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...,_._.,/' 

Billy F. Johnson, Jr., Owner 

7812 Thor Drive 

Annandale, VA 22003 

(703) 560-5383 

Aerialwerks@gmail.com 

Dear Sir or Madam, 1 September 2015 

SUBJECT: Petition for Exemption under FAA Section 333. 

1. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11, 

Billy F. Johnson, Jr., hereby applies for an exemption from the listed Federal Aviation Regulations to allow 

commercial operation of designated UASs. 

2. Purpose. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would provide professional services in the following areas: 

a. Aerial Photography and Videography for the real estate, construction, and utilities industries 

b. Agricultural Surveying and Application 

c. UAS Operator Training 

d. Product Demonstrations 

e. Research and Development 

3. UAS Models and Operational Characteristics: 

a. TBS Discovery Professional Quadcopters (2). These are electrically powered and are equipped with a 

GPS Stabilized Flight controller, GPS beacon, HD Video camera, 2-axis gyro-stabilized gimbal, and 

Bluetooth transponder. They weigh 2.18kg and have a maximum airspeed of 45kph. The maximum 

flight time using a 4,500mAh lithium lon battery is 21 minutes. 

b. Hoverthings Flip FPV Professional Quadcopters (2). These are electrically powered and are 

equipped with a GPS Stabilized Flight controller, GPS beacon, HD Video camera, and Bluetooth 

transponder. They weigh 1.45kg and have a maximum airspeed of 75kph. The maximum flight time 

using a 4,500mAh lithium lon battery is 24 minutes. 

c. Blackout 330 Professional Quadcopter. It is electrically powered and equipped with a GPS Stabilized 

Flight controller, GPS beacon, HD Video camera, 2-axis gyro-stabilized gimbal, and Bluetooth 

transponder. It weighs 1.27kg and has a maximum airspeed of 90kph. The maximum flight time using 

a 2,500mAh lithium lon battery is 14 minutes. 

d. Lumenier QAV-400 Quadcopter. It is electrically powered and equipped with a GPS Stabilized Flight 

controller, GPS beacon, HD Video camera, and Bluetooth transponder. It weighs 1.43kg and has a 

maximum airspeed of 80kph. The maximum flight time using a 3,300mAh lithium lon battery is 17 

minutes. 

4. Safety: 

a. Registration and Identification. UASs will be marked with the owner's name, address, phone 

number, and email address, as well as any additional FAA registration information required to 

positively identify the aircraft and owner. 
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b. Pre-Flight Inspection. Prior to each flight the PIC will inspect the UAS to ensure the craft is ready for 

flight. This inspection will include a physical inspection of the UAS, as well as checking flight controls, 

verifying a GPS location lock, and ensuring the batteries contain an adequate charge to complete the 

flight and land with at least a 20% reserve of power. The pre-flight inspection also includes reviewing 

the flight location to ensure it is not a restricted fly zone or area of concern, as well as establishing a 

20-meter safety perimeter around the takeoff and landing point. All participants, to include 

neighbors are informed of the flight prior to take off. A complete on-site safety checklist is attached. 

c. Maintenance. UASs will comply with maintenance and inspection requirements of the manufacturer. 

Each UAS will have an individual maintenance log indicating any maintenance, modification, 

alteration, rebuild or component change. In addition, the logs will indicate test flight results 

following each maintenance activity. 

d. Radio Frequencies. 

i. Control Frequency. The UAS control frequency for all UASs is 433MHz. The EzUHF 0.50 watt 

transmitter is manufactured by Immersion RC and is certified FCC-compliant. 

ii. Video Frequencies. The UAS live feed video systems can operate on either of two 

frequencies, depending on the local environment, interference and frequency congestion. 

The 0.70 watt 2.4GHz transmitter is manufactured by Immersion RC. The 0.50 watt 5.8GHz 

transmitter is also manufactured by Immersion RC. Both are certified FCC-compliant. 

e. Operator Qualifications. All flight operations will be conducted by at least two individuals (PIC and 

observer) who will maintain verbal communication with each other at all times during the flight, and 

who will remain stationary on the ground during the flight operations: 

i. A Pilot In Command (PIC) who possess the following credentials: 

1. An Airman Certificate issued under 14 CFR 61. (Billy F. Johnson holds a Private Pilot 

Single Engine License with an Instrument Rating in both Land and Sea Planes, and has 

over 700 hours of Pilot in Command time). 

2. A Valid State Driver's License. 

3. At least 200 cycles and 25 hours of flight experience in the UAS rotorcraft. 

4. At least 5 hours of flight experience and 3 takeoffs and landings in make and model 

being flown in the prior 90 days. 

ii. A Visual Observer. 

f. Flight Operations. All flight operations will comply with the following: 

i. Conducted in VMC conditions. 

ii. Maintain VLOS at all times. 

iii. Pre-flight inspections and safety risk assessments will be conducted prior to each flight. (See 

attached checklist). 

iv. Altitudes will remain below 400 feet AGL. 

v. Ground speeds will not exceed 50 knots. 

vi. Not take place within 5 nautical miles of an airport. 

vii. Not be made near or over people without their prior permission. 

viii. Not exceed 80% of the battery capacity or 30 minutes, whichever occurs first. 

ix. All applicable local Flight Standards District Office (FSDO) requirements. 

5. Exemptions Requested. 
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a. 14 CFR, Part 21, Subpart H: Certification Procedures for products and parts, Airworthiness 

Certificates. Justification: The speed, weight, size, and limited operating area associated with the 

UASs described in paragraph 3 meet the conditions of FMRA Section 333 and do not require 

airworthiness certificates. An equivalent level of safety will be achieved by permanently attaching 

the owner's name, address, phone number, and email to each of the UASs. Given the size and 

limited operating area associated with the UAS to be utilized by the petitioner, an exemption from 

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

333 of the Reform Act. Lastly, there is no credible threat to national security posed by the UAS, due 

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

a substantial external load. 

b. 14 CFR, Part 91.9(c), 45.23 (b), and 45.27(a). Justification: Even though the UASs will not have 

airworthiness certificates, an exemption may be needed. Given the size of the UAS, 2" letters for the 

"Experimental" signage is not possible. An equivalent level of safety will be achieved by permanently 

attaching the owner's name, address, phone number, and email to each of the UASs. The marking 

"Experimental" will be applied to the fuselage in compliance with 45.29(f). The FAA has issued the 

following exemptions to the aircraft marking requirements of§ 45.23(b): Exemptions Nos. 10700, 

8738, 10167 and 10167A. 

c. 14 CFR, Part 27: Airworthiness Standards: Normal Category Rotorcraft. Justification: Petitioner 

requests an exemption from Part 27's airworthiness standards for the same reasons identified in the 

exemption request from 14 CFR Part 21, Subpart H. 

d. 14 CFR, Part 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. Justification: The UAS, given its 

size and configuration has no ability or place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no room or capacity to carry such an item on 

the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the UAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607,8737, 8738, 9299, 9299A, 

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

e. 14 CFR, Part 91.103(b)(2): Preflight Action. Justification: The UAVs will not be operating from 

airports or runways. An equivalent level of safety will be for the PIC to complete a pre-flight checklist 

and risk assessment prior to each takeoff. The checklist is attached to this application. 

f. 14 CFR, Part 91.109: Flight Instruction. Justification: The UASs described in paragraph 3 do not have 

dual controls and do not carry pilots or passengers. As an equivalent level of safety, control of the 

UAS is by a ground-based PIC using a radio control link. In the event the radio link between the UAS 

and control radio is lost, the UAS will hover in place for three seconds and attempt to re-establish the 

control link. If the UAS is unable to re-establish the control link, the UAS will autonomously climb to a 

safe altitude (SOm/165 feet AGL) to clear obstructions, return to the launch point (RTL), and land 

automatically. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos. 5778K & 9862A. 

g. 14 CFR, Part 91.119: Minimum Safe Altitudes. Justification: As this exemption is for UASs 

resembling a helicopter and the exemption requests authority to operate up to an altitude of 400 

feet AGL, an exemption may be needed. However, given the size, weight, speed, and limited range of 

the UASs imposed by the VLOS requirement, the equivalent level of safety will be achieved. No flight 

will be performed without the permission of the property owner or participants in the activity. All 

affected individuals will be aware of the planned flight operations prior to beginning the flight. The 

exception to exceed the 400 feet AGL may occur when the UAS is used to survey or photograph a 
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structure that exceeds 400 feet AGL. In that instance, the UAS will not be operated more than 100 

feet above the highest point of the structure. 

h. 14 CFR, Part 91.121: Altimeter Settings. Justification: The UASs detailed in paragraph 3 are not 

equipped with barometric altimeters and do not have the payload capacity to carry them. An 

equivalent level of safety is provided via the Global Positioning System (GPS) equipment and 

telemetry data link, which downlinks from the UAS to the ground control station for real-time, active 

monitoring of the flight by the PIC. The visual flight data, as well as the on-screen telemetry data is 

recorded at the ground station. The altitude information, combined with VLOS at or below 400 feet 

AGL, ensures compliance with this section. 

i. 14 CFR, Part 91.151: Fuel requirements in VFR conditions. Justification: The UASs described in 

paragraph are powered by Lithium lon batteries that provide a maximum flight time of 20 minutes. 

Safety will not be affected by operating only under visual meteorological conditions (VMC) under 

visual flight rules (VFR), with adequate battery power to fly a total duration of 16 minutes (or 80% 

battery consumption- whichever occurs first), leaving a 20% reserve of four minutes to land the UAS 

safely. This request for exemption falls within the scope of prior exemptions. See e.g. Exemption 

10673 (allowing Lockheed Martin Corporation to operate without compliance with§ 91.151 (a)); see 

also Exemptions 2689F, 5745, 10673, and 10808. 

j. 14 CFR, Part 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration. Justification: 

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the 

documents at the ground control point where the pilot flying the UAS will have immediate access to 

it. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

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

k. 14 CFR, Part 91.405: Maintenance Required. Justification: These requirements apply only to aircraft 

that have an Airworthiness Certificate. The speed, weight, size, and limited operating area associated 

with the UASs described above meets the conditions of FMRA Section 333 and do not require an 

airworthiness certificate. An equivalent level of safety will be achieved by performing maintenance 

in accordance with the owner's manuals and maintaining a maintenance log book for each UAS. 

I. 14 CFR, Part 91.407: Operation after maintenance, preventative maintenance, rebuilding, or 

altercation. Justification: This requirement applies only to aircraft that have an Airworthiness 

Certificate. The speed, weight, size, and limited operating area associated with the UASs described 

above meets the conditions of FMRA Section 333 and do not require an airworthiness certificate. An 

equivalent level of safety will be achieved by the PIC performing pre-flight and post-flight inspections. 

In addition, following any maintenance, rebuilding or alteration, the PIC will perform a flight testing 

in a controlled, non-commercial environment to ensure the UAS is fully operational and safe. The 

owner will document the results of the test flights in the UAS maintenance log book. 

m. 14 CFR, Part 91.409: Inspections. Justification: This requirement applies only to aircraft that have an 

Airworthiness Certificate. The speed, weight, size, and limited operating area associated with the 

UASs described above meets the conditions of FMRA Section 333 and do not require an airworthiness 

certificate. An equivalent level of safety will be achieved by performing pre-flight inspections prior to 

operating the UAS. A UAS pre-flight checklist and risk assessment are attached. 

n. 14 CFR, Part 91.417: Maintenance Records. Justification: This requirement applies only to aircraft 

that have an Airworthiness Certificate. The speed, weight, size, and limited operating area associated 

with the UASs described above meets the conditions of FMRA Section 333 and do not require an 
airworthiness certificate. An equivalent level of safety will be achieved by maintaining an individual 

maintenance log book on each UAS. 

6. Thank you for your consideration. If you need more information or have questions, please contact me. 

Sincerely, 

Billy F. Johnson, Jr. 
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On-Site Safety Checklist 

Pre-flight 

• Review flight area using Google Earth. 

• Review area for FAA restricted fly zones (using FAA iPad App "B4UFiy", when available). 

• Review area for cellular towers or other transmitters. 

• Review safety checklist with sponsor. 

• Visit each neighbor to announce that aerial photography will be occurring. 

• Establish 20 meter perimeter around Launch zone. 

• Post "DANGER: Flight Operations" sign. 

Flight Set-up 

• Advise everyone of Launch zone perimeter. 

• Inspect UAV for damage. 

• Turn on remote control and make sure voltage is at least 6.5 volts. 

• Verify the correct UAV is selected under "Model". 

• Ensure all switches are in full forward (GPS Stabilized) position. 

• Clear the launch zone and plug in the UAV battery. 

• Make sure the ESC arming tones are correct. 

• Wait for the GPS to lock (Solid green LEOs slowly flashing). 

• Verify GPS lock (minimum 5 satellites) on Ground Station screen. 

• Verify UAV battery voltage (minimum 16.5v) on Ground Station screen. 

• Activate flight recorder (Red LED flashing). 

• Check that launch site is clear for liftoff. 

• Announce "Launching UAV". 

• Arm motors and climb to 10 meters. 

• Verify controls are working and displays are correct. 

• Proceed with flight. 

Flight 

• Monitor both GPS Lock (#satellites) and battery level every minute. 

• Watch for any changes to the "Launch" area. 

• Watch for any irregular craft behavior and land immediately if necessary. 

• Return the craft to the landing area within 20% of battery life (or 14.8 volts indicated). 

Post-Flight 

• Announce that the craft is returning to land. 

• Check that landing area is clear. 

• Slowly bring the UAV in for landing. 

• Disarm motors. 

• Disconnect UAV battery. 

• Turn off remote control. 

• Check UAV for damage or missing parts. 

• Store all equipment. 
Safety Checklist 

Aerialwerks, LLC operates under the following guidelines and follows all FAA regulations. Please initial each item 

and sign at the bottom. 

Please be aware of the following limitations: 

• We cannot fly within 1 mile of FAA Restricted Zones. 

• We cannot fly within 5 miles of an operating airport. 

• We cannot fly more than 400 feet above the launch elevation. 

• We must maintain a 20 meter perimeter around the takeoff point. 

• We will land the UAV immediately if problems occur . 

• 

Privacy Concerns: 

• If neighbors have concerns we cannot fly until they are resolved. 

• If photography is a concern we cannot fly until it is resolved. 

Safety: 

• You agree to assist in controlling the number of people in the Launch zone. 

• You agree to assist in the safety of the flight. 

Safety Checklist Signatures 

Printed Name & Signature 

Bill Johnson 

Owner, Aerialwerks