Sensitivity (1%PER): -101 dBm ±2 dBm

Transmitter Power (EIRP): FCC: 20 dBm

 CE: 16 dBm

Working Voltage: 1.2 A @7.4 V

Battery Charger Voltage: 17.4 V

Rated Power: 100 W

Intelligent Flight Battery Capacity: 4480 mAh

Voltage: 15.2 V

Battery Type: LiPo 4S

Energy: 68 Wh

Net Weight: 365 g

Max Flight Time: Approximately 23 minutes

Operating Temperature: -10°C to 40°C