Aug 24th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Petition of Clarity Aero, LLC, for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. 

Part 11, Clarity Aero, LLC (Clarity) hereby applies for an exemption from the Federal Aviation Regulations 

("FARs") identified below to allow commercial operation of small unmanned aerial vehicles (i.e., "small

unmanned aircraft" or "UAS") for the purpose of aerial photography for the real estate industry. 

This petition for exemption addresses pertinent FAA FAR’s and CFR’s as well as, but not limited 

to, these accompanying Clarity documents.

1. PIC Flight Operations Manual and;

2. Operations Manuals"

(collectively referred to as "Clarity Aero' Documents & Manuals")

3. User Guide and;

4. Flight Manual

(collectively referred to as "Manufacturer's Manuals").

1

Clarity Aero submits these as well as other Clarity Aero supporting materials as confidential 

documents pursuant to 14 C.F.R. § 11.35 (b), as the materials contain confidential commercial and/or 

proprietary information that the Clarity Aero has not and will not share with others. Additionally, these 

documents contain operating conditions and procedures that are not generally available to the public and 

are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

_____________________

1The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not 

limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training 

manuals, service information letters and, safety/service bulletins).
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Aug 24th, 2015

Page 2

This Petition is organized as follows:

I. Petitioner

II. Description of Proposed Operations

A. Real Estate Aerial Photography, Videography and Inspection Service

III. Relevant Statutory Authority

IV. Clarity Aero’s Proposed Clarity-UAS Operations Meet the Requirements of Section 333 of the

Reform Act

A. Approval is Warranted Based on the Clarity-UAS’s Size, Weight, Speed, and Operational 

Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations

Manuals

V. Regulations From Which Exemption is Requested

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

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C.14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

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

K. 14 C.F.R. § 91.121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
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Aug 24th, 2015

Page 3

I. DESCRIPTION OF PETITIONER

Clarity Aero will provide aerial photography and video services by an FAA licensed commercial pilot 

primarily to small and medium business in the following areas: Aerial Mapping for construction applications 

and agriculture, video and still photography for real estate; video and still photography for yacht brokers and 

the marine industry. Additionally shot will be advertising via video and still photography for businesses to 

market locations and demonstrate products, and orthophoto mapping to support accident investigations. We 

also have an interest in UAV training, retail, and UAV public awareness. We will begin in the San Diego 

area and are planning both regional and national growth. Principal Jay Bernstein has been flying UAV’s 

without incident for approximately 1 1⁄2 years, and is an experienced videographer.

The contact information for Petitioner is as follows: 

Jay Bernstein

Clarity Aero, LLC.

340 S. Lemon Ave. #8777

Walnut, CA 91789

Phone: 619.265.6226

Email: jay.b@me.com

II.DESCRIPTION OF PROPOSED OPERATION

Clarity Aero seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI 

Phantom 3, DJI Inspire 1, DJI S1000 and 3DR Solo (Clarity-UAS) for the proposed operations discussed 

below. UAS operations will occur under tightly controlled conditions on private property where Clarity 

Aero has received permission to operate from the landowner, controller or authorized representatives. The

proposed UAS operations will be conducted in accordance with the conditions and limitations of this

Petition for Exemption and Clarity Aero’s Operations Manuals. As detailed in Clarity Aero’s Operations 

Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line-of-sight 

("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 nm away from an airport. 

Moreover, Clarity Aero’s Operations Manuals incorporate redundant safeguards to assure that the aircraft 

does not travel outside the controlled area of UAS operations, including GPS "geo-fencing" technologies.

A. Real Estate Aerial Photography, Videography and Inspection Service

Clarity Aero seeks to use small Clarity-UASs for the purpose of conducting aerial

videography, photography and inspection of real estate property.
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Clarity Aero has tailored its operations to meet the requirements established by the FAA in prior grants 

of exemptions authorizing commercial use of Clarity-UAS in the aerial videography, photography and 

inspection of real estate industry, including:

 Trudeau, Realtor® (Exemption No. 11138);

 Alon Sicherman (Exemption No. 11728);

 Sokoler Medley (Exemption No. 11341);

Clarity-UAS seeks to use small UASs for the purpose of conducting aerial videography, 

photography and inspection of real estate property operations. Such work will be conducted on private 

property in a controlled area, away from spectators and persons not involved in the aerial videography, 

photography and inspection of real estate property. Clarity-UAS video and inspection work will be

conducted during daylight hours, VFR conditions, at altitudes below 400' AGL. As set forth below, 

Clarity Aero’s operations provide a superior level of safety and quality compared to performing the same

video work using conventional fixed-wing aircraft or helicopters.

The proposed Clarity-UAS operations in this Petition for Exemption significantly improves safety

and reduces risk, harm or serious injury to real estate inspectors and property assessors. Traditional 

methods of real estate video production and inspection of structures, expose videographer-inspectors to 

higher risks of serious injuries, or death. Videographer-inspectors need to climb roof tops or otherwise 

perform elevated work, which exposes them to the risk of dangerous falls, electrocution or other work

related extremes. In addition, depending on the nature of the video needed and the inspection work, 

proximity to equipment and other hazards associated with industrial real estate sites and real estate 

construction locations often involves a great deal of risk to accomplish the job. The use of Clarity-UAS

mitigates these hazards and is ultimately a much safer method of performing these and most other types of 

inspections.

Clarity-UAS real estate video production and inspection of structures is much safer than traditional 

manned aircraft performing the same function. Conventional operations using rotorcraft and fixed-wing 

aircraft in low level operations present very high risks with vehicles weighing thousands of pounds, 

carrying passengers and large amounts of fuel. It is important to note that the use of small Clarity-UAS in 

this area will not only be safer and more cost effective, but the quality of collected data and information is 

far superior.

Clarity-UAS real estate video production and inspection of structures is more reliable, and allows for 

the collection, dissemination, and storage of visual content and other sensory data with greater precision and 

duration. Clarity-UASs are also capable of accessing finish and structural quality through the use of video 

and inspecting areas that would otherwise be inaccessible to humans and would be impossible to be

completed with conventional aircraft or other inspection methods.
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Aug 24th, 2015

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 IV. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA 

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in 

the National Airspace System ("NAS") where it is safe to do so based on the following considerations:

● The UAS’s size, weight, speed and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) 

(permitting exemptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an 

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) 

would not adversely affect safety (or how it would provide a level of safety at least equal to the existing 

rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. HIGHER UP'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF

SECTION 333 OF THE REFORM ACT

The Clarity-UAS operations proposed by Clarity Aero in this Petition for Exemption qualify for 

expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant 

factors are satisfied.

A. Approval is Warranted Based on the Clarity-UAS’s Size, Weight, Speed, and Operational

Capability

A Grant of Exemption is appropriate for operations conducted using the Clarity-UASs due to its size

weight, speed, and operational capability.
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o The Clarity-UAS has been approved for use in prior Section 333 Grants of Exemption from the

FAA.

2

o The Clarity-UAS weighs less than 55 pounds, including payload.

o The Clarity-UAS will not be flown at a ground speed in excess of 50 knots.

o Altitude information will be generated by equipment onboard the UA as specified using GPS 

triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. 

This information will be transmitted to the pilot via telemetric data feed.

o The Clarity-UASs will have system redundancies and independent functionality to ensure the 

overall safety and predictability of the system. If connection to the remote control or ground control

station is lost, failsafe systems will permit the Clarity-UAS to return to a predetermined location and 

safely land without injury or damage.

o The radio frequencies used for operations and control of the Clarity-UAS comply with the

Federal Communications Commission ("FCC") and other appropriate government oversight 

agency requirements. The operating frequency for the Clarity-UAS are 2.4 GHz.

If the same operations were conducted using a helicopter, the aircraft's take-off weight would likely exceed

6,000 pounds carrying a pilot, camera operator and VO-visual observer- navigator. The difference in 

weight between the Clarity-UAS and a helicopter significantly reduces the potential harm to the 

participating and non-participating individuals or property in the event of an accident or incident. In

addition, the risk to the onboard pilot and camera operator is eliminated.

2

See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of 

Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to Low Country RC, Corp. 

(Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption 

to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. 

(Exemption No. 11156).
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Aug 24th, 2015

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B. Approval is Warranted Based on the Operational Restrictions Set Forth in Clarity Aero’s

Operations Manuals

Clarity Aero’s Operations Manuals and the Manufacturer's Manual for the selected Clarity-UASs 

will contain all the procedures and limitations necessary to safely and successfully perform the operations 

specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Clarity 

Aero’s proposed operations, below is a summary of operational limitations and conditions that Clarity 

Aero will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted 

under current regulatory guidelines:

1. The Clarity-UAS weighs less than 55 pounds, fully loaded.

2. All operations shall 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 operation.

3. All Clarity-UASs operated under the Grant of Exemption 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.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot- in Command 

("PIC") of the Clarity-UAS, and one or more Visual Observers ("Observer") as necessary to 

safely conduct the mission.

5. PICs shall possess at least a Private Pilot's Certificate and current Class III Medical Certificate. The 

PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate.

6. The UA shall be operated within VLOS of the PIC and Observer at all times. The PIC must use 

human vision unaided by any device other than corrective lenses, as specified on the PIC's FAAissued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all 

times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to the Clarity Aero’s

Operations Manuals.
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The Operations Manuals will be maintained and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations in the Grant of Exemption and Clarity Aero’s 

Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and 

must be followed. Otherwise, Clarity Aero shall follow the procedures outlined in their Operations 

Manuals.

10. Clarity Aero may update or revise its Operations Manuals. Revisions will be tracked and a

revised copy of the Manual will be provided to the Administrator upon request.

Clarity Aero will also present an updated and revised Operations Manuals if it petitions for extension or 

amendment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA 

grants the exemption, Clarity Aero will seek an amendment to its Grant of Exemption. Clarity Aero will 

contact the FAA’s Clarity-UAS Integration Office (AFS-80) if questions arise regarding updates or

revisions to the operating documents.

11. Clarity Aero’s Operations Manuals and its Grant of Exemption will be available to the

PIC at the ground control station anytime the Clarity-UAS is operating.

12. The PIC is prohibited from beginning a Clarity-UAS flight unless (considering wind and forecast 

weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal 

cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the Clarity-UAS will be limited to 40 

minutes or the amount of time the Clarity-UAS can be flown and still maintain a reserve battery power of 

no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable 

controlled airspace without prior written authorization and approval from the FAA. In the event the 

structure being inspected exceeds 400 feet AGL, the Clarity-UAS will not be operated more than 100 feet 

above the highest point on the structure, and no more than 100 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons 

other than the PIC, VO, operator trainees or essential personnel), 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 

and/or;
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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).

16. 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.

17. The UA may not operate within 5 nm of an airport reference point as denoted on a current FAApublished aeronautical chart unless a letter of agreement with that airport’s management is obtained, and

the operation is conducted in accordance with a NOTAM as required by the Clarity Aero COA. The letter 

of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the Clarity-UAS to confirm that it is in a condition safe for 

flight. The pre-flight inspection will account for all discrepancies, e.g. inoperable components, items, or 

equipment, not already covered in the relevant sections of the operating documents. The PIC shall not 

operate the Clarity-UAS if the inspection reveals a condition that affects the safe operation of the ClarityUAS until the necessary maintenance has been performed and the Clarity-UAS is found to be in a condition

for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and 

alternations must be properly documented in the Clarity-UAS records as required by Clarity Aero’s

Operations Manuals.

19. Clarity Aero will carry out its maintenance, inspections, and record keeping requirements in 

accordance with the Operations Manuals. Maintenance, inspection, and alterations will be noted in the 

Clarity-UAS records, including total time in service, description of work accomplished, and the signature

of the authorized person returning the Clarity-UAS to service.

20. Any Clarity-UAS that has undergone maintenance or alterations that affect the Clarity-UAS

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

functional test flight in accordance with Clarity Aero Operations Manuals. The PIC who conductsthe 

functional test flight must make an entryin the Clarity-UAS aircraft records of the flight. The requirements

and proceduresfor a functional test flight and Clarity-UAS record entry shall be included in the Clarity 

Aero’ Operations Manuals.
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21. The Clarity-UAS will be operated and maintained according to the Manufacturer's Manuals and 

any required manufacturer Safety/Service Bulletins.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on

Clarity Aero’s Operations Manuals.

23. Clarity Aero will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or 

Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of 

Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in 

accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level 

and potential transponder requirements.

24. 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

25. If the Clarity-UAS loses communication with the pilot, it will have the capability to return to a

pre- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of communication 

between the PIC and the Observer.

27. The Clarity-UAS will have the capability to safely abort flight in the case of unpredicted obstacles 

or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner 

consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a ClarityUAS rotorcraft pilot and at least 10 hours logged as a Clarity-UAS pilot with a similar Clarity-UAS type.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner 

consistent with 14 CFR § 61.51(b), a minimum of 54 CFR §61.51(b), a minimum of 10 logged hours as 

Clarity-UAS pilot operating the make and model of Clarity-UAS to be utilized for operations under the 

exemption and thirty take-offs and thirty landing in the preceding 90 days.
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31. Operations shall occur during daytime VFR Meteorological Conditions; flights under Special

Visual Flight Rules ("SVFR") shall not be conducted.

32. The UA shall 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.).

33. Clarity-UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The Clarity-UAS will not be operated from an elevated platform or moving device / vehicle.

35. 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.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

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, 

including Clarity-UASs, from its safety regulations and minimum standards when the Administrator decides 

a requested exemption is in the public interest.

3

Clarity Aero seeks an exemption from several interrelated provisions of Title 14 of the Code of

Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations 

using a Clarity-UAS. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, 

and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of 

safety better than or equal to the rules from which exemption is sought.4

3

49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).

4

14 C.F.R § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would 

provide a level of safety at least equal to that provided by the rule from which you seek exemption.
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Page 12

UNMANNED AIRCRAFT SYSTEM

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

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the Clarity-UAS selected provides an equivalent level of safety when compared to aircraft 

normally used for the same application. These criteria are met, and therefore no exemption is needed.

5 If, 

however, the FAA determines that there are some characteristics of the chosen Clarity-UAS that fail to meet

the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Clarity Aero’s use of the Clarity-UAS is safe when taking into account their size, weight, speed, and 

operational capability. As set forth in the description of proposed operations in Section IV (A), the 

Clarity-UAS weighs less than 55 pounds, including payload and will not be flown at a ground speed 

in excess of 50 knots. Clarity-UAS is also equipped with safety features that will allow Petitioner to 

operate the Clarity-UAS safely after experience certain in-flight contingencies or failures.

6 7

5

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6

See e.g., Grant of Exemption No. 11184 to Low CountryRC, Corp. (FAA-2014-0803 at pg. 3):

"The [Clarity-UAS] has the capability to operate safely after experiencing certain in-flight contingencies 

or failures and uses an auto-pilot system to maintain Clarity-UAS stability and control. The Clarity-UAS

is also able to respond to a loss of global positioning system (GPS) or a lost-link event with a precoordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup.

These safety features provide an equivalent level of safety compared to a manned aircraft performing a

similar operation."

7

See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5):

"The Clarity-UAS with its upgrade can be operated entirely by a touch-screen, map-based interface. This 

means the operator only needs to command the system where to go, and the system does all the flying for 

the operator. The Clarity-UAS can be operated in both semi and fully autonomousflight modes, with the 

operatorsimplyclicking on a map to create a pre-planned flight path for a flight. In addition, the operator can 

create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe 

or unnecessary to fly over. The petitioner states further that the Clarity-UAS has built-in intelligent fault 

handling which allowsthe Clarity-UAS to detect a system fault while in the air and automatically fly back

to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding preset wind thresholds; and low battery levels.

{footnote continued}
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Additionally, the Clarity-UASs carry neither pilots nor passengers, carry no explosive materials 

or flammable liquid fuels, and operate exclusively within the parameters stated in the Clarity 

Aero's Operations Manuals.

Operations conducted under this exemption will be closely controlled and monitored by the operator 

and will be conducted in compliance with local public safety requirements, to provide security for the area of 

operation. Clarity Aero will also provide the FAA with advance notice of all operations via NOTAMs as 

required by the applicable COA. In all cases, operation of the Clarity-UAS under the proposed conditions 

will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate.

Lastly, the Clarity-UASs do not need a means to communicate with other aircraft or ATC, because 

those capabilities will be possessed by the PIC and Observer, who are not onboard the Clarity-UAS.

8 In 

addition, no sense-and-avoid technology is necessary for the Clarity-UASs because they will be operated at 

all times in VFR conditions and within VLOS of the PIC and Operator.

9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent that the Clarity Aero's small Clarity-UASs would otherwise require 

certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same 

reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H, supra.

{continued from previous page}

7

See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5):

All flight operations are global positioning system (GPS) controlled, making the system easy to 

navigate. At any point if the operator is not explicitly commanding the system to move, the system 

automatically holds its GPS position. The flight control system employs not only GPS positioning but 

a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure 

stability so long as wind thresholds are not exceeded. Also a flight termination link – to prevent a 'fly 

away' or other potentially dangerous situation – is available to the operator."

8

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13).

9

Id.
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C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Clarity Aero seeks an exemption from the aircraft marking and identification requirements contained in

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in

accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of 

the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was 

warranted provided that the aircraft "have identification (N-Number) markings in accordance with 14 C.F.R 

Part 45, Subpart C if the markings are as large as practicable."

10

Equivalent Level of Safety

All UA flown by Clarity Aero will bear N-number markings that are as large as practicable

in accordance with 14 C.F.R. Part 45, Subpart C.

11

10 FAA Docket No. FAA-2014-0352.

11See, e.g., FAA Docket No. FAA-2014-0352, at 14.
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D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

Clarity Aero seeks an exemption from the maintenance inspection requirements contained in

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance 

and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each 

owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the Clarity-UAS to be operated under this grant of exemption will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed 

in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. 

Further, as required by Clarity Aero’s Operations Manuals, the PIC will conduct a pre-flight inspection of the 

Clarity-UAS and all associated equipment to account for all discrepancies and/or inoperable components. 

Maintenance will be performed and verified to address any conditions potentially affecting safe operation of 

the Clarity-UAS and no flights will occur unless, and until, all flight critical components of the Clarity-UAS

have been found to be airworthy and in a condition safe for operation. A functional test flight will be 

conducted following the replacement of any flight-critical components. As required by Clarity Aero’s

Operations Manuals, the PIC who conducts the functional test flight will make an entry in the Clarity-UAS

aircraft records of the flight.

Clarity Aero’s Operations Manual also includes requirements to follow the manufacturer’s ClarityUAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the 

following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces 

(including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), 

ground control station, hazard accessories, and spare parts. Further, Clarity Aero’s Operations Manuals also 

includes procedures to document and maintain a record of the Clarity-UAS maintenance, preventative 

maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the 

Clarity-UASs used under this Grant of Exemption. As a whole, the maintenance and inspection procedures 

required in Clarity Aero’s Operations Manuals ensure that an equivalent or higher level of safety will be 

achieved.
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PILOT-IN-COMMAND OF THE Clarity-UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Clarity Aero seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders 

from flying aircraft for compensation or hire, and would also require a second class medical certificate. The 

purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the

PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for 

hire. In this case, while the Clarity-UASs will be operated as part of a commercial operation, it carries

neither passengers nor cargo.

In the Grant of Exemption to Astraeus Aerial

12, the FAA determined that the unique characteristics of 

Clarity-UAS operation outside of controlled airspace did not warrant the addition cost and restrictions

attendant with requiring a the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. 

The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot 

would not lead to any additional safety benefits when Clarity-UAS operations are involved.

Equivalent Level of Safety

The restrictions the Clarity Aero has placed on its Clarity-UAS operations meet or exceed the

restrictions similarly imposed on Astraeus Aerial. Clarity Aero will operate on private property away from 

persons and property not involved in the operation. Clarity Aero will also obtain an ATO issued COA prior

to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance

with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, the Clarity Aero will further ensure safe operation by requiring 

that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft 

operators but also in the unique aspects of Clarity-UAS flight. As set forth in the Operations Manuals, pilots 

will have experience not only in Clarity-UAS operations generally but have logged flight time in the specific 

make and model used for the operations before they are permitted to participate in commercial flights on 

behalf of Clarity Aero. The pilot qualification, training, and currency requirements in the Operations 

Manuals ensure that Clarity Aero’s pilots are competent and proficient in the Clarity-UAS they are operating. 

Clarity Aero’s training and qualification requirements are consistent with those contained in prior FAA

Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots 

and will ensure at least an equivalent level of safety.

12 Exemption No. 11062 (FAA Docket No. FAA-2014-0352).
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OPERATING PARAMETERS OF THE Clarity-UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Although there will be no airworthiness certificate issued for the Clarity-UASs, Clarity Aero

seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy

condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the 

extent that the requirements of Part 21 are waived or found inapplicable.

13 Accordingly, Petitioner

requests that the requirements for § 91.7(a) be treated in accordance with Section V (A), supra.

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

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

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

(2) For which an Airplane or Rotorcraft Flight Manual is 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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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.

13 See id. at 13-14, 22
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Page 18

Given the small size and configuration of the Clarity-UASs, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the Clarity-UAS because there is simply

no room and the Clarity-UAS has no cabin or cockpit.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and 

(b) is met if the pilot of the unmanned aircraft has access to the Clarity-UAS flight manual, registration 

certificate, and other required documents from the ground control station from which he or she is operating 

the aircraft.

14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the 

pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be 

achieved by ensuring that the pilot has access to the documents at the ground control station from which he 

or she is piloting the Clarity-UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Clarity Aero seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAA-approved Flight 

Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely 

conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Clarity Aero’s Operations Manuals 

and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any 

defects or inoperable components in accordance with the Clarity Aero’s Operations Manuals, including 

checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also be required 

to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, 

and contingency landing areas—before initiation of flight. Clarity Aero’s Operations Manuals and the 

Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all 

times while operating the Clarity-UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and

Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA2014-0352 at 16-18.
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Clarity Aero seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that 

"[n]o 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." Clarity-UASs and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished 

through the use of a device that communicates with the aircraft via radio communications. Accordingly, an 

exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the Clarity-UASs that Clarity Aero intends to use, an equivalent 

level of safe training can still be performed without dual controls because no pilot or passengers are

aboard the Clarity-UAS, and as required by the Clarity Aero’s Operations Manuals, all persons will be a

safe distance away in the event that the Clarity-UAS experiences any difficulties during flight 

instruction. Moreover, as required by the Clarity Aero’s Operations Manuals, all flight training will be

conducted in controlled and sterile environment. As a whole, the safety procedures provided for in the

Clarity Aero’s Operations Manuals ensure that the proposed Clarity-UAS operations provide an 

equivalent or higher level of safety than that provided by the flight instruction regulations.

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

The Clarity Aero requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119(c).

15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in noncongested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less 

than those minimum altitudes when it can be operated "without hazard to persons or property on the 

surface," provided that "each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed Clarity-UAS operations will normally need to 

occur below 400 feet AGL. In circumstances where the Clarity-UAS is used to inspect a structure whose

height exceeds 400 feet AGL, the Clarity-UAS will not be operated more than 100 feet above the highest 

point on the structure, and within 100 feet horizontally of the structure. Additionally, due the nature of 

the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the 

UAS.

15Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency 

landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's 

proposed UAS operations will not occur over congested areas, and therefore an exemption from §

91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slug wear, Inc., dba Like on a 

tree Aerial (FAA-2014-0534 at 15)
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Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel with the Clarity-UASs, any risk associated with 

these operations is far less than those that presently exist with conventional aircraft. An equivalent level of 

safety will be achieved given the size, weight, and speed of the Clarity-UASs, as well the controlled 

location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations 

will be restricted to 400 feet AGL or below, or when inspecting a structure whose height exceeds 400 feet

AGL, within 100 feet above the highest point on that structure and 100 feet horizontally of the structure.

As set forth in the Operations Manuals, the Clarity-UASs will be operated in a restricted area, and all 

flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless 

that person is in a position where he or she is shielded from the Clarity-UAS and any possible debris 

resulting from Clarity-UAS failure. As required by the Operations Manuals, flights will be terminated if a 

nonparticipating person within 500 feet of the Clarity-UAS leaves a shielded position. Further, Clarity-UAS

operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller 

has granted permission and the PIC has made a safety assessment of the risk of operating closer to those 

objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). 

Adherence to these restrictions in the elevation of the departure airport or barometric pressure. An 

exemption is required to the extent that the Clarity-UASs do not have a barometric altimeter, but rather a

GPS altitude read out. Clarity Aero’s Operations Manuals will ensure operations can be conducted

without compromising safety.

16

K. 14 C.F.R. § 91.121: Altimeter Settings

Clarity Aero seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of

the departure airport or barometric pressure An exemption is required to the extent that the Clarity-UASs do

not have a barometric altimeter, but rather a GPS altitude read out.

16See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19):

"If barriers or structures are present that can sufficiently protect nonparticipating persons from the UA or 

debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such 

protection. The operator must also 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. When considering how to immediately cease operations, the 

primary concern is the safety of those nonparticipating persons. In addition, the FAA finds that operations 

may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any 

such vessels, vehicles orstructures grants permission for the operation and the PIC makes a safety 

assessment of the risk of operating closer to those objects and determines that it does not present an undue 

hazard.”
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Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be 

achieved in circumstances where: (1) the Clarity-UASs will be operated below 400 feet AGL or below17, 

(2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a

ground- based on-screen display and, (4) where prior to each flight, a zero altitude initiation point is 

established for the PIC to confirm accuracy of the onboard GPS.

18

The Clarity-UASs that Clarity Aero intends to use for the proposed operations will meet all these 

operational characteristics. Moreover, as required by Clarity Aero’s Operations Manuals, the PIC will be 

required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333

Grants of Exemption, the Clarity-UASs Clarity Aero intends to use, and the safety mitigation procedures 

contained in the Operations Manuals, both ensure that an equivalent level of safety will be achieved, and a 

Grant of Exemption to the requirements of § 191.121 is therefore appropriate.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Clarity Aero requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states:

(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;

or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on Clarity-UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from the 

fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

17

If the height of the structure being inspected exceeds 400 feet AGL, the Clarity-UAS will not be

operated more than 100 feet above the highest point on the structure.

18

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).
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Page 22

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by 

prohibiting the PIC from beginning a Clarity-UAS flight unless (considering wind and forecast 

weather conditions) there was enough power to fly to the first intended point of landing and,

assuming normal cruising speed, to fly after that for at least 10 minutes.

In reaching this conclusion, the FAA considered that the Clarity-UAS batteries for the Clarity-UAS

provided provide approximately 20 minutes of powered flight (with payload) and provided battery level 

and battery time remaining in minutes and seconds to the PIC.

19 The FAA also considered the fact that the

Clarity-UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, 

and that in the event that the Clarity-UAS should run low on power, the PIC will be alerted and can land the

Clarity- UAS as soon as possible. Like the VDOS Grant of Exemption, Clarity Aero use of the ClarityUAS, combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of 

safety can be achieved.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined 

that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by 

prohibiting the PIC from beginning a flight with the Clarity-UAS unless (considering wind and forecast 

weather conditions), there was enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining. Clarity Aero will adhere to this limitation for ClarityUAS flights.

The Clarity-UAS includes a low battery warning system and the amount of battery reserve power 

remaining is transmitted to the PIC via telemetric data feed, which downlinks from the Clarity-UAS to a 

ground-based-on-screen display.

20 As required by Clarity Aero’s Operations Manuals, the PIC will

promptly fly the Clarity-UAS back to the home launch location or pre-determined abort location where the

Clarity-UAS may safely land, while still maintaining a minimum of 25% reserve battery power. Clarity 

Aero submits that the procedures requiring flights to be safely terminated once the batteries fall below 25%

capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using

a Clarity- UAS weighting less than 25 pounds, and within VLOS of the PIC and Observer(s), ensure that 

the proposed operation will provide an equivalent or higher level of safety to that provided by the 

regulations from which exemption is sought.

19 Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10).

20 The UAS ground control station displays, the UASs position, navigation route, tail number, altitude, 

heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and 

orientation relative to the UAS.
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Page 23

VI. DRUG AND ALCOHOL PROGRAM

The Clarity Aero will have policies in place to ensure that no person may participate in Clarity-UAS

flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Clarity Aero’s Petition for Exemption. Congress 

has established a national policy that favors early integration of Clarity-UAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for Exemption

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA

Administrator's assessment of whether certain Clarity-UAS may operate safely in the NAS before

completion of the statutorily required rulemaking.

The proposed Clarity-UAS operations in this Petition for Exemption significantly improve safety

and reduce risk, harm or serious injury to real estate inspectors and property assessors. Traditional methods 

of real estate video production and inspection of structures, expose videographer-inspectors to higher risks 

of serious injuries, or death. Videographer-inspectors need to climb roof tops or otherwise perform 

elevated work, which exposes them to the risk of dangerous falls, electrocution or other work related 

extremes. In addition, depending on the nature of the video needed and the inspection work, proximity to 

equipment and other hazards associated with industrial real estate sites and real estate construction 

locations often involves a great deal of risk to accomplish the job. The use of Clarity-UASs mitigates these

hazards and is ultimately a much safer method of performing these and most other types of inspections.

The use of small Clarity-UASs also enhances safety and reduces risk because, unlike manned 

aircraft weighing thousands of pounds, carrying crew in addition to flammable fuel, the Clarity-UASs 

carry no passengers or crew. Further, in the unlikely event of an accident, the Clarity Aero small battery

powered Clarity-UASs presents significantly less danger to persons on the ground when compared to 

operations by conventional manned aircraft.

21 As Petitioner's Clarity-UASs are battery powered, the 

public will also benefit from a reduction in harmful emissions associated with conventional aircraft 

performing in the same functions proposed herein. Lastly, as recognized by the FAA in prior Section 333 

Grants of Exemption to filmmakers, Clarity-UASs provide an additional tool for the aerial filming

industry, adding a greater degree of flexibility, which supplements the current capabilities offered by

manned aircraft.

22

21

See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12):

"Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an 

onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s Clarity-UAS will 

weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be remotely located from 

the aircraft. The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk to an onboard pilot 

and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."
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VIII. PRIVACY

All Clarity Aero Clarity-UAS operations will be conducted in accordance with applicable federal, 

state, or local laws regarding privacy. All operations shall 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.

IX. FEDERAL REGISTER SUMMARY

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:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a);

91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) &

(b).

The exemption will enhance the quality of real estate video capture that could never be performed 

by conventional aircraft and increases safety and greatly reduces risk to real estate videographers and 

inspectors. Additionally reduces the danger to onsite employees, the public and property owners from the 

substantial hazards associated with performing equivalent aerial videography, photography and inspection 

of real estate property with conventional fixed-wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

The Clarity Aero Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated 

areas, operation within VLOS and national security. The proposed Clarity-UAS operations will reduce the 

inherent dangers and risks of real estate inspectors and property assessors that currently use scaffolding and 

ladders. Additionally, Clarity-UAS operations will benefit the public as a whole improving safety and 

reducing risk by the elimination of conventional aircraft alleviating human exposure to danger. In 

consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate 

justification for granting the requested exemptions allowing the Clarity Aero to use small Clarity-UASs for

Aerial Videography and Photography of Real Estate Property.

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18).
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Page 25

We thank you for your prompt consideration of our requested exemptions. 

Respectfully Submitted,

Jay Bernstein

Clarity Aero, LLC.

340 S. Lemon Ave. #8777

Walnut, CA 91789

Should you have any questions, or if you need any additional information to support the requested 

exemptions, please contact the undersigned at:

Clarity Aero

Phone: 619.265.6226

Email: jay.b@me.com

(The following attached items contain proprietary and commercial information exempt from disclosure 

under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant 

to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual

2. PIC Operating Manual

3. Company Protocols

4. Location Protocols

5. Flight Communications Protocols

6. Departing Location Protocols

7. Transmitter Protocols

8. Preflight Checklist

9. Post Flight Checklist

10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals