Ace Construction Enterprises, LLC

17 Sand Hill Road

Asheville, NC 28806

1-828-301-0840

January 2, 2016

US Department of Transportation 

Federal Aviation Administration 

800 Independence Ave SW 

Washington DC 20591

Dear Sir or Madam:

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

CFR Part 11, Ace Construction Enterprises, LLC, owner and operator of Small Unmanned Aircraft 

Systems (UASs), requests to be exempted from the Federal Aviation Regulations (FAR) listed 

below so that Ace Construction Enterprises, LLC may operate UASs commercially in airspace 

regulated by the FAA, as 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. Ace 

Construction Enterprises, LLC (an excavating and building contracting business) is owned by 

Shane and Amy Valliere both North Carolina residents, with North Carolina driver’s licenses. 

Bjorn Larson, a qualifier as a licensed builder for Ace Construction Enterprises, LLC, is an 

experienced UAS and RC hobbyist and will be the PIC. Mr. Larson is also a North Carolina 

resident with a North Carolina driver’s license. All operations will be performed with the 

public’s safety and right to privacy safeguarded at all times. 

As described below, the requested exception would permit the operation of light weight (less 

than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use by an

experienced UAS and RC hobbyist with over a decade of experience operating aerial RC devices 

thereby enhancing safety and fulfilling the Secretary of Transportation’s (the FAA 

Administrator’s) responsibility to” establish requirements for safe operation of such aircraft 

systems in national airspace systems.” Section 333(c), of the Reform Act.

Ace Construction Enterprises, LLC UAS (Phantom 3) is a rotorcraft weighing less than 55 pounds 

including payload. It operates at a speed less than 50 knots and has the capability to hover and 

move in the vertical and horizontal plane simultaneously. It has an auto return to launch point 

when battery power is under 25%. The UAS will operate within the line of sight within a 

protected flight area as described below and at 200 feet AGL or less with an observer located 

close at hand as to make voice communication possible. These operations will not create a 

hazard to users of the nation airspace, public nor the environment. Ace Construction 

Enterprises, LLC respectfully requests the grant of an exception to the following specific 

sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for 

commercial use, 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 
91.109, 91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1), 91.409(a)&(b). Ace 

Construction Enterprises, LLC submits this application in accordance with the Reform Act, 112 

P.L. 95 331334, seeking relief from any currently applicable FAR’S operating to prevent Ace 

Construction Enterprises, LLC future commercial use of small UASs to operate in the national 

airspace system as described below. The Reform Act section 332 provides for such integration 

of civil unmanned aircraft into our national airspace system as it is in the public’s interest to do 

so. Ace Construction Enterprises, LLC’s UAS meets the definition of “small unmanned aircraft” 

as defined in Section 331 and therefor the integration of the UAS is expressly contemplated by 

the Reform Act. 

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in national airspace before completion of the rule making 

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

Transportation is required to determine which UASs do create a hazard to users of the national 

airspace system or the public or pose a threat to national security in light of the following: The 

UAS’ size, speed, weight and operational capability Operation of the UASs in close proximity to 

airports and populated areas Operation of the UAS’ within visual line of sight of the operator 

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in 

National Airspace System, the secretary shall establish requirements for the safe operation in 

national airspace.

Ace Construction Enterprises, LLC owns rotorcraft weighing less than 55 lbs. and it operates at 

speeds less than 50 knots and has the capability to operate in the vertical and horizontal plane 

simultaneously. The UAS will operate only within the line of sight of the operator within a 

protected flight area and at 200 feet AGL or less. It will not present a hazard to the national 

airspace nor the public. The very small nature of the UAS combined with the safe guards 

presented below, will allow for the safe operation greater than that envisioned by Congress for 

the FAA to establish and by exemption allow commercial operations of UASs to commence 

immediately. Also due to the size of the UAS and the areas and altitudes it will operate,

approval of this exception presents no national security issues and absolutely minimal safety 

concerns which have been mitigated through our rigorous risk management process. Given the 

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

Aviation Act, as amended, the strong equivalent level of enhanced safety, reduced emissions 

utilizing UASs verses traditional aircraft as well as the economic impact of greatly reducing the 

cost of aerial photography thereby benefiting the greater public’s interest. Accordingly, the 

applicant requests that the FAA grant the requested exemption without delay.

The following will be considered as the binding limitation on operations of Ace Construction 

Enterprises, LLC. Flights will only occur in the daylight hours. Flights will be operated in the line 

of sight of the operator (PIC) and Observer (VSO). Flights will be terminated at any time that 

weather and wind deteriorate to “unsafe for flight” by manufacturers recommendations. The 

UAS will weigh less than 55 lbs. Flights will be operated at 200 feet AGL or less. Crew will be at a 

minimum of operator (PIC) and an observer and/or camera operator (VSO). Operator and crew 

will remain in contact during the flight operation. The UAS operator will perform a check of the 
flight area and make certain of the safety of all persons in the area. Consent will be obtained 

from all persons within the image and video capabilities of the unit to further reduce the 

chance of violating anyone’s privacy. All required FAA clearances will be obtained and distances 

from airports strictly observed. The UAS will have the capability to return automatically to the 

operator in a safe manner with the auto return function checked and working. Flights will only

operate in VFR conditions. The UAS has a function on the control to tell operator the distance 

away from the operator and its battery power remaining. Flight team will communicate by 

voice and the use of two way radios if the area is too big to hear voice from all team members. 

The UAS will be used to map, photograph, video and visually inspect large rural parcels and 

hard to navigate terrain for potential environmental conditions that can result in potential 

endangerment to the public when such conditions are not addressed such as slope stabilization 

issues and potential slope failures. Additionally, the UAS will be used to inspect BMPs (Best 

Management Practices) and system operation so that potential failures can be documented and 

address in a timely manner to prevent possible catastrophic failures of such systems and 

reducing both the impact to the public and the environment. When operating over or near 

water the UAS will be equipped with flotation devices so that recovery can be made as to 

prevent lithium battery exposure to the water table. 14 CFR part 21 Subpart H: Airworthiness 

Certificate 14 CFR 91.7(a), 91.203(a)(1) Subpart H, entitled Airworthiness Certificates, sets forth 

requirements for procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, 

weight and defined area of operations for Ace Construction Enterprises, LLC UAS flights permits 

exception from Part 21 because they meet an equivalent level of safety pursuant to Section 333 

of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt a UAS from airworthiness certificates in 

consideration of weight, size, speed, maneuverability and proximity to areas such as airports 

and dense populations. Ace Construction Enterprises, LLC meets or exceeds each of these 

elements.

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for 

flights at or under 200 AGL to any UASs operator with a section 333 exemption. 14 CFR 

91.203(a&b) provides for carrying of civil aircraft certifications and registrations. These are 

inapplicable for the same reasons stated above. The equivalent level of safety will be achieved 

by maintaining such certifications and registrations at Ace Construction Enterprises, LLC 

operations center. 14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by FAR’s this 

regulation is inapplicable. 14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft 14 CFR 

91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, 

and given the size of the UAS, this regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining such certifications and registrations at Ace Construction Enterprises, 

LLC operations center. The FAA has previously issued exemptions to this regulation in 

Exemptions No’s 8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 

32827.
14 CFR 91.119 minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It 

allows helicopters to be operated at lower altitudes in certain conditions. Ace Construction 

Enterprises, LLC will only operate its UAS at or below 200AGL. It will be operated on a will 

defined AOR that has been carefully reviewed for hazards and minimizes the presence of any 

persons not essential for these operations. Flights will only be over private property that the 

owner has consented and all persons within this video area also give consent for this filming. 

Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far 

more than 50 lbs., operating below 500 AGL with flammable fuel, UAS operations present a far 

smaller risk to the public. Approval of these 333 Exemptions allowing commercial operations of 

small UASs in the service of aerial photography will greatly enhance safety by reducing the 

overall risk associated with traditional aircraft. Traditional aerial photography requires large 

aircraft with flammable fuel to fly in close proximity of populated areas and people in general. 

With the use of small UASs of 55 lbs. or less, battery operated and fling below 200 feet AGL, the 

risk of injury of people on the ground or the crew has been reduced or almost erased.

Granting Ace Construction Enterprises, LLC the above exemption will allow for the expansion of 

UAS systems into the future for the safe conduct of free enterprise and the enjoyment of the 

masses. Ace Construction Enterprises, LLC respectfully requests the FAA grant its exception 

without delay. The FAA has the authority to issue the exemption sought by Ace Construction 

Enterprises, LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely,

Bjorn Larson

Ace Construction Enterprises, LLC

17 Sand Hill Road

Asheville, NC 28806

828-301-0840