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Aerial Advantages LLC

6 Ross St

Nashua NH 03060

EIN: 47-4270471

Contact: Brent Forman

Tel. 781-820-3923

Brent@AerialAdvantages.com

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for Exemption Per PL 112-95 §333 from §§14 CFR 61.113(a) and (b),

14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR

91.151(a), 14 CFR 91.405(a), 14 CFR 91.407(a)(1), 14 CFR 91.409(a)(2), 14

CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR 

Part 11, Aerial Advantages LLC and owner, Brent Forman, operator of Unmanned Aircraft Systems (UASs), 

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its UASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.

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

would operate in the following manner: 

 Aerial photography and videography for public and private use including real estate, architecture, 

land surveying, engineering and other related professional activities. 

 Aerial photography and videography for public and private use including television, public events, 

cinematography and news gathering. 

 Aerial inspection of residential and commercial structures under contract with the owners or local 

government authority. 

 Aerial inspection of residential and commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers under contract with the owners or local 

government authority. 

 Aerial photography and videography for providing real time data to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

 Aerial data collection using small payloads to include any remote sensing and measuring by an 

instrument(s) aboard an unmanned aerial system (UAS).

 Aerial training to persons individually or belonging to both private or public organizations that 

have interests in the use and application of a UAS for the purpose of the safe operation of a UAS 
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to enhance the safety of the National Airspace System (NAS) as well as for the protection of the 

persons and property. 

As described fully below, the requested exemption would permit the operation of a UAS under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety 

enhancements to the already safe operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the 

FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft 

systems in the national airspace system.”

The specific section or sections of 14 CFR from which we seek an 

exemption

Aerial Advantages, LLC requests exemption from the following applicable regulations, pursuant to the 

Administrator’s authority to grant exemptions contained in 49 U.S.C. § 106(f), 40113, and 44701:

14 CFR 21 Part H

14 CFR 61.113(a) and (b),

14 C.F.R. § 61.133 (b),

14 C.F.R. §91.7(a),

14 C.F.R. § 91.9 (b) (2),

14 CFR 91.103,

14 CFR 91.109,

14 CFR 91.119,

14 CFR 91.121,

14 CFR 91.151(a),

14 CFR 91.405(a),

14 CFR 91.407(a) (1),

14 CFR 91.409(a) (2),

14 CFR 91.417(a) and (b)

Aerial Advantages LLC’s and personnel background

Aerial Advantages LLC was previously established in 2012 for the primary purpose of real estate 

photography and videography. The business was recently purchased on June 14, 2015 by Brent Forman. 

Mr. Forman has extensive experience working with airborne systems. Mr. Forman has worked in the 

aerospace industry for 15+ years, developing, integrating and directing test activities for military 

electronic warfare in both manned and unmanned aerial vehicles for the U.S. government. Mr. Forman is 

a member of the Academy of Model Aeronautics (AMA) and has been responsibly flying hobby aircraft 

recreationally for over 4 years. Mr. Forman has an in depth understanding of the capabilities and safety 

concerns involved in using this technology as an asset to the community. 

Aerial Advantages LLC

Aerial Advantages LLC intends to engage in aerial data collection to include any remote sensing and 

measuring by an instrument(s) aboard an unmanned aerial system (UAS). Examples include but are not 

limited to imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 
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analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UAS. This effort is intended to promote the small Unmanned Aerial System (sUAS)

and Unmanned Aerial Vehicle (UAV) industry to the general public as a safe and beneficial resource. 

The activities that Aerial Advantages LLC intends to engage in are targeted for the sUAS industry. The

development includes but may not be limited to; flight planning and guidance subsystems, obstacle 

avoidance systems, collision avoidance/control and mitigation, data collection, and simple working 

machines designed to be deployed and/or delivered by sUAS.

Description of aircraft and systems operated by Aerial Advantages

LLC

Aerial Advantages LLC currently operates a DJI Flame Wheel F450 (Figure 1, left) and a DJI Flame Wheel 

F550 multi rotor copter (Figure 1, right), both utilizing DJI NAZA-M flight control systems. This model 

control system is readily available for purchase and is assembled by the purchaser. The manufacturer 

includes assembly manuals and system setup procedures with the system. The maximum speed of the 

UAV’s will not exceed 87 knots (100 mph). The power source is a Lithium Polymer battery between 11.4v 

to 16 v nominal. The maximum takeoff weight will be less than 55 pounds. Manuals for both airframes 

and their control systems are included as attachments. 

Figure 1: DJI F450 (Left) and DJI F550 (Right)

Aerial Advantages LLC’s proposal for conducting flight operations

Aerial Advantages LLC intends to conduct multi-rotor operations for the purpose of aerial photography, 

videography, data collection, and prototype ancillary systems development.

The aircraft is equipped with failsafe features that return the aircraft to a predetermined point within the 

controlled area and land in the event of lost radio communication. The aircraft’s control system also 

features an altitude limiting and operational distance limiting capability which can be preprogrammed 

and customized for each flight operation. The aircraft’s control system incorporates a low battery warning 

which will automatically land UAV in the event that battery voltage falls below a pre-determined

threshold. These features are outlined in attachment “Aerial_Advanatages_LLC-_NAZA_for_MultiRotor_User_Manual_v2_7” on pages 21-22. 
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The control of the UAV will be through a Radio Transmitter and Receiver that is manufactured by 

SpektrumRC operating on the 2.4 GHz spectrum. The Spektrum DX7s radio system is FCC approved.

The following protocols will be implemented for each flight:

1. The UAS take-off weight, with payload, will be less than 55 pounds 

2. The UAS will be operated at speeds less than 87 knots (100 miles per hour) or less than the 

maximum airspeed recommended by the manufacturer, whichever is lower. 

3. The UAS will be operated at an altitude less than 400 feet above ground level (AGL). 

4. The UAS Flights will be operated within visual line of sight (VLOS) of the pilot in command (PIC) at 

all times. The PIC will be capable of maintaining VLOS using human vision unaided by any device 

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

U.S. driver’s license. 

5. All operations will utilize a visual observer (VO). The UAS will be operated within the VLOS of the 

PIC and/or VO at all times. 

6. The PIC and VO will be able to communicate verbally at all times during operation. The PIC will be 

designated before the flight and duties will not be transferred for the duration of the flight. The 

PIC will ensure that the VO can perform the duties required of the VO. 

7. The PIC will possess at least a private pilot certificate. The PIC will also have a current third-class 

medical certificate or U.S. driver’s license. 

8. A PIC will only be permitted to operate if he/she demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated as described in this petition, 

including evasive and emergency maneuvers and maintaining appropriate distances from person 

and property. PIC qualification flight hours will be logged. Flights for the purposes of training PICs 

and VOs and determining the PICs ability to safely operate the UAS will be conducted in dedicated 

training sessions in clear and safe locations in such a way so as not to pose a hazard to any persons 

or property. 

9. All operations will be conducted over private or controlled access property with permission from 

the property owner/controller or authorized representative. 

10. The PIC will not commence a flight unless there is enough power for the UAS to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve power 

recommended by the manufacturer if greater. Actual data for flight endurance will be compiled 

for each aircraft battery configuration prior to the aircraft being deployed for service. Resulting 

data will be used to limit flights more accurately than the voltage alert can provide.

11. Prior to each flight the PIC will conduct a pre-flight inspection and determine if the UAS is in a 

condition for safe flight. The pre-flight inspection will account for all potential discrepancies, e.g. 

inoperable components, items or equipment. If the inspection reveals any conditions that affects 

the safe operation of the UAS, the aircraft will not be operated until the necessary maintenance 

has been performed. The Aerial Advantages Safety Checklists are attached for reference. 
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12. If the UAS undergoes any maintenance or alterations that affect the UAS operation or flight 

characteristics, a functional flight test will be performed prior to conducting further operations in 

such a way so as not to pose a hazard to any persons or property. 

13. The operator will maintain, overhaul, replace, and inspect the UAS according to the 

manufacturer’s recommendations. 

14. If the UAS loses communication with its PIC it will return to a predetermined location within the 

private or controlled access property as described in the Naza M Flight Controller Manual on Pages 

21 and 22. 

15. The PIC will abort the flight in the event of unpredicted obstacles or emergencies. 

16. The UAS will remain clear of and give way to all manned aviation operations and activities at all 

times. 

17. All operations will be conducted in accordance with an Air Traffic Organization (ATO) issued 

certificate of Waiver or Authorization (COA). 

18. All UAS approved for operation under this petition will be identified by serial number, registered 

in accordance with 14 CFR part 47, and have identification (N-Number) markings as large as 

practicable. 

19. The PIC will not operate the UAS from any moving device or vehicle. 

20. The UAS will not be operated within 5 miles of an airport unless a letter of agreement with that 

airports management is obtained or otherwise permitted by a COA exemption holder. The letter 

or agreement with the airport management will be available to the Administrator or any law 

enforcement official upon request. 

21. Documents used by the operator in accordance with safe operation and flight of the UAS will be 

available at the ground control station and will be made available to the Administrator or any law 

enforcement official upon request. 

22. The operator will obtain the consent of all persons involved in the operation and ensure that only 

consenting persons will be allowed within 50 feet of the flight operation. This radius may be 

reduced further based upon an equivalent level of safety determination with the advanced 

permission of the relevant FSDO.

The extent of relief sought by Aerial Advantages LLC and the reason 

relief is sought

The following section will describe the extent of relief Aerial Advantage’s LLC seeks in each section of 14 

CFR requested, as well as reasons why the exemption would not adversely affect safety or how the 

exemption would provide a level of safety at least equal to the existing rule:

C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

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 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate 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 
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restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, 

carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. These safety enhancements 

provide a greater degree of safety to the public and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of 

these same criteria demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load. 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command. 

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. The FAA has 

found in previous grants of exemption that a PIC with a private pilot certificate operating a sUAS would 

not adversely affect operations in the NAS or present a hazard to persons or property on the ground. 

Request relief with limitations and conditions specified in this petition. (This request is similar in all 

material aspects to request for same in grant of exemption for Troy Built Models number 11493 

Regulatory Docket No. FAA–2015–0315 & Aerius Flight LLC number 11240 Regulatory Docket No. FAA2014-0894)

14 C.F.R. § 61.133 (b): Commercial pilot privileges and limitations.

The FAA has found in previous grants of exemption that a PIC with a private pilot certificate operating a 

sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on the 

ground. Request relief with limitations and conditions specified in this petition.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance 

and use of safety check lists prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof. 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.
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14 CFR 91.103: Pre Flight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be 

needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including 

but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight. (This request is similar in all material aspects to 

request for same in grant of exemption for Troy Built Models number 11493 Regulatory Docket No. FAA–

2015–0315)

14 CFR 91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely 

piloted aircraft, 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. 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. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. (This 

request is similar in all material aspects to request for same in grant of exemption for Aerius Flight LLC 

number 11240 Regulatory Docket No. FAA-2014-0894)

14 CFR 91.119: Minimum safe altitudes

As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in 

circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet 

AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will be 

operated where buildings and people will not be exposed to operations without their pre-obtained 

consent. No flight will be taken without the permission of the property owner or local officials. Because 

of the advance notice to the property owner and participants in the filming activity, all affected individuals 

will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with conventional aircraft 

operating at or below 400 ft. AGL. In addition, the low-altitude operations of the UAS will ensure 

separation between these UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119. (This request is similar in all material aspects to request for same in grant of 

exemption for Aerius Flight LLC number 11240 Regulatory Docket No. FAA-2014-0894)

14 CFR 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 UAS 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 safety check list and live flight data monitoring, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight. (This request is similar in all material aspects to request 

for same in grant of exemption for Aerius Flight LLC number 11240 Regulatory Docket No. FAA-2014-0894 

& High Adventure Air Inc. number 11461 Regulatory Docket No. FAA-2015-0270)
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14 CFR 91.151(a): Fuel requirements

Section 91.151 (a) prohibits an individual from beginning “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; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the UAS provides 

approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR 

§91.151, UAS flights would be limited to near 0 minutes in length. Given the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR 

conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. Operating the UAS, in a controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS. Additionally, limiting UAS flights to nearly 0 minutes would greatly 

reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of 

safety can be achieved by limiting flights to 30 minutes or 20% of battery power— whichever happens

first. This restriction would be more than adequate to return the UAS to its planned landing zone from 

anywhere in its limited operating area. (This request is similar in all material aspects to request for same 

in grant of exemption for Aerius Flight LLC number 11240 Regulatory Docket No. FAA-2014-0894)

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections. 

These regulations require that an aircraft operator or owner “will have that aircraft inspected as 

prescribed in subpart E of this part and will between required inspections, except as provided in paragraph 

(c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others will

inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply 

only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. 

Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. 

An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small 

payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the 

UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will 

ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep 

a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft 

and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's User Manual. The operator will ensure that the UAS is in working 

order prior to initiating flight and perform required maintenance needed. (This request is similar in all 

material aspects to request for same in grant of exemption for Troy Built Models number 11493 

Regulatory Docket No. FAA–2015–0315 & Aerius Flight LLC number 11240 Regulatory Docket No. FAA2014-0894)

The reasons why granting Aerial Advantages LLC ‘s request would 

be in the public interest

By granting this exemption request Aerial Advantages LLC will provide the service of aerial photography, 

video and data collection to the general public and commercial enterprise that would benefit greatly from 

these services. These services would normally be cost prohibitive utilizing traditional methods. These 
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services when performed in accordance with the safety measures outlined herein pose less harm to the 

general public than traditional manned aircraft. 

By granting this exemption Aerial Advantages LLC will be able to perform critical development of UAS 

systems and ancillary systems that will allow safer conduct of certain jobs such as power line inspection, 

roof inspection and bridge inspection in a much safer and economically advantageous manner.

By granting this exemption Aerial Advantages LLC will be allowed to demonstrate UAS aircraft capability, 

systems capability and potential applications to the general public. This will enable Aerial Advantages LLC

to introduce UAV and UAS to the general public in a safe and professional manner.

The commercial, demonstrations and development operations described in this exemption request will 

be conducted wholly within the United States.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security) provide more than adequate justification to grant Aerial Advantages LLC’s 

requested exemption allowing for Aerial Advantages LLC UAS commercial operations for the purpose of 

photography, videography and promotional demonstration pursuant to the FOM and POHs.

Attachments:

NAZA_for_Multi-Rotor_User_Manual_v2_7

Spektrum DX7 user manual

F450 User Manual v2.1

F550 User Manual v2.0

Aerial Advantages Safety Check List

Sincerely

Brent Forman

Owner

Aerial Advantages LLC

 Brent J Forman