April 20, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request, Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform

Act) and 14 C.F.R. Part 11, Ground Aerial LLC is desirous of operating a Small 

Unmanned Aircraft System (“sUAS”) equipped to offer on-demand commercial sUAS 

operations for a host of industries and applications. These include:

• Filmmaking, cinematography, and videography, 

• Utility-power generation system inspections and patrolling,

• Pipeline inspection and patrolling,

• Precision agriculture,

• Forestry monitoring,

• Real Estate marketing,

• Aerial surveying,

• Flare Stack Inspection,

• Construction site inspection and monitoring, and

• Public Entity Emergency Support Operations.

Therefore, Ground Aerial LLC hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, 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

As described more fully below, the requested exemption would permit the operation of

a small, unmanned sUAS under controlled conditions in airspace that is limited, 

predetermined, controlled as to access and would provide safety enhancements to the 

already safe operations using conventional aircraft.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements 

for the safe operation of such aircraft systems in the national airspace system.” Section

333(c) of the Reform Act.
The name and address of the applicant is:

Ground Aerial LLC

245 Gronczniak Road

Stillwater, NY 12170-1728

Ph: 844-522-7284

Email: bob@groundaerial.com

The aircraft from which the exemption is requested:

A CineStar 8, manufactured by Freely Systems, the manual for which is included with 

this application. 

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of

Transportation to consider whether certain unmanned aircraft systems may operate

safely in the national airspace system (NAS) before completion of the rule making

required under Section 332 of the Reform Act. In making this determination, the

Secretary is required to determine which types of sUAS do not create a hazard to users

of the NAS or the public or pose a threat to national security in light of the following:

• The sUAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas; and

• Operation of the sUAS within visual line of sight of the operator and observer.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may

operate safely in the national airspace system, the Secretary shall establish

requirements for the safe operation of such aircraft in the national airspace system.” Id.
§333(c) (emphasis added)

Applicant interprets this provision to place the duty on the Administrator to not only

process applications for exemptions under section 333, but for the Administrator to craft

conditions for the safe operation of the UAS, if it should be determined that the

conditions set forth herein do not fulfill the statutory requirements for approval.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory authority by its terms includes exempting civil aircraft, as the term is

defined under §40101 of the Act that includes sUASs, from the requirement that all civil

aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of 

this title if the Administrator finds the exemption in the public interest. 49 U.S.C. 

§44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Ground Aerial LLC’s sUAS is a rotorcraft, weighing 55 or fewer lbs. including payload. It 

operates, under normal conditions at a speed of no more than 50 knots and has the 

capability to hover, and move in the vertical and horizontal plane simultaneously. It will 

operate only in line of sight and will operate only within a sterile area. Such

operations will insure that the sUAS will “not create a hazard to users of the national

airspace system or the public.” Reform Act Section 333 (b).

Given the small size of the sUAS involved and the restricted sterile environment within

which it will operate, the applicant falls squarely within that zone of safety (an

equivalent level of safety) in which Congress envisioned that the FAA must, by

exemption, allow commercial operations of a UAS to commence immediately. Also due 

to the size of the sUAS and the restricted areas in which the referenced sUAS will 

operate, approval of the application presents no national security issue. Given the clear 

direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with 

allowing sUAS, the grant of the requested exemptions is in the public interest.

Accordingly, the applicant respectfully requests that the FAA grant the requested

exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that

have the characteristics and that operate with the limitations listed herein. These

limitations provide for at least an equivalent or even higher level of safety to operations

under the current regulatory structure because the proposed operations represent a

safety enhancement to the already safe operations conducted with conventional aircraft.

These limitations and conditions to which Ground Aerial LLC agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

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

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be
terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than

200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer,

and/or the Camera Operator.

6. sUAS pilot will be an FAA licensed airman with at least a Sport Pilot’s certificate.

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the

sUAS Pilot, who possess the necessary PIC qualifications, is also present (i.e. the 

Visual Observer), that person can also be designated as the PIC.

8. The UAS will only operate within a confined “Sterile Area” of the flight operations 

area.

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

day’s activities. It will be mandatory that all personnel who will be performing duties

within the boundaries of the safety perimeter be present for this briefing.

10. The operator will obtain the consent of all persons involved and ensure that only

consenting persons will be allowed within 100 feet of the flight operation, and this radius

may be reduced to 30 feet based upon an equivalent level of safety determination.

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

up-to-date information on the particular sUAS to be operated.

12. Observer and pilot will at all times are able to communicate by voice and/or radio.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

15. If the sUAS loses communications or loses its GPS signal, the UAS will have

capability to return to a pre-determined location within the Security Perimeter and land.

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

or emergencies.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given

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

Applicant, an exemption from Part 21 Subpart H 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 UAS. 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.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and
operates exclusively within a secured area. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by both the operator, pursuant to 

the Manual’s requirements, and under the requirements and in compliance with local 

public safety requirements, to provide security for the area of operation as is now done 

with conventional filming. The FAA will have advance notice of all operations. These 

safety enhancements, which already apply to civil aircraft operated in connection with 

motion picture and television production, provide a greater degree of safety to the public 

and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the 

UAS, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light-sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or

"provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which

the word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering

will not be feasible. Aircraft markings will be made as large as feasible considering the 

overall size of the aircraft. An “N” number (N518NY) has been reserved by the 

applicant, and upon the granting of this exemption request, will be assigned to the 

applicants sUAS. The number will be placed on the fuselage in compliance with §45.29 

(f).

The equivalent level of safety will be provided by having the sUAS marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the

sUAS will see the identification. The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

Command.

Sections 61.113 (a) & (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 Sport Pilot’s license rather than a commercial pilot’s license to operate this

small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance. The 

level of safety provided by Ground Aerial LLC’s requirements exceeds that provided by 
a single individual holding a commercial pilot’s certificate operating a conventional 

aircraft. The risks associated with the operation of the sUAS are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested with a Sport Pilot as the PIC 

exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the aircraft and the requirements contained in the

Manual for maintenance and use of safety check lists prior to each flight, as set forth in

Sections J, L and Q, an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft

Flight Manual, approved manual material, markings, and placards, or any combination

thereof. The sUAS, given its size and configuration has no ability or place to carry such 

a flight manual on the aircraft, not only because there is no pilot on board, but because

there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the

ground control point where the pilot flying the sUAS will have immediate access to it.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided

for the aircraft an exemption will be needed, the PIC will take all actions including

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft

performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction:

Section 91.103 provides that no person may operate a civil aircraft (except a manned

free balloon) that is being used for flight instruction unless that aircraft has fully

functioning dual controls. sUASs and remotely piloted aircraft, by their design do not 

have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number 
of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 

9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d)

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for

helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 400 AGL, or not more than

200 above an elevated platform from which filming is planned, an exemption may be

needed to allow such operations. As set forth herein, except for the limited conditions

stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however

be operated in a restricted area with 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 required permission of

the property owner or local officials. Because of the advance notice to the property

owner and participants of the aerial activity, all affected individuals will be aware of the

planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable 

fuel, any risk associated with these operations is far less than those presently presented 

with conventional aircraft operating at or below 500 AGL in other industries. In addition, 

the low-altitude operations of the sUAS will ensure separation between these smallUAS operations and the operations of conventional aircraft that must comply with 

Section 91.119.

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.
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; or (2) At night, to fly

after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 40 minutes of powered flight. To

meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be

limited to approximately 10 minutes in length. Given the limitations on the UAS’s

proposed flight area and the location of its proposed operations within a predetermined

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

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly

controlled area where only people and property owners or official representatives who

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not

engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would

greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to

30 minutes or 25% of battery power whichever happens first. This restriction would be

more than adequate to return the sUAS to its planned landing zone from anywhere in its

limited operating area. Similar exemptions have been granted to other operations, 

including Exemptions 2689F5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has

within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the pilot flying the sUAS will have immediate access to them, to the

extent they are applicable to the sUAS. The FAA has issued numerous exemptions to

this regulation. A representative sample of other exceptions includes Exemption Nos.

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
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 section and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to the applicant. The operator pursuant to the

flight manual and operating handbook will accomplish maintenance. An equivalent level

of safety will be achieved because these small UASs are very limited in size and 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 Manual, the operator will ensure that the

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

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

with the aircraft and best suited to maintain the aircraft in an airworthy condition to

provide the equivalent level of safety.

------------------------------------------------------------------------------------------------------------------

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:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9

(b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a);

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate

commercially a small unmanned vehicle (55 lbs or less).

Approval of exemptions allowing commercial operations of sUASs, will enhance safety

by reducing risk. Conventional operations, using jet or piston power aircraft, operate at

extremely low altitudes just feet from the subjects being filmed and in extreme proximity

to people and structures and present the risks associated with vehicles that weigh in the

neighborhood of 4,000 lbs, carrying large amounts of jet A or other fuel. Such aircraft

must fly to and from the operational location. 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 

operation site and not flown. 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 sUAS, weighting 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 exempting the applicant from the

requirements of Part 21 and allowing commercial operations. These lightweight aircraft

operate at slow speeds, close to the ground, and in a sterile environment and, as a

result, are far safer than conventional operations conducted with turbine helicopters

operating in close proximity to the ground and people. 
Additional Information

Ground Aerial LLC has developed a comprehensive set of standards, which will govern 

every aspect of the proposed operation of our sUAS. These protocols include, but are 

not limited to: 

1). Notification of the local FSDO well in advance of any planned flight. 

2). Packing and handling procedures to eliminate any potential damage to the aircraft 

during transport.

3). A regular, comprehensive bench check and inspection of all systems, including 

proper battery maintenance, conditioning and testing to insure optimum battery 

performance. 

4). A step by step preflight checklist to insure all operating systems are functioning 

correctly.

5). A full onsite briefing of all persons directly or indirectly involved with any planned 

flight, with sufficient time set aside to answer all questions and address any concerns.

6). When used for the purpose of filming for motion pictures or television, strict 

adherence to Ground Aerial LLC’s Motion Picture and Television Flight Operation 

Manual (MPTOM), attached as a separate document.

7). Upon completion of a flight, a thorough post flight inspection of the aircraft. Under 

no circumstances will this take the place of a preflight check on the next flight.

8). A post flight debriefing of those persons directly involved in the flight.

Privacy

All flights will occur over private or controlled access property with the property owner’s

prior consent and knowledge. Filming will be of people who have also consented to

being filmed or otherwise have agreed to be in the area where filming will take place.

Summary

The grant of this exemption request will provide improved safety for the public at large 

and those involved in both the public in general and those in a flight operations capacity.

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 for the grant of the requested exemptions allowing commercial

operation of applicant’s sUAS.
As an existing full service aerial photography company, and a member of the 

Professional Aerial Photographers Association, and the Aircraft Owners and Pilots 

Association, we are keenly aware of the importance of safeguarding the NAS. 

It is Ground Aerial LLC’s intention to fully and expeditiously comply with any request for 

additional material to support or clarify this application. Thank you for your 

consideration.

Sincerely,

Robert F. Eastman

 

Robert F. Eastman

Ground Aerial LLC 

245 Gronczniak Road

Stillwater, NY 12170-1728

Attachments:

Cinestar Manual (PDF)

Motion Picture and Television Flight Operations Manual (PDF)