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Thomas E. Batchelder Esq.

International Law & Aviation, LLC

12175 Glacier Highway

Unit E203

Juneau, Alaska 99801

386-689-1474

July 3, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Public Docket No. FAA-2015-1821 Amendment

Dear Sir or Madam,

This amendment to petition Public Dockett No. FAA-2015-1821 is submitted per request by your 

office dated 6-10-15 in regards to an Application for Issuance of Section 333 Exemption of the FAA 

Modernization and Reform Act of 2012. The original exemption request dated May 20, 2015, was sought 

by Aerial Video & Photography of 9257 Sharon Street Juneau Alaska 99801 (Aerial) and was a fast track 

request based upon Exemption 11204 issued to Build Imagery, LLC. (Build) The original petition sought 

exemption to allow Aerial to operate the DJI Inspire 1 or other aircraft approved for commercial 

operations under Exemption 11204.

Your office has requested the following additional information in relation to the Aerial petition 

Public Dockett No. FAA-2015-1821:

1-The specific section or sections of 14 CFR from which relief is sought, the extend of such relief and the 

reason the relief is sought.

2-The reason why granting the request would be in the public interest and in particular how it benefits 

the public as a whole.

3-The reasons why the exemption would not adversely affect safety or how the exemption would 

provide a level of safety at least equal to that provided by the rule from which exemption is sought.

4-Any additional information, views or arguments available to support your request.
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Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Aerial Video and Photography (Aerial) an operator of Small Unmanned Aircraft Systems 

(“UASs”) for aerial image acquisition including but not limited to, the following industries: motion

picture and television, real estate, short range inspection, mapping & survey, agriculture, search & 

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

commercial operation of its UASs.

Aerial’s requested exemption would permit the operation of UAS under controlled and secure 

conditions that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide 

greater safety in connection with aircraft operations. As established by the exemptions already granted 

by the FAA, approval of Aerial’s exemption would 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.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Timothy Foster

Aerial Video & Photography

9257 Sharon Street

Juneau, Alaska 99801

Phone 907-500-8977

uavjuneau@gmail.com

Regulations from which the exemption is requested:

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

UASs operated by Aerial weigh less than 55 pounds, including the payload (i.e. camera, lens, and 

gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously move

vertically and horizontally. Aerial will only operate its UASs in line of sight and will operate only within 

the secure area described in the FOPM. Such operations will insure that the UAS will “not create a

hazard to users of the national airspace system or the public.”

Given the small size of UASs and the restricted secure environment within which they will operate, 

Aerial UAS operations adhere to the Reform Act’s safety requirements. Additionally, due to the size of 

the UASs, permission from relevant property owners or other applicable parties, and the limited areas in 

which they will operate, approval of this application presents no national security issues. Based on the

substantial level of safety surrounding the proposed operations, and the significant public benefit 

(enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the 

requested exemption is in the public interest.
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Accordingly, Aerial respectfully requests that the FAA grant the requested exemption. 

Aircraft and Equivalent Level of Safety

The operating limitations proposed by Aerial, provide for at least an equivalent or higher level of safety 

because operations further enhance safety of aerial image collection using conventional aircraft.

The limitations and conditions include:

• The UAS will weigh less than 55 pounds. Frequently far less.

• Flights will be operated within line of sight of a pilot and/or observer.

• Maximum flight time for each operational flight will be no more than 30 minutes. Flights will be 

terminated at no less than 25% battery power reserve should that occur prior to the 30 minute 

limit.

• Flights will be operated at an altitude below 400 feet AGL, and not more than 200 feet above an 

elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and the 

Camera Operator.

• A UAS pilot will be an FAA licensed airman with at least a sport pilot’s certificate, and third class 

medical or valid US or Canadian driver’s license.

• A UAS pilot will be Pilot in Command (PIC).

• The UAS will only operate within a confined secure area as defined in the FOPM.

 A briefing will be conducted for planned UAS operations prior to each day’s flight. All personnel 

performing duties within the boundaries of the safety perimeter are required to attend.

 The operator will obtain consent of all persons involved in the filming and ensure that only 

consenting persons will be allowed within 500 feet of the flight operation.

 The Pilot and observer must be trained in UAS operations and have received current information 

on the particular UAS to be operated as required by the FOPM.

 The Observer and pilot will be able to communicate by voice and/or text at all times.

 Written and/or oral permission from the relevant property holders will be obtained prior to 

flight operations.

 All appropriate permissions and permits will be obtained from territorial, state, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

 If the UAS loses communications or loses its GPS signal, the UAS will have the capability to 

return to a pre-determined location within the secure perimeter and land.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

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

Pilot in Command

Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of

current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than 

a commercial pilot’s license to operate a UAS. Unlike a conventional manned aircraft, a UAS is remotely 

controlled by a ground-based operator. The operational area is controlled and restricted, and all flights 

are planned and coordinated in advance. The level of safety exceeds that provided by a single
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individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated 

with the use of a UAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 allowing UAS use by a sport pilot as the PIC exceeds the present level of safety 

sought by 14 C.F.R. §61.113 (a) and (b).

14 C.F.R. § 91.103:

Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As 

FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an 

equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, 

flight battery requirements, landing and takeoff distances, and aircraft performance data before 

commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes:

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in 

pertinent part, that: “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.” Because Aerial requests 

authority to operate at altitudes no higher than 400 AGL, and not more than 200 above an elevated 

platform from which filming is planned, an exemption is needed to allow such operations. Except for the 

limited conditions stated in the FOPM, the UAS will never operate higher than 400 AGL. It will, however, 

be operated in a restricted area within a security perimeter, where buildings and people will not be 

exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of property owners or local 

officials. Because of the advance notice to the property owners and participants in the filming activity, 

all affected individuals will be informed of the planned flight operations. Compared to flight operations 

for manned aircraft and the lack of flammable fuel, any risk associated with the proposed UAS 

operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations of the UAS will ensure separation between a UAS and conventional aircraft.

14 C.F.R. §91.121:

Altimeter Settings

Section 91.121 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 a UAS may not have a barometric altimeter, but instead a GPS altitude 

data, an exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant 

to the FOPM and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.
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14 C.F.R. §91.151(a):

Fuel Requirements for Flight in VFR Conditions

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 . . . .” The typical battery powering the Aerial UAS provides less than 30 minutes of powered 

flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, UAS flight would not be possible. 

Given the limitations on the UAS’s proposed flight area and its proposed operations within a 

predetermined location, a longer time frame for flight in daylight VFR conditions is reasonable. 

Furthermore, operating the UAS in a tightly controlled area where only people, property owners, or 

official representatives who have signed waivers will be allowed, less than 30 minutes of reserve fuel 

does not engender the type of risk that §91.151(a) was intended to address. Aerial believes that safety 

can be achieved by limiting flights to 30 minutes or 25% of battery power, whichever occurs first. This

restriction would be more than adequate to return the UAS to its predetermined landing zone from 

anywhere in its limited operating area.

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 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...,” and 

others shall 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 Aerial operations. Maintenance will be accomplished by the operator.

An equivalent level of safety will be achieved because the UAS are limited in size, will carry a small 

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

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

As provided in the FOPM, the operator will ensure that the UAS is in working order prior to flight, 

perform any required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the UAS and best suited to maintain it in an airworthy 

condition.

Summary for Publication

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

should it be determined that publication is needed:

Aerial seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a);

91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned 

vehicle (55 pounds or less) in commercial image acquisition operations.

As established by the UAS exemptions already granted by the FAA, allowing commercial operations of 

UASs in agriculture, real estate, inspection, S & R, and film industries will enhance safety by reducing 
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risk. Conventional survey, agricultural, mapping, inspection, and film operations, using turbine aircraft, 

operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, 

and which carry large amounts of fuel. Such aircraft must also fly to and from the target location. A UAS 

weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that risk given the

small size and lack of combustible fuel. The UAS is carried, and not flown, to target site. The UAS carries 

no passengers or crew and, therefore, will not expose them to the risks associated with manned flights.

The operation of UASs conducted in the strict conditions outlined in the FOPM will provide an 

equivalent level of safety supporting the grant of the exemption requested herein. The UASs operate at 

slow speeds, close to the ground, and in a secure environment. As a result, they are far safer than 

conventional operations conducted with turbine helicopters flying near the ground and people.

Privacy

All flights will occur over private or controlled access areas with the property owner’s prior consent and 

knowledge. Recognizable images will only be recorded of people who have given their consent or 

otherwise have agreed to be in the area where active image acquisition will take place.

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’s requested exemption, 

allowing for Aerial UAS commercial operations for the listed industries pursuant to the included FOPM.

If you have any questions or need any additional information, please contact the undersigned.

Very truly yours,

Thomas E. Batchelder Esq.

Attorney for Aerial Video & Photography

International Law & Aviation, LLC

12175 Glacier Highway

Unit E203

Juneau, Alaska 99801

Cell: 386-689-1474

tbatchelder@globallegalconsulting.com