Page 1



### 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 th e 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 video graphy for public and private use including real esta te, 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 resident ial 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 co ntract with the owners or local government authority.

 Aerial photography and video graphy f or 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 an d 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 operati on of a UASPage 2

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 S ecretary 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 f rom which we seek an exemptio n
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. Fo rman 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
limite d to imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RFPage 3

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 ( s UAS )
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 include s but may not be limited to ; flight p l anning 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 s UAS.


## Description of aircraft and systems operated by Aerial Advantages

LLC

Aerial Advantages LLC currently operates a DJI Flame Wheel F 4 5 0 (Figure 1, left) and a DJI Flame Wheel

F 550 multi rotor copter (Figure 1, right), both utilizing DJI NAZA

- M flight contr ol system s

. Th is 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.

Fi gure 1 : DJI F450 (Left) and DJI F550 (Right)



## Aerial Advantages LLC ’ s proposal f or conducting flight operations

Aerial Advantages LLC intends to conduct m ulti

- rotor operations for the purpose of aerial photography, videography, d ata 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_Multi

Rotor_User_Manual_v2_7 ” on pages 21

- 22.Page 4

The control of the UA V will be thro ugh a Radio Transmitter and Receiver that is manufactured by SpektrumRC operating on the 2.4 GHz spectrum. The Spektrum DX7s radio s ystem 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 maintain ing 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 duti es 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 s afely 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 l ogged

. 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 prop erty.

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 fli ght. 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 ne cessary maintenance has been performed. The Aerial Advantages Safety Checklists are attached for reference.Page 5

12. If the UAS undergoes any maintenance or alterations that affect the UAS operation or flight characteristics, a functional flight test will be perfo rmed 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 communi cation with its PIC it w ill 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 (CO A).

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 movin g 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 wil l 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 Adm inistrator 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 5 0 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 consider ation 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 withou t an airworthiness certificate under the con ditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without thePage 6

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 cont rolled 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
conduc ted 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 pe rson 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 operatin g 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 s ame in grant of exemption for Troy Built Models number 11493 Regulatory Docket No. FAA

– 2015

– 0315 & Aerius Flight LLC number 11240 Regulatory Docket No. FAA

2014

- 0894 )



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

The FAA has found i n 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 i s 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 manu al 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 wher e the pilot flying the UAS will
have immediate access to it.Page 7



### 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 91.10 9: 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 f or 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 i s 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 91.1 19: Minimum safe altitudes
As set forth herein, the UAS will never operate at higher than 400 AG L 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 buil dings 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 film ing 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 w ith 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 conv entional 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 91.1 21: Altimeter settings

T his 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 n ot 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 t he launch site shown on the GPS altitude indicator before flight. (This request is similar in all material aspects to request
for sam e in grant of exemption for Aeri us Flight LLC number 11240 Regulatory Docket No. FAA

- 2014

- 0894 & High Adventure Air Inc. n umber 11461 Regulatory Docket No. FAA

- 2015

- 0 270 )Page 8



### 14 CFR 91.1 51(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 provi des 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, limit ing 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. (T his 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 su bpart 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 P art 43. Given that these section s 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 ope rating 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 wit h 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 Man ufacturer's User Manual. T he 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. FAA

2014

- 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 trad itional methods. ThesePage 9

services when performed in accordance with the safety measures outline d 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 g ranting 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 p opulated areas and operation within visual line of sight
and national security) provide more than adequate justification to grant Aerial Advantages LLC ’ s requested exemption allo wing for Aerial Advantages LLC UAS commercial operations for the purpose of photography, video graphy 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 v 2.1
F550 User Manual v 2.0 Aerial Advantages Safety Check List

Sincerely

Brent Forman

Owner Aerial Advantages L LC