November 3, 2015

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: Petition AGL Drone Services for Exemption from Certain Federal Aviation Regulations to Operate 

Unmanned Aircraft Systems Pursuant to Section 333 of the FAA Modernization and Reform Act

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Kenneth Hanes, operator of an 

Unmanned Aircraft System (UAS), hereby apply, on behalf of AGL Drone Services, LLC, for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

UAS, 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. 

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 

61.23(a) and (C), 61.101(e)(4)and (e)(5), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) 

and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR). This proposed exemption would allow the operation of unmanned aircraft 

systems (UAS) for the purpose of aerial videography and photography for construction, real estate, 

and nature purposes. 

Applicant: 

Kenneth Hanes

Private Pilot Certificate #: 2811148

Owner 

AGL Drone Services, LLC

4367 West 117th Ave.

Westminster, CO 80031

kenhanes@agldroneservices.com

719.332.2586

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

would operate in the following manner:

 Aerial photography and/or video for public and/or private use including construction, real 

estate and other related professional activities. 

 

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 responsibilities to “....establish requirements for the safe operation of 

such aircraft systems in the national airspace system.” 
As found in Exemption No. 12700 (Andrew Lassiter), the FAA recently approved similar use of a DJI 

Phantom 3 Professional UAS. We will operate the same Model - Phantom 3 Professional UAS, which is 

comprised of an unmanned aircraft (UA or Phantom), an attached 4K camera and a transportable 

ground station. The PHANTOM 3 is a quad copter with a gross weight of 2.8 pounds. It is equipped 

with four rotors that are driven by electric motors powered by batteries. The UA has a maximum 

airspeed of 16 m/s. It will be operated over various areas, primarily sparsely populated areas of 

Colorado to capture new construction projects, commercial properties, and related business 

operations. 

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, which ensures a 

level of safety at least equal to existing rules: 

• operate UAS below 300 feet and within a radius distance of 1000 feet from the controller to aid in 

direct line of sight visual observation; 

• obtain permission from the owner/controller of any vessels, vehicles and structures when 

operations may be conducted closer than 500 feet to any such vessels, vehicles or structures; 

we will conduct a safety assessment of the risk of operating closer to those objects and determine 

that it does not present an undue hazard; 

• operate the UAS for 5-15 minutes per flight; 

• land UAS prior to the manufacturer’s recommended minimum level of battery power; 

• operate UAS during daylight hours only within visual line of sight (VLOS); 

• use the UAS’ global positioning system (GPS) flight safety feature whereby the UAS returns to the 

take off point at a pre-determined altitude (at least 100 ft agl) if the remote control pilot is lost; 

• conduct all operations under the flight safety protocols contained in 

the operating documents and will actively analyze flight data and other sources of information to 

constantly update and enhance safety protocols; 

• contact respective airports if operations will be within 5 miles to advise them of his estimated flight 

time, flight duration, altitude of flight, and other pertinent information; 

• always obtain all necessary permissions prior to operation; have procedures in place to abort flights 

in the event of safety breaches or potential danger; 

• only operate in safe environments that are strictly controlled, are away from power lines, elevated 

lights, airports and densely populated areas (defined by areas depicted in “yellow” on VFR charts and 

through obtaining information regarding congested areas from the local Flight Standards District 

Office (FSDO); 

• conduct extensive preflight inspections and protocols, during which safety carries primary 

importance (reference PHANTOM Flying Flow Chart and User Manual).

• always check weather conditions, TFR’s, and airspace before every flight.

• use a handheld weather meter at flight site to determine wind speed, temperature, and humidity to 

ensure safe flight conditions. 

Regarding UAS operational training, I hold a private pilot license and I have accumulated many flight 

hours with the Phantom 3 Professional through practice flights in unpopulated areas as a hobby. I am 

very familiar with the operation, safety features, and product features of the UAS, and have a full 

understanding of the effects of wind, humidity, and temperature on the performance of the UAS.

Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi rotor UAS. The PIC will also have accumulated and logged a minimum of 5 hours as 
a UAS pilot operating the same make and model of UAS to be used for operations. In addition to the 

hour requirements, the PIC will accomplish 3 take offs and landings in the preceding 90 days (for 

currency purposes) prior to any flight. 

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) 

(Certifications required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112 95 

(Section 333). 

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, the two inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing the 

word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an 

airworthiness certificate, since there is currently no certificate applicable to our operation, this 

regulation is inapplicable. 

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b)

Maintenance inspections since they only apply to aircraft with an airworthiness certificate. However, 

as a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined 

in the attached operating documents. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, 

however since there are no pilots or passengers on board the aircraft and given its size, this 

regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a 

safety/flight manual with the UAS ground station. 

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil 

aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not 

operate our UAS above the altitude of 300 feet above ground level (AGL) and will also only operate in 

safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or 

below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and 

speed of the UAS, an equivalent or higher level of safety will be achieved. 

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS utilizes 

electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 

100% electric and two low battery alerts are issued per the operating documents, the UAV will be 

landed at the first alert. Also, our flights will last only 5-15 minutes each, and the UAS has an 

automated function, which results in immediate landing when a low battery is detected. The PIC will 

not begin a flight unless (considering wind and forecast weather conditions) there is enough power to 

fly to the first point of intended landing and, assuming normal cruising speed, land the UA with 30% 

battery power remaining. 
Public Interest

Aerial photography and videography for construction and commercial buildings are proven strategies 

to enhance marketing efforts and increase business success. The industry is not new. However, until 

recently it was conducted through the use of costly manned aircraft, a prohibitive business activity 

for small companies. By granting this exemption I would be able to provide affordable services. 

Further, the small UAS will pose no threat to the public given its small size and lack of combustible 

fuel when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize 

harm to the environment economic growth by providing information to companies and the public 

looking to relocate or build in the metro areas we service. Public and private events serviced by our 

business enhance vibrancy and add culture to the community and its citizens. 

Summary

We will comply with all of the following conditions and limitations should this exemption be 

provided: 

1) Operations will be limited to the following aircraft described in the operating documents, which is 

a quad rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft System. 

2) The UA will not be flown at an indicated airspeed exceeding 50 knots. 

3) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL), All

altitudes reported to ATC must be in feet AGL. 

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all 

times. 

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

sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. 

The PIC will be designated before the flight and will not transfer his or her designation for the 

duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the 

operating documents. 

6) The operating documents will be accessible during UAS operations and made available to the 

Administrator upon request. Any revisions to the operating documents will be presented to the 

Administrator upon request. 

7) Prior to each flight, the PIC will 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 UAS will not be operated 

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

safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance 

and alterations will be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts 

the functional test flight will make an entry in the aircraft records. 

9) The pre flight inspection section in the operating documents will account for all discrepancies, i.e. 

inoperable components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, in accordance with 

the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft 

records, including total flight hours, description of work accomplished, and the signature of the 

authorized person returning the UAS to service. 
12) Each UAS operated will comply with all manufacturer Safety Bulletins. 

13) An authorized person will make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

14) UAS operations will be conducted by a PIC possessing at least a private pilot certificate and at 

least a current third class medical certificate. The PIC will also 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. 

15) Prior to operations conducted for the purpose of aerial videography and photography for 

construction, real estate, and nature purposes and similar operations, the PIC will have accumulated 

and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi rotor UAS. 

16) Prior to operations conducted for the purpose of aerial videography and photography for 

construction, real estate, and nature purposes and similar operations, the PIC will have accumulated 

and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot 

operating the make and model of the UAS to be used in operations. The PIC will accomplish 3 take offs 

and landings in the preceding 90 days. 

17) The PIC will not operate the UAS for aerial videography and photography for construction, real 

estate, and nature purposes and similar operations, unless the PIC has demonstrated and logged in a 

manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent 

with the operating documents, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

18) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be 

conducted under visual meteorological conditions (VMC). 

19) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA published aeronautical chart. 

20) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

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

21) If a UA loses communications or loses its GPS signal, it will return to a predetermined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents. 

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents. 

23) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly at normal cruising speed to the intended landing point and land the UA with 30% 

battery power remaining. 

24) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations, and also request a Notice to Air man (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the operation. 

25) Before conducting operations, the radio frequency spectrum used for operation and control of the 

UA will comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents will be made available to 

the Administrator or any law enforcement official upon request. 

27) The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

28) The UAS will not be operated by the PIC from any moving device or vehicle. 

29) The UA will not be operated over congested or densely populated areas. 
30) Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA 

and/or debris in the event of an accident. We will ensure that nonparticipating persons remain under 

such protection. If a situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such 

vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not present an undue hazard, 

and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue 

hazard to those persons per § 91.119(a). 

31) All operations will be conducted over private or controlled access property with permission from 

the land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted. 

32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration 

Office (AFS 80) within 24 hours. Accidents will be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

If you have questions or need additional information, please contact me at 

kenhanes@agldroneservices.com or 719.332.2586. 

Thank you, 

Kenneth Hanes

Private Pilot Certificate #: 2811148

Owner 

AGL Drone Services, LLC