July 30, 2015

Exemption No. 12238

Regulatory Docket No. FAA–2015–2041

Mr. George W. Weaver

CEO

Airship Imaging, LLC

8300 East Dixileta Drive, Suite 281

Scottsdale, AZ 85266

Dear Mr. Weaver:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 18, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Airship Imaging, LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the 3D Robotics Iris 8+ and DJI Phantom 3.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 
2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Airship Imaging, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Airship Imaging, LLC is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the 3D Robotics Iris 

8+ and DJI Phantom 3 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use 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.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 
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operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 
5

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

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

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must 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. The operator must 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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May	18,	2015

Mr.	James	Williams

Manager,	Flight	Standards	Service

Unmanned	Aircraft	Systems	Integration	Office	Federal	Aviation	Administration

800	Independence	Avenue,	SW

Washington,	DC	20591

U.S.	Department	of	Transportation,	Docket	Operation	West	Building	Ground	Floor,	

Room	w12-140

1200	New	Jersey	Avenue,	SE

Washington,	DC	20590

Re:	Request	for	exemption	from	multiple	regulatory	provisions	to	allow	the	use	of	

small	unmanned	aerial	systems	to	photograph	property	owned	or	controlled	by	

clients	of	Airship	Imaging for	marketing	and	promotional	purposes.	

Dear	Mr.	Williams:

Airship	Imaging respectfully	requests	an	exemption	from	several	provisions	of	Title	

14	of	the	Code	of	Federal	Regulations	(C.F.R.)	to	permit	the	use	of	small	unmanned	

aerial	systems	(sUAS)	to	photograph, for	marketing	and	promotional	purposes, real	

property	owned	or	controlled	by	our	clients. This	request	is	motivated	primarily	by	

our	desire	to	maximize	safety	in	populated	areas.	Accordingly,	the	grant	of	an	

exemption	is	consistent	with	Congress’	intent,	reflected	in	Section	333	of	the	FAA	

Modernization	and	Reform	Act	of	2012	(Modernization	Act)1, that	safe	systems	be	

permitted	in	the	national	airspace	prior	to	the	issuance	of	final	regulations	

governing	general	use	of	these	systems.2 A	summary	of	this	request	suitable	for	

publication	in	the	Federal	Register	is	provided	as	Appendix	A.

Appendix	B	provides	the	manufacturers	information	regarding	the	design,	aircraft	

performance,	and	fail-safe	features.	We	have	provided	manufacturer	information	

related	to	operating	limitations,	normal	and	emergency	procedures,	and	

maintenance	and	inspection	procedures.	As	we	add	additional	aircraft	designs	we		

will	update	this	appendix	appropriately.

Background	Information

Airship	Imaging is	in	the	business of	producing	marketing	images	for	real	estate	

clients.	As	our	clients	rely	on	us	for	safe	operations	of	sUAS,	we	have	developed	

specific	Airship	Imaging Safe	UAV	Operational	Procedures.	As	part	of	this	Airship

Imaging is	requesting	FAA	Exemption	for	sUAS	operations	for	photography	and	

video	capture.

																																																							

1 P.L. 112-95, 126 Stat 11, February 14, 2012

2

Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type 

of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and 

operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national 

security. 
Regulatory	Basis	for	Exemption	Request

In	addition	to	the	waiver	authority	provided	in	§333	of	the	Modernization	Act,	the	

FAA	may	grant	an	exemption	under	49	U.S.C.	§44701(f)	if	it	has	determined	that	

such	an	exemption	is	in	the	public	interest.	The	FAA	has	imposed	a	separate	

requirement	in	its	procedural	regulations,	providing	that	the	petitioner	shall	explain	

why	granting	the	exemption	would	not	adversely	affect	safety	or how	the	exemption	

would	provide	at	least	an	equivalent	level	of	safety	as	compliance	with	the	

underlying	regulation.	In	this	case,	approval	of	this	exemption	would	advance	the	

public	interest	by	enhancing	the	safety	and	efficiency	of	aerial	photograpy

operations	by	eliminating	the	need	for	larger,	noisier	manned	aircraft. As	described	

more	fully	below,	the	requested	exemption	would	permit	the	operation	of	sUAS	

under	tightly	controlled	conditions,	thus	ensuring	that	operations	will	not	have	an	

adverse	impact	on	safety.

Granting	an	Exemption	will	not	Adversely	Affect	Safety

Airship	Imaging notes	that	there	is	no	applicable	standard	for	an	equivalency	

determination.	Some	have	argued	that	the	appropriate	standard	is	that	for	model	

aircraft,	noting	that	their	operations,	if	conducted	for	recreational	purposes,	would	

fall	completely	within	the	allowable	operations	for	model	aircraft.	We	believe	it	is	

difficult	to	argue	that	there	is	sufficient	correlation	between	model	operations	

controlled	by	the	Academy	of	Model Aeronautics	and	the	ones	contemplated	by	

Airship	Imaging.	At	the	same	time,	it	is	clear	that	equivalency	cannot	be	established	

for	traditional,	manned	civil	aircraft	because	the	design	and	use	profiles	between	

traditional	aircraft	and	sUAS	are	simply	too	different.	As	such,	we	believe	it	makes	

more	sense	to	focus	on	why	the	contemplated	operations	would	not	adversely	affect	

safety,	which	is	all	that	§11.81(e)	requires.

Granting	an	exemption	will	not	adversely	affect	safety.	Airship	Imaging

contemplates	conducting	sUAS	operations	over client	owned	or	controlled	property,	

solely	during	daylight	hours,	at	altitudes	well	below	that	which	would	pose	a	risk	to	

other	aircraft.	The	nature	of	operations	anticipated	by	Airship	Imaging requires	that	

the	sUAS	be	flown	at	relatively	low	altitudes	and	relatively	low	speeds.	We	expect

that	in	most	instances,	the	sUAS	will	be	flown	less	than	75	feet	from	the	highest	

structure	along	the	path	of	the	sUAS.	Accordingly,	the	risk	of	interference	with	

another	aircraft	is	minimal. Airship	Imaging also	plans	to	conduct	sUAS	operations	

at	least	three	miles	from	any	public	airports	(including	heliports).	In	the	event	an	

operation	needs	to	be	conducted	closer	to	an	airport,	Airship	Imaging will	inform	

the	airport	operator	and	airport	air	traffic	control	tower	of	the	contemplated	

operation	and	will	comply	with	any	directions	issued	by	air	traffic	control	at	that	

airport.

Approval	of	exemptions	allowing	commercial	operations of	sUASs	in	the	aerial	

photography industry	will	enhance	safety	by	reducing	risk.	Conventional	aircraft	

and	helicopters	often	used	for	such	work	weigh	in	the	neighborhood	of	4,000lbs.,	

carry large	amounts fuel and	must	fly	to	and	from	the	client’s	property.	In	contrast,	a	

sUAS	weighing	fewer	than	55	lbs.	and	powered	by	batteries	eliminates	virtually	all	
of	that	risk	given	the	reduced	mass	and	lack	of	combustible	fuel	carried	on	board.	

The	sUAS	is	carried	to	the	property.	 The	sUAS	will	carry	no	passengers	or	crew	and,	

therefore,	will	not	expose	them	to	the	risks	associated	with	manned	aircraft	flights.

The	operation	of	small	UASs,	weighing	less	than	55	lbs.,	conducted	in	the	strict	

conditions	outlined	above,	will	provide	an	equivalent	level	of	safety	supporting	the	

grant	of	the	exemptions	requested	herein,	including	333	Aircraft	Exemption	Status	

exempting	the	applicant	from	conventional	aircraft	requirements	and	allowing	

commercial operations.	These	lightweight	aircraft	operate	at	slow	speeds,	close	to	

the	ground,	and	in	a	controlled	environment	and,	as	a	result,	are	far	safer	than	

conventional	operations	conducted	with	turbine	helicopters	operating	in	close	

proximity	to	the	ground	and	people.

The	safety	of	those	on	the	ground	is	protected	by	the	fact	that	operators	will	always	

observe	mechanical,	weather,	and	battery	reserve	limitations.		Airship	Imaging

initially	intends	to	use	a	dedicated	staff	for	sUAS	operations.	All	operations	will	be	

within	visual	line-of-sight	(i.e.,	no	more	than	a	few	hundred	feet from	the	

manipulator	of	the	controls,	or	pilot	in	command	(PIC)).	Each	PIC	will	conduct	at	

least	three	take-offs	and	landings	with	the	sUAS	on	which	he	or	she	is	trained	every	

90	days.	PIC’s	will	establish	their	qualifications	thru	a	combination	of	aeronautical	

knowledge,	UAS	airmanship	skills,	and	verification	through	testing	of	flight	ability	

before	aerial	photography	operations	have	commenced.	

There	are	no	standards	for	either	Private	or	Commercial	sUAS	pilot	certificates.	The	

safe	operation	and	control	of	the	sUAS	as	described	in	this	application	does	not	

depend	on	the	type	of	FAA	license	held	by	the	PIC.	Given	the	restrictions	on	

operating	in	controlled	airspace,	the	key	factors	needed by	the	PIC	are	knowledge	of	

the airspace	under	which	operations	are	conducted	and	how	that	airspace	fits	into	

the	National	Airspace	System	(NAS).	That	knowledge	can	be	and	is	gained	primarily	

through	ground	school	and	not	through	flight	training	in	fixed	wing	or	rotor	aircraft,	

nor	is	it	dependent	on	the	acquisition	of	a	commercial	or	private	pilot’s	certificate.	

Those	certificates	demonstrate	knowledge	of	the	factors	and	skills	needed	for	the	

safe	operation	of	those	types	of	aircraft	(fixed	wing	or	rotorcraft).	It	cannot	be	

assumed	that	a	commercial	pilot,	approved	to	operate	a	helicopter	or	fixed	wing	

aircraft,	has	the	skill	or	ability	to	safely	operate	a	small	unmanned	aerial	vehicle,	

operating	at	400	AGL	or	lower,	within	strictly	controlled	pre-approved	airspace.	

Besides	knowledge	of	airspace	regulations,	dexterity	in	the	control	and	operation	of	

the	sUAS	acquired	from	actual	operation	of	the	aircraft	is	the	most	important	factor	

in	establishing	an	equivalent	level	of	safety.

If	the	PIC	has	acquired	the	necessary	knowledge	of	airspace	requirements,	the	

relevant	issues	are	(1)	where	the	aircraft	will	be	flown,	(2)	the	size	of	the	aircraft	

relative	to	what	is	being	used	today	to	accomplish	the	same	mission,	and	(3)	what	

precautions	will	be	taken	to	ensure	the	safety	of	those	in	the	area	of	operation.	We	

propose	that	the	PIC	has	at	least	an	FAA	Private	Pilots	Certificate	and	a	Class	III	

medical;	the	aircraft	be	operated	within	a	secure	environment;	and	that	no	one	be	

allowed	to	enter	the	secure	environment	unless	they	are	part	of	the	operation,	have	

been	fully	briefed	of	the	risks	prior	to	operation	of	the	sUAS,	and	have	consented	to	
the	risks	associated	with	being	in	the operating	area.	Should	there	be	a	mishap,	the	

sUAS	being	flown	pose	significantly	less	of	a	threat	than	the	helicopters	and	fixed	

wing	aircraft	now	being	employed	because	they	are	a	fraction	of	the	size,	carry	no	

flammable	fuel,	do	not	carry	crew	or	passengers,	and	pose	an	infinitesimal	risk	to	

others.	This	is	in	stark	contrast	to	conventional	aircraft	that	are	flown	to	the	site,	

carry	explosive	fuel,	carry	passengers	and	crew,	and	operate	in	a	much	larger	area.

From	a	practical	standpoint,	there	are	relatively	few	licensed	full-scale	aircraft	pilots	

who	are	also	qualified	to	fly	the	type	of	sUAS	that	are	utilized	for	image-capture	

operations.	There	are	even	fewer	commercial	pilots	that	can	fly	these	sUAS	– to	the	

point	that	to	do	both	is	considered	rare.	Assuming	that	it	is	unlikely	for	a	company	

to	find	a	pilot	that	has	both	qualifications,	that	company	would	either	have	to	source	

a	qualified	sUAS	pilot	to	train	and	obtain	a	commercial	certificate,	or	find	a	

commercial	certificated	pilot	who	would	be	willing	to	learn	to	fly	a	sUAS	to	the	

competency	level	required	for	professional	use.

Minimum	requirements	for	the	PIC	include:

1)	Private	Pilot’s	license	and	a	Class	III	medical;

2)	A	minimum	of	200	flight	cycles	and	25	hours	of	total	time	as	a	sUAS	rotorcraft	

pilot	and	at	least	10	hours	logged	as	a	sUAS	pilot	with	a	similar	sUAS	type	(single	

blade	or	multirotor);

3)	A	minimum	of	5	hours	as	sUAS	pilot	with	the	make	and	model	of	sUAS	to	be	

utilized	for	operations	under	the	exemption	and	3	take	offs	and	landings	in	the	

preceding	90	days;

4)	Have	undergone	a	qualification	process	as	specified	in	the	Flight	Operations	&	

Procedures	Manual	consisting	of	a	knowledge	&	skill	test	of	the	aircraft	to	be	used.

Another	consideration	supporting	the	certificate	requirement	is	that	pilots	holding	a	

private	pilot	certificate	are	subject	to	security	screening	by	the	Department	of	

Homeland	Security.	This	requirement	should	ameliorate	security	concerns	over	UAS	

operations	under	this	exemption.

Airship	Imaging intends	to	use	commercially	available	sUAS	systems. These	sUAS	

systems	will	be	tested	for	quality	&	safety	in	our	facility	before	being	used.	The	sUAS	

is	less	than	55	lbs.	fully	loaded,	carries	neither	a	pilot	nor	passenger.	We	have	a	

routine	maintenance	schedule	to	verify	that	the	sUAS	will	remain	in	safe	and	

operational	condition.	

Please	see	Appendix	B,	for	Specific	Types of	sUAS,	and	attachments	for	operating	

manuals.

Notes	Regarding:	14	C.F.R.	Part	21,	Subpart	H

In accordance	with	the	statutory	criteria	provided	in	Section	333	of	PL	112---95	in	

reference	to	49	USC	44704,	and	in	consideration	of	the	size,	weight,	speed,	and	

limited	operating	area	associated	with	the	aircraft	and	its	operation,	we	request	that	

this	aircraft	exemption	meets	the	conditions	of	Section	333.	Therefore,	if	granted	

Section	333	relief	of	14	CFR	part	21,	and	any	associated	noise	certification	and	

testing	requirements	of	part	36,	is	not	necessary.
Notes	Regarding:	14	C.F.R.	§	45.23	(b).	Marking	of	the	Aircraft

Given	the	size	of	the	sUAV,	two-inch	lettering	will	be	impossible.	UA	will	be	

identified	by	serial	number,	registered	in	accordance	with	14	CFR	part	47,	and	have	

identification	(N---Number)	markings	in	accordance	with	14	CFR	part	45,	Subpart	C.	

Markings	will	be	as	large	as	practicable.

Notes	Regarding:	14	CFR	§	91.7(a)	Civil	Aircraft	Airworthiness

Airship	Imaging’s	request	is	based	on	the	fact	that	no	airworthiness	certificate	will	

be	issued	for	the	UAS.	AIRSHIP	IMAGING’s	UAS	will	not	require	an	airworthiness	

certificate	in	accordance	with	14	CFR	part	21,	Subpart	H.	Based	on	the	fact	that	an	

airworthiness	certificate	will	not	be	issued,	exemption	from	§	91.7(a)	is	not	

necessary.

Notes	Regarding:	14	CFR	§	91.9(b)(2) Civil	aircraft	flight	manual,	marking	&	

placard	Certifications	required.	The	original	intent	of	these	regulations	was	to	

display	an	aircraft’s	airworthiness,	certification,	and	registration	documents	so	they	

would	be	easily	available	to	inspectors	and	passengers.	Based	on	the	FAA	

Memorandum	subject	“Interpretation	regarding	whether	certain	required	

documents	may	be	kept	at	an	unmanned	aircraft’s	control	station,”	dated	August	8,	

2014,	the	requested	relief	from	14	CFR	§§	91.9(b)(2)	and	91.203(a)	and	(b)	is	not	

necessary.

Notes	Regarding:	§91.109	Flight	instruction;	Simulated	instrument	&	certain	

flight	tests

Small	UASs,	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.	Aircraft	being	considered	for	use	by	Airship	

Imaging allow	the	UAS	Instructor	to	place	the	aircraft	into	‘loiter’	mode	(fixed	

altitude	stationary	hold).	In	the	event	of	the	student	losing	control,	the	UAS	

Instructor	can	quickly	and	via	alternate	equipment	(equipment	not	in	the	hands	of	

the	student)	place	the	aircraft	into	a	mode	that	then	allows	the	instructor	to	bring	

the	aircraft	back	into	control	and	back	to	the	pre- determined	and/or	safe	landing	

location.

Airship	Imaging does	not	describe	training	scenarios	in	which	a	dual	set	of	controls	

would	be	utilized	or	required,	i.e.	dual	flight	instruction,	provided	by	a	flight	

instructor	or	other	company-designated	individual,	that	would	require	that	

individual	to	have	fully	functioning	dual	controls.	Rather,	Airship	Imaging evaluates	

the	qualification	of	its	PICs	based	on	their	experience	with	the	UAS	to	be	operated	

and	verifies	through	testing,	in	lieu	of	formalized	training.	As	such,	Airship	Imaging

does	not	seek	relief	from	14	CFR	§	91.109.

Notes	Regarding	§	14	CFR	91.119(b)

Relief	from	§	14	CFR	91.119(b),	operation	over	congested	areas,	is	not	applicable,	

because	the	Airship	Imaging’s	operations	will	only	be	conducted	within	the	area	

described	herein.
Airship	Imaging Safety	Operations	&	Procedures	Overview:

Technology	Considerations:

Best-in-class,	tried	and	proven	technologies	that	are	in	advanced	iterations.	

Software	from	highly-reputable	industry	partners	will	incude:

1.	Auto	descent	(landing)	if	communication	signal	were	to	be	severed.	If	the	sUAS	

loses	communications,	the	sUAS	will	have	capability	to	return	to	a	pre-determined	

location and	land.

2.	Auto	descent	(landing)	if	battery	were	to	drop	lower	than	nominal	level.

3.	Flights	will	be	terminated	at	25%	battery	power	reserve.

4.	Live	video	for	operator	gives	real-time	positioning	feedback.	In	other	words,	we	

can	monitor	the	scene	from	the	vehicle's	perspective	for	collision	avoidance,	and	to	

maintain	spatial	orientation.

5.	The	sUAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles	

or	emergencies.

6.	On-Screen-Display	(OSD)	contains	operating	information	to	ascertain	vehicle	

health	at	all	times:	speed,	altitude,	number	of	GPS	satellites	(when	available),	

heading	and	voltage.

7.	GPS	lock	supplies	for	return-to-home	(RTH).	Should	Command	and	Control	(C2)	

link	failures	occur	(highly	improbable),	vehicle	returns	automatically	to	the	point	of	

launch.

8.	Altitude	information	will	be	provided	to	the	sUAS	pilot	via	a	digitally	encoded	

telemetric	data	feed,	which	downlinks	from	the	aircraft	to	a	ground-based	on-screen	

display.	This	altitude	information	will	be	generated	by	equipment	installed	on	board	

the	aircraft,	using	GPS	triangulation,	or	digitally	encoded	barometric	altimeter,	or	

radio	altimeter,	or	any	combination	thereof.	Prior	to	each	flight,	a	zero	altitude	

initiation	point	will	be	established	and	confirmed	for	accuracy	by	the	pilot.

Mechanical/Physical:

1.	We	will	fly	line-of-sight	(LOS)	only.	The	vehicle	will	always	remain	in	direct LOS	

to	the	pilot,	thus	eliminating	the	concern	of	signal	severance	(flying	behind	

objects/walls).

2.	The	sUAS	will	weigh	less	than	55	lbs	and	travel	at	less	than	50	knots.

3.	Batteries	should	far	exceed	the	capacity	required	for	actual	flight	time.

4.	Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	AGL.

5.	Fireproof	bags	for	storage	and	charging	of	high	capacity	Lipo	batteries	on-site.

6.	UAS operated	under	this	exemption	will	be	marked	in	accordance	with	14	CFR	

part	45	or	as	otherwise	authorized	by	the	FAA.
Personnel:

1.	Spotters	ensure	safe	operation	and	act	as	a	redundant	set	of	eyes	for	operators.	

2.	Radio	spectrum	analysis	for	interference	on	the	frequencies	utilized	for	vehicle	

control/communication.

3.	A	briefing	will	be	conducted in	regard	to	the	planned	sUAS operations	prior	to	

each	activity.	It	will	be	mandatory	that	all	personnel	who	will	be	performing	

operational	duties be	present	for	this	briefing.

4.	The	operator	will	obtain	the	consent	of	all	persons	involved	in	the	sUAS	

operations and	ensure	that	only	consenting	persons	will	be	allowed	within	100	feet	

of	the	flight	operations.

5.	Observer	and	pilot	will	at	all	times	be	able	to	communicate	by	voice.

6.	Written	and/or	oral	permission	from	the	relevant	property	owners	or	agents will	

be	obtained.	

7.	Pilot	and	observer	will	have	been	trained	in	operation	of	UAS	generally	and	

received	up-to-date	information	on	the	particular	UAS	to	be	operated.

Operations:

1.	The	unmanned	aircraft	(UA)	must	weigh	less	than	55	pounds	(25	Kg),	including	

energy	source(s)	and	equipment.	Operations	authorized	by	this	petition	of	

exemption	are	limited	to	the	following	aircraft	described	in	Appendix	B.	Proposed	

operations	of	any	other	aircraft	will	require	a	new	petition	or	a	petition	amendment	

to	this request.

2.	The	UA	may	not	be	flown	at	a	ground	speed	exceeding	50	knots.

3.	Flights	must	be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground	

level	(AGL),	as	indicated	by	the	procedures	specified	in	the	operator’s	manual.	All	

altitudes	reported	to	ATC	must	be	in	feet	AGL.

4.	The	UA	must	be	operated	within	visual	line	of	sight	(VLOS)	of	the	PIC	at	all	times.	

This	requires	the	PIC	to	be	able	to	use	human	vision	unaided	by	any	device	other	

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

5.	All	operations	must	utilize	a	visual	observer	(VO).	The	VO	may	be	used	to	satisfy	

the	VLOS	requirement	as	long	as	the	PIC	always	maintains	VLOS	capability.	The	VO	

and	PIC	must	be	able	to	communicate	verbally	at	all	times.

6.	The	operator’s	manuals included	as	Appendix	C	and	this	petition	of	exemption	

must	be	maintained	and	made	available	to	the	Administrator	upon	request.	If	a	

discrepancy	exists	between	the	conditions	and	limitations	in	this	exemption	and	the	

procedures	outlined in	the	operator’s	manual,	the	conditions	and	limitations	herein	

take	precedence	and	must	be	followed.	Otherwise,	the	operator	must	follow	the	
procedures	as	outlined	in	its	operator’s	manual. The	operator	may	update	or	revise	

its	operator’s	manual.	It	is	the	operator’s	responsibility	to	track	such	revisions	and	

present	updated	and	revised	documents	to	the	Administrator	upon	request.	The	

operator	must	also	present	updated	and	revised	documents	if	it	petitions	for	

extension	or	amendment.	If	the	operator	determines	that	any	update	or	revision	

would	affect	the	basis	for	which	the	FAA	grants	this	petition	for	exemption,	then	the	

operator	must	petition	for	amendment	to	their	exemption.	The	FAA’s	UAS	

Integration	Office	(AFS-80)	may	be	contacted	if	questions	arise	regarding	updates	or	

revisions	to	the	operator’s	manual.

7.	Prior	to	each	flight	the	PIC	must	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	aircraft	is	prohibited	from	operating	until	the	necessary	maintenance	

has	been	performed	and	the	UAS	is	found	to	be	in	a	condition	for	safe	flight.	The	

Ground	Control	Station,	if	utilized,	must	be	included	in	the	preflight	inspection.	All	

maintenance	and	alterations	must	be	properly	documented	in	the	aircraft	records.

8.	Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	UAS	

operation	or	flight	characteristics,	e.g.	replacement	of	a	flight	critical	component,	

must	undergo	a	functional	test	flight	in	accordance	with	the	operator’s	manual.	The	

PIC	who	conducts	the	functional	test	flight	must	make	an	entry	in	the	UAS	aircraft	

records	of	the	flight.	The	requirements	and	procedures	for	a	functional	test	flight	

and	aircraft	record	entry	must	be	added	to	the operator’s	manual.

9.	The	operator	must	follow	the	manufacturer’s	UAS	aircraft/component,	

maintenance,	overhaul,	replacement,	inspection,	and	life	limit	requirements.	When	

unavailable,	aircraft	maintenance/component/overhaul,	replacement,	and	

inspection/maintenance	requirements	must	be	established	and	identified	in	the	

operator’s	manual.	At	a	minimum,	requirements	for	the	following	must	be	included	

in	the	operator’s	manual:

a.	Actuators	/	Servos;

b.	Transmission	(single	rotor);

c.	Powerplant	(motors);

d.	Propellers;

e.	Electronic	speed	controller;

f.	Batteries;

g.	Mechanical	dynamic	components	(single	rotor);

h.	Remote	command	and	control;

i.	Ground	control	station	(if	used);	and

j.	Any	other	components	as	determined	by	the	operator;

10.	The	Pilot	In	Command	(PIC)	must	possess	at	least	a	private	pilot	certificate	and	

at	least	a	current	third-class	medical	certificate.	The	PIC	must	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.

11.	Prior	to	operations	conducted	for	the	purpose	of	aerial	photogray,	the	PIC	must	

have	accumulated	and	logged,	in	a	manner	consistent	with	14	CFR	§	61.51(b),	a	
minimum	of	200	flight	cycles	and	25	hours	of	total	time	as	a	UAS	rotorcraft	pilot	and	

at	least	10	hours	logged	as	a	UAS	pilot	with	a	similar	UAS	type	(single	blade	or	

multirotor).	Prior	documented	flight	experience	that	was	obtained	in	compliance	

with	applicable	regulations	may	satisfy	this	requirement.	Training,	proficiency,	and	

experience-building	flights	can	also	be	conducted	under	this	petition	of	exemption	

to	accomplish	the	required	flight	cycles	and	flight	time.	During	training,	proficiency,	

and	experience-building	flights,	all	persons	not	essential	for	flight	operations	are	

considered	nonparticipants,	and	the	PIC	must operate	the	UA	with	appropriate	

distance	from	nonparticipants	in	accordance	with	14	CFR	§	91.119.

12.	Prior	to	operations	conducted	for	the	purpose	of	aerial	photography,	the	PIC	

must	have	accumulated	and	logged,	in	a	manner	consistent	with	14	CFR	§	61.51(b),	

a	minimum	of	five	hours	as	UAS	pilot	operating	the	make	and	model	of	UAS	to	be	

utilized	for	operations	under	the	exemption	and	three	take-offs	and	three	landings	

in	the	preceding	90	days.	Training,	proficiency,	experience- building,	and	take-off	

and	landing	currency	flights	can	be	conducted	under	this	petition	of	exemption	to	

accomplish	the	required	flight	time	and	90	day	currency.	During	training,	

proficiency,	experience-building,	and	take-off	and	landing	currency	flights	all	

persons	not	essential	for	flight	operations	are	considered	nonparticipants,	and	the	

PIC	must	operate	the	UA	with	appropriate	distance	from	nonparticipants	in	

accordance	with	14	CFR	§	91.119.

13.	Prior	to	any	flight	operations	authorized	by	this	petition	of	exemption,	the	PIC	

and	VO	must	have	successfully	completed	a	qualification	process,	as	outlined	in	the	

operator’s	manual.	As	this	is	a	requirement	stipulated	by	the	operator,	the	test	must	

be	developed	and	implemented	by	a	qualified	person	designated	at	the	sole	

discretion	of	the	operator.	A	record	of	completion	of	this	qualification	process	must	

be	documented	and	made	available	to	the	Administrator	upon	request.

14.	Prior	to	operations	conducted	for	the	purpose	of	infrastructure	inspection,	a	

flight	demonstration,	administered	by	an	operator-approved	and	-qualified	pilot	

must	be	successfully	completed	and	documented.	This	documentation	must	be	

available	for	review	upon	request	by	the	Administrator.	Because	the	knowledge	and	

airmanship	test	qualifications	have	been	developed	by	the	operator,	and	there	are	

no	established	practical	test	standards	that	support	a	jurisdictional	FAA	FSDO	

evaluation	and	approval	of	company	designated	examiners,	the	petitioner	will	

conduct	these	tests	in	accordance	with	the	operator’s	manual.

15.	The	UA	may	not	be	operated	directly	over	any	person,	except	authorized	and	

consenting	personnel,	below	an	altitude	that	is	hazardous	to	persons	or	property	on	

the	surface	in	the	event	of	a	UAS	failure	or	emergency.

16. Regarding	the	distance	from	participating	persons,	the	operator’s	manual	has	

safety	mitigations	for	authorized	and	consenting	personnel.	At	all	times,	those	

persons	must	be	essential	to	the	operations.

17.	Regarding	distance	from	nonparticipating	persons, the	operator	must	ensure	

that	no	persons	are	allowed	within	500	feet	of	the	area	except	those	consenting	to	
be	involved	and	necessary	for	the	operation.	This	provision	may	be	reduced	to	no	

less	than	200	feet	if	it	would	not	adversely	affect	safety	and	the Administrator	has	

approved	it.	For	example,	an	equivalent	level	of	safety	may	be	determined	by	an	

aviation	safety	inspector’s	evaluation	of	the	operating	site	to	note	terrain	features,	

obstructions,	buildings,	safety	barriers,	etc.	Such	barriers	may	protect	

nonparticipating	persons	(observers,	the	public,	news	media,	etc.)	from	debris	in	the	

event	of	an	accident.

18.	If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	UA	must	return	to	a	

pre-determined	location and	land	or	be	recovered	in	accordance	with	the	operator’s	

manual.

19.	The	UAS	must	abort	the	flight	in	the	event	of	unpredicted	obstacles	or	

emergencies	in	accordance	with	the	operator’s	manual.

20.	Each	UAS	operation	must	be	completed	with	25%	battery	power	remaining.

21.	All	aircraft	operated	in	accordance	with	this	exemption	must	be	identified	by	

serial	number,	registered	in	accordance	with	14	CFR	part	47,	and	have	identification	

(N-Number)	markings	in	accordance	with	14	CFR	part	45,	Subpart	C.	Markings	must	

be	as	large	as	practicable.

22.	The	operator	must	develop	procedures	to	document	and	maintain	a	record	of	

the	UAS	maintenance,	preventative	maintenance,	alterations,	status	of	

replacement/overhaul	component	parts,	and	the	total	time	in	service	of	the	UAS.	

These	procedures	must	be	added to	the	operator’s	manual.

23.	Each	UAS	operated	under	this	exemption	must	comply	with	all	manufacturer	

Safety	Bulletins.

24.	The	preflight	inspection	section	in	the	operator’s	manual	must	be	amended	to	

include	the	following	requirement:	The	preflight	inspection	must	account	for	all	

discrepancies,	i.e.	inoperable	components,	items,	or	equipment,	not	covered	in	the	

relevant	preflight	inspection	sections	of	the	operator’s	manual.

25.	Before	conducting	operations,	the	radio	frequency	spectrum	used	for	operation	

and	control	of	the	UA	must	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	must	be	available	to	

the	PIC	at	the	Ground	Control	Station	of	the	UAS	any	time	the	aircraft	is	operating.	

These	documents	must	be	made	available	to	the	Administrator	or	any	law	

enforcement	official	upon	request.

27.	The	UA	must	remain	clear	and	yield	the	right	of	way	to	all	other	manned	

operations	and	activities	at	all	times	(including,	but	not	limited	to,	ultralight	

vehicles,	parachute	activities,	parasailing	activities,	hang	gliders,	etc.).

28.	UAS	operations	may	not	be	conducted	during	night,	as	defined	in	14	CFR	§	1.1.	

All	operations	must	be	conducted	under	visual	meteorological	conditions	(VMC).	

Flights	under	special	visual	flight	rules	(SVFR)	are	not	authorized.
29.	The	UAS	may	not	be	operated	by	the	PIC	from	any	moving	device	or	vehicle.

30.	The	UA	may	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.

31.	The	UA	may	not	operate	in	Class	B,	C,	or	D	airspace	without	written	approval	

from	the	FAA. The	UA	may	not	operate	within	5 nautical	miles	of	the geographic	

center	of	a	non-towered	airport	as	denoted	on	a	current	FAA-published	aeronautical	

chart	unless	a	letter	of	agreement	with	that	airport’s	management	is	obtained	The	

letter	of	agreement	with	the	airport	management	must	be	made	available	to	the	

Administrator	upon	request.

32.	Any	incident,	accident,	or	flight	operation	that	transgresses	the	lateral	or	vertical	

boundaries	of	the	operational	area	as	defined	by	the	applicable	COA	must	be	

reported	to	the	FAA’s	UAS	Integration	Office	(AFS-80)	within	24 hours.	Accidents	

must	be	reported	to	the	National	Transportation	Safety	Board	(NTSB)	per	

instructions	contained	on	the	NTSB	Web	site:	www.ntsb.gov.	Further	flight	

operations	may	not	be	conducted	until	the	incident,	accident,	or	transgression	is	

reviewed	by	AFS-80	and	authorization	to	resume	operations	is	provided.

Support	for	Petition	for	Exemption

In	accordance	with	the	procedural	requirements	of	14	C.F.R.	§11.81,	Airship	

Imaging provides	the	following	contact	information:

George	W.	Weaver,	CEO

Airship	Imaging,	LLC

8300	E	Dixileta	Dr.	Suite	281

Scottsdale,	AZ	85266-2273

480-540-0383

george757@gmail.com

Regulatory	Provisions	from	which	Airship	Imaging seeks	an	Exemption

Airship	Imaging believes	it	may	need	an	exemption	from	the	following	provisions	to	

conduct	the	contemplated	operations.	In	some	instances,	relief	is	needed	because	

relief	from	another	provision	renders	compliance	with	the	regulation	at	hand	

infeasible.

333	Aircraft	Exemption	Status	14	C.F.R.	§61.113(a)	and	(b)	14	C.F.R.	§91.119(c)

14	C.F.R.	§91.121

14	C.F.R.	§91.151

14	C.F.R.	§91.405(a)

14	C.F.R.	§91.407(a)

14	C.F.R.	§91.409(a)(1)&(2)

14	C.F.R.	§91.417(a)&(b)

Airship	Imaging believes	an	exemption	is	only	needed	from	the	above-listed	

regulatory provisions.	To	the	extent	that	the	FAA	believes that	additional	relief	is	

required	for	Airship	Imaging to	conduct	the	operations	described	here,	we	request	
an	exemption	from	any	such regulatory	provisions	as	well. For	example,	14	C.F.R.	

§91.417(a)	imposes	certain	maintenance	record	keeping	requirements “as	

applicable”.	Since	none	of	the	underlying	requirements	(e.g.,	inspection	intervals)	

can	be	met	and	will	require	an	exemption,	Airship	Imaging believes	a	separate	

exemption	should	not	be	required	for	§91.417(a).



The	Extent	of	Requested	Relief	and the	Reasons	Relief	is	Needed

Section	333	Aircraft	Exemption	Status:

Section	333	of	the	Modernization	Act	authorizes	the	FAA	to	exempt	aircraft	from	the	

requirement	for	an	airworthiness	certificate	based	on	a	consideration	of	the	size,	

weight,	speed,	operational	capability	of	the	particular	UAS,	as	well	as	its	proximity	

to	airports	and	populated	areas.	An	analysis	of	these	criteria	demonstrates	that	the	

sUAS	operated	without	an	airworthiness	certificate	in	the	areas	and	under	the	

conditions	contemplated	by	Airship	Imaging will	be	at	least	as	safe,	or	safer,	than	a	

conventional	aircraft	(fixed	wing	or	rotorcraft)	operating	with	an	airworthiness	

certificate	without	the	conditions	proposed	in	this	request.

The	sUAS	is	less	than	55	lbs.	fully	loaded	and carries	neither	a	pilot	nor	passenger.	

Unlike	other	civil	aircraft,	operations	under	this	exemption	will	be	tightly	controlled	

and	monitored	by	the	operator	and	observer.	Operations	will	be	conducted	in	

compliance	with	the	FAA	and	with	local	public	safety	requirements. Lastly,	

application	of	these	same	criteria	demonstrates	that	there	is	no	credible	threat	to	

national	security	posed	by	the	sUAS,	due	to	its	size,	speed	of	operation,	location	of	

operation,	lack	of	explosive	materials	and	inability	to	carry	a	substantial	external	

load.

Given	the	size	and	limited	operating	area	associated	with	the	aircraft	to	be	utilized	

by	the	Applicant,	this	meets	the	requirements	of	an	equivalent	level	of	safety	under	

Part	11	and	Section	333	of	the	Reform	Act.	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	sUAS.	In	all	cases,	an	analysis	of	these	

criteria	demonstrates	that	the	UAS	operated	without	an	airworthiness	certificate,	in	

the	restricted	environment	and	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	restrictions	and	conditions	proposed.



14	C.F.R.	§61.113(a)	and	(b)

§61.113	Private	pilot	privileges	and	limitations:	Pilot	in	command.

(a)	Except	as	provided	in	paragraphs	(b)	through	(h)	of	this	section,	no	person	who	

holds	a	private	pilot	certificate	may	act	as	pilot	in	command	of	an	aircraft	that	is	

carrying	passengers	or	property	for	compensation	or	hire;	nor	may	that	person,	for	

compensation	or	hire,	act	as	pilot	in	command	of	an	aircraft.
(b)	A	private	pilot	may,	for	compensation	or	hire,	act	as	pilot	in	command	of	an	

aircraft	in	connection	with	any	business	or	employment	if:

		(1)	The	flight	is	only	incidental	to	that	business	or	employment;	and

		(2)	The	aircraft	does	not	carry	passengers	or	property	for compensation	or	hire.

The	CEO	of	Airship	Imaging,	LLC holds	ATP	and	Advanced	Ground	Instructor	

Certificates,	Commercial	Privileges	Single	Engine	Land,	type	ratings	on	DC-8/9/10	

and	B737/757/767	aircraft,	and	a	First	Class	Medical.	Airship	Imaging	anticipates	

initially	using	other	specially	trained	operators to	conduct	the sUAS	operations.	

While	these	individuals	will	not hold	commercial	pilot	licenses,	the	sUAS	will	not	

carry	property	for	compensation	or	hire	since	they	will	be	used	solely	to	assist	in	

aerial	photography	in	furtherance	of	Airship	Imaging’s	primary	business of	real	

estate	photography;	however,	the	employees’	operation	of	the	sUAS	will	not	be	

incidental	to	their	employment	with	Airship		Imaging,	and	they	will	be	compensated	

for	such	work.	Without	an	exemption,	the	pilot	would	be	required	to	hold	a	

commercial	pilot	certificate	under	§61.133.	However,	the	risk	associated	with	the	

contemplated	operations	is	less	than	the	risk	posed	by	a	traditional	aircraft.	The	

sUAS	will	fly	at	altitudes	well below	the	permissible	limits	for	other	civil	aircraft,	

eliminating	the	risk	to	other	aircraft,	and	within	a	geographical	property	boundaries

under	the	sole	control	of	Airship	Imaging clients.	Accordingly,	the	risk	would	be	

limited	to	our personnel,	who	will	be	appropriately	outfitted	in	safety	gear,	and	our

client’s	property	on	the	ground.	Requiring	a	commercial	pilot	certificate	would	

provide	no	appreciable	safety	benefit	and	would	needlessly	impose	additional	cost	

on	Airship	Imaging.	Because	the	contemplated	operations	would	not	comply	with	

§61.113(b)(1)	and	none	of	the	other	exceptions	to	paragraph	(a)	apply,	relief	is	

needed	from	both	paragraphs	(a)	and	(b).

14	C.F.R.	91.119(c)

§91.119	Minimum	safe	altitudes:	General.

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.

*****

Airship	Imaging submits	that	the	only	relief	it	requires	from	§91.119	is	from	the	

minimum altitudes	listed	in	paragraph	(c).	Relief	is	required	from	paragraph	(c)	for	

fixed	wing	operations	because	imaging	from 500	feet	or	higher	is	insufficiently	

distinct	to	be	useful.	Since	operations	at	this	altitude	also	pose	a	heightened	risk	of	

collision	with	another	aircraft,	safety	can	only	be	assured	through	the	grant	of	an	

exemption.	The	anticipated	rotorcraft	operations	should	be	adequately	addressed	

by	paragraph	(d)	(1).	Additionally,	relief	should	not	be	needed	from	paragraph	(a)	

because	an	emergency	landing	of	the	aircraft	due	to	a	power	failure	will	not	create	

an	undue	hazard	to	persons	or	property	on	the	surface.	As	noted	in	the	explanation	

of	why	an	exemption	will	not	adversely	affect	safety,	Airship	Imaging	clients	have	
exclusive	access	to	the	property	over	which	the	sUAS	will	be	operated,	and	public	

access	is	often	restricted by	community	gates	and	security.	As	such,	the	risk	of	injury	

is	minimal.	Airship	Imaging	does	not	contemplate	conducting	operations	over	

congested	areas,	so	relief	is	not	requested	from	paragraph	(b).

14	C.F.R.	91.121

14	C.F.R.	§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	sUAS	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	Manual	and	Safety	Check	list,	confirming	the	altitude	

of	the	launch	site	shown	on	the	GPS	altitude	indicator	before	flight.

Altitude	information	will	be	provided	to	the	sUAS	pilot	via	a	digitally	encoded	

telemetric	data	feed,	which	downlinks	from	the	aircraft	to	a	ground-based	on-screen	

display.	This	altitude	information	will	be	generated	by	equipment	installed	on	board	

the	aircraft,	using	GPS	triangulation,	or	digitally	encoded	barometric	altimeter,	or	

radio	altimeter,	or	any	combination	thereof.	Prior	to	each	flight,	a	zero	altitude	

initiation	point	will	be	established	and	confirmed	for	accuracy	by	the	pilot.

14	C.F.R.	91.151

§91.151	Fuel	requirements	for	flight	in	VFR	conditions.

(a)	No	person	may	begin	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.

(b)	No	person	may	begin	a	flight	in	a	rotorcraft	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,	to	fly	after	that	

for	at	least	20	minutes.

*****

Operating	the	sUAS	in	a	pre-defined	area	with	less	than	30	minutes	of	reserve

fuel	does not	raise	the	type	of	risk	contemplated	by	§91.151,	i.e.,	that	an	aircraft	

could	run	out	of	fuel	in	the	event	it	has	to	be	flown	to	an	alternate	airport	or	circle	

the	planned	airport	in	the	event	of	unanticipated	conditions.	Airship	Imaging does	

not	intend	to	use	the	sUAS	for	point-to-point	flights	and	will	not	operate	the	sUAS	

beyond	visual	line	of	sight.	Nor	will	the	sUAS	require	an	airport	in	order	to	land.	

Rather,	we will	operate	the	sUAS	using	pre-planned	flight	paths	(taking	into	account	

weather	conditions)	designed	to	allow	the	sUAS	to	return	to	the	point	of	departure.	

As	such,	there	is	no	need	for	a	time- based	excess	fuel	requirement.	Rather	it	should	

be	sufficient	to	require	only	as	much	additional	excess	flight	capacity	as	necessary	to	

safely	land	the	sUAS.	We	believe	that	a	25%	battery	reserve	is	more	than	sufficient	

to	meet	this	objective.
14	C.F.R.	91.405(a),	91.407(a)	(1),	14	C.F.R.	91.409(a)	(1)&(2)	and	14	C.F.R.	

91.417(a)	&	(b)

§91.405	Maintenance	required.

Each	owner	or	operator	of	an	aircraft	–

(a)	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;	*****

§91.407	Operation	after	maintenance,	preventive	maintenance,	rebuilding,	or	

alteration.

(a)	No	person	may	operate	any	aircraft	that	has	undergone	maintenance,	rebuilding,	

or	alteration	unless	–

(1)	It	has	been	approved	for	return	to	service	by	a	person	authorized	under	§43.7	of	

this	chapter;

*****

§91.409	Inspections.

(a)	Except	as	provided	in	paragraph	(c)	of	this	section,	no	person	may	operate	an	

aircraft	unless,	within	the	preceding	12	calendar	months,	it	has	had	__

(1)	An	annual	inspection	in	accordance	with	part	43	of	this	chapter	and	has	been	

approved	for	return	to	service	by	a	person	authorized	by	§43.7	of	this	chapter;	or

(2)	An	inspection	for	the	issuance	of	an	airworthiness	certificate	in	accordance	with	

part	21	of	this	chapter.

*****

§91.417	(a)	&	(b)

*****

Airship	Imaging believes	that	an	exemption	from	these	maintenance	requirements	

is	appropriate	because	the	FAA	has	not	developed	maintenance	standards	that	

would	allow	an	operator	to	meet	the	part	91	maintenance	requirements.	In	

particular,	there	are	no	individuals	authorized	by	the	FAA	to	approve	a	sUAS	for	

return	to	service	under	§91.407(a)	or	to	conduct	the	initial	airworthiness	and	

annual	return	to	service	inspections	required	by	§91.409(a).	Airship	Imaging will	

maintain	the	aircraft	as	instructed	in	the	owner’s	manual	and	ASTM	F2909,	where	

applicable,	and	will	not	operate	the	aircraft	until	it	has	reasonably	determined	that	

any	needed	repairs	have	been	made.	However,	because	of	the	technical	impossibility	

of	meeting	the	requirements	of	§§91.405(a),	407(a),	409(a)	and	417(a)&(b),	we	

believe	an	exemption	from	these	provisions	is	appropriate.

Should	you	have	any	questions	or	concerns	please	do	not	hesitate	to	contact	me	at	

the	phone	number	or	via	the	e-mail	provided	should	you	have	any	questions	or

concerns.

Respectfully	submitted,

/s/George	W.	Weaver

CEO,	Airship	Imaging,	LLC

8300	E	Dixileta	Dr.	Suite	281

Scottsdale,	AZ	85266		

480-540-0383	/	george757@gmail.com
Appendix	A

Summary	for	Federal	Register	Publication

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

the	Federal	Register	should	the	FAA	determine	that	publication	is	needed.

Petitioner:	Airship	Imaging,	LLC

Sections	of	14	C.F.R.	Affected:	333	Aircraft	Exemption	Status	14	C.F.R.	§61.113(a)	

and	(b)	14	C.F.R.	§91.119(c)

14	C.F.R.	§91.121

14	C.F.R.	§91.151

14	C.F.R.	§91.405(a)

14	C.F.R.	§91.407(a)

14	C.F.R.	§91.409(a)

14	C.F.R.	§91.417(a)&(b)

Description	of	Relief	Sought:

Petitioner	seeks	relief	from	the	requirements	of	333	Aircraft	Exemption	Status,	14	

C.F.R.,	61.113(a)&(b)),	91.119(c),	91.121,	91.151,	91.405(a),	91.407(a),	91.409(a),	

and	91.417(a)&(b)	to	conduct	sUAS	operations	over	AIRSHIP	IMAGING Client’s	

owned	or	controlled	land,	solely	during	daylight	hours,	to	assist	in	the	safe	

evaluation	and	analysis	of	infrastructure	and	operations.	In	general,	sUAS	

operations	are	intended	to	be	conducted	in	areas	remote	from	both	congested	areas	

and	airports.	The	nature	of	operations	anticipated	by	Airship	Imaging requires	that	

the	sUAS	be	flown	at	relatively	low	altitudes.	Airship	Imaging expects	that	in	most	

instances,	the	sUAS	will	be	flown	less	than	75	feet	from	the	highest	structure	along	

the	path	of	the	sUAS	and	in	no	instances	will	be	flown	higher	than	400	feet	above	the	

ground.	Accordingly,	the	risk	of	interference	with	other	aircraft	is	minimal.



Appendix	B

Specific	type(s),	make,	and	models:

(1):	3D	Robotics	Iris	8+

3D	Robotics	3DR	PixHawk	Flight	Controller

(See	Attached	Flight	Manuals)

(2)	DJI	Phantom	3	Professional

DJI	NAZA	Flight	Controller

(See	Attached	Flight	Manuals)