June 18,2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

l ';...": :, :,, 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 

C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.1 03(b); 

91.109; 

119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) 

Dear Sir or Madam, 

We, Aerial Image , are writing pursuant to: the FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11, to request that Aerial Image, 

LLC., an owner and operator of small unmanned aircraft, be exempted from the 

Federai'Aviation Regulations ("FARs") listed below so that We, Aerial Image, may 

operate our small ultra lightweight unmanned aircraft system ("UAS") commercially in airspace 

regulated by the Federal Aviation Administration ("FAA"). 

As described herein Aerial Image multirotor pilots are experienced in flying hobby helicopters for 

recreational purposes for over 30 years. Our Inventory includes a DJI Spreading Wings 

Octocopter with a Canon Mark Ill camera, DJI F450 with 4k Go Pro, DJI Phantom 2 with 

GoPro with the intent for aerial videography/cinematography to enhance the academic 

community 

Having flown small RC electric helicopters and planes for over thirty (30) years without incident, 

a degree in computer sciences, code writing and having written code for DJI and Multiwii 

controllers we are committed to safety with each flight. 

Aerial Image, LLC., exemption request would permit operation of ultra lightweight, unmanned 

(piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and 

limited airspace. Predetermined in areas away from general public, airports, heliports and 

vehicular traffic 

for community videos, and within property boundaries for individual homeowner real estate 

listing videos/photos. Currently, similar lightweight, remote contrdlled UAS's are legally operated 

by unmonitored amateur hobbyists with no safety plan or controls in place to prevent 

catastrophe. 
We, Aerial Image, have developed and enacted standards to avoid and prevent public hazard, 

as well as manned aircraft 

Granting our, Aerial Image's, request complies with the Secretary of Transportation's (FAA 

Administrator's) responsibilities and authority to not only integrate UAS's into the national 

airspace system, but to " ... establish requirements for the safe operation of such aircraft systems 

[UAS's] in the national airspace system" under Section 333(c) of the Reform Act specific to the 

use of UAS's for real estate/Realtor purposes. Further We, Aerial Image, will conduct our 

operations in compliance with the protocols described herein or as otherwise established by the 

FAA. 

Aerial Image LLC., berlin, NJ - Section 333 Exemption Petition 

For the reasons stated below, We,Aerial Image, respectfully request the grant of an 

exemption allowing us to operate ultra lightweight, remote controlled UAS's for 

academic community awareness to benefit/stimulate attraction to the Tri state 

area and to enhance real estate listing videos for homeowners who cannot afford 

expensive manned aircraft for the same purpose. Both of which will promote local 

economic growth through increased employment and increased tax base. Both with 

public safety in mind by keeping heavier manned aircraft containing combustible fuel 

that poses potential public hazard. 

I. Contact Information: 

Aerial Image, LLC. 

Donald Berry 

501B Coal Rd 

Berlin, NJ 08009 

Office: (856) 236-3731 

Email: droneaerialimage@gmail.com 

II. The Specific Sections of Title 14 of the Code of Federal Regulations From 

Which Aerial Image, LLC. Requests Exemption are: 

14CFR21; 

14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 
Ill. The Extent of relief Aerial Image seeks and the Reason He Seeks Such Relief: 

We, Aerial Image, submit this application in accordance with the Reform Act, 112 P.L. 95 

§§ 331-334, seeking relief from any currently applicable FARs operating to prevent we, Aerial 

Image, LLC. contemplated commercial cinematic, academic and other flight 

operations within the national airspace system. The Reform Act in Section 332 provides 

for such integration of civil unmanned aircraft systems into our national airspace system 

as it is in the public's interest to do so. Our,Aerial Image's, ultra lightweight UAS 

meets the definition of "small unmanned aircraft" as defined in Section 331 and 

therefore the integration of our ultra lightweight UAS is expressly contemplated by the 

Reform Act. We would like to operate our lightweight UAS prior to the time period by 

which the Reform Act requires the FAA to promulgate rules governing such craft. 

Thereby, providing direct experience and valuable information for formal regulation that can be 

administered uniformly to all real estate related UAS aerial video and photography. The Reform 

Act guides the Secretary in determining the types of UAS's that may operate safely in our 

national airspace system. Considerations include: The weight, size, speed and overall 

capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated 

areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of 

these items reflect in favor of an exemption for us, Aerial Image. Our UAS utilizes Four (4) and 

(8) counter-rotating propellers for balance, control and stability. Our UAS is equipped with GPS 

and auto return safety 

technology. Weighing less than fifteen (15) pounds (far below the max. 55 pound limit); 

including camera with gimbal. 

Aerial Image, considers safety as foremost with each flight. Our small unmanned aircraft 

is designed to hover in place via GPS and operate in less than a 13 knot (15 mph) 

wind. For safety, stability and fear of financial loss we will not fly in winds exceeding 

13 knot (15 mph). Built in safety systems include a GPS mode that allows our UAS to 

hover in place when radio controls are released. With three modes to choose from, We 

utilize the Safe Mode for aerial videography/photography. This is the safest, most 

reliable and stable mode to prevent accident and hazard. When pilot communication is 

lost UAS is designed to slowly descend to point of take off. No UAS operations near 

airports, Hospitals nor Police heliports, and do not operate near areas where general 

public is within fifty to one hundred (50-1 00) yards depending on location, conditions 

and weather. We are constantly on alert for any manned aircraft (Police/Medical 

helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point 

should a manned aircraft approach our location or we suspect manned aircraft may approach 

near our location. Our UAS is capable of vertical and horizontal operations, and are flown only 

within our line of sight of us, as the remote control pilot. Utilizing battery power rather than 

combustible fuels, flights generally last between ten (1 0) to fifteen (15) minutes, with an altitude 

under three hundred (300) feet. We, Aerial Image, utilize a fresh fully charged battery with each 
II 

flight as a safety precaution; full flight time limit for each battery is ten (1 0) to fifteen (15) minutes 

as tested. We do not operate our UAS at or below manufacturer recommend minimum charge 

levels for operation; preferring to remain well within a safe operating range to insure adequate 

communication between radio control 

and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at 

hand with each exercise to insure replacement for sufficient safe level of operation. We do not 

believe in taking risk that may cause a crash, that could create hazard to the 

public/property/manned aircraft, 

and have no desire to lose an investment. We have clocked numerous practice flights in 

remote areas as a hobbyist simulating flights for future commercial use to gain 

familiarization with the characteristics of this specific UAS's performance under different 

temperature and weather conditions. We have also developed a 30 flight hour training course, 

test and manual for new members as well as current. All for the sake of safety. 

We, Aerial Image, are extremely cautious when operating our UAS/ultra light 

weight unmanned aircraft and will not "create a hazard to users of the national airspace 

system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of our UAS 

it falls well within Congress's contemplated safety zone when it promulgated the Reform 

Act and the corresponding directive to integrate UAS's into the national airspace 

system. Aerial Image's UAS, used in hobby flight, has a demonstrable safety 

record and does not pose any threat to the general public or national security. 

IV. How Aerial Image's Request Will Benefit the Public As A Whole: 

Aerial videography for geographical awareness and for real estate marketing has been 

around for a long time through manned fixed wing aircraft and helicopters. For small 

budget real estate companies and average homeowners the expense of such aerial 

videography is cost prohibitive. Only large companies and high end Realtors or luxury 

homeowners can afford to absorb such expense. Depriving non-luxury homeowners and lower 

budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public 

through potential catastrophic crash that the Tri state area has experienced in the past each 

resulting in loss of life. Each with combustible fuel that exploded and burned on impact. Our, 

Aerial Image's, UAS pose no such threat since size and lack of combustible fuel alleviates any 

potential threat to the public. 

Congress has already proclaimed that it is in the public's interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of the 

Reform Act. Granting Our, Aerial Image's, exemption request furthers the public 

interest through academic/visual awareness of the geographical benefits in and around 

the Tri state area. Our ultra lightweight UAS is battery powered and creates no 

emissions that can harm the environment. The consequence of my ultra light weight 

UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are 
heavy, contain combustible fuel and can cause catastrophic devastation to the public. 

The public's interest is furthered by minimizing ecological and crash threat by permitting 

aerial video/photo capture through our battery operated ultra lightweight UAS's. 

Permitting us, Aerial Image, to immediately fly within national air space furthers economic 

growth giving us the ability to employ spotters and assistants . Granting our exemption request 

substantially furthers the economic impact for the Tri state area for companies looking to 

relocate or build in the area as well as individuals looking to relocate for career advancement 

through 

academic and geographical awareness. All of which serve as a stimulus to the 

community. 

V. Reasons Why Aerial Image's Exemption Will Not Adversely Affect Safety 

Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rule: 

Our, Aerial Image, exemption will not adversely affect safety. Quite the contrary, 

for the reasons stated permitting us, Aerial Image, to log more flight time in FAA 

controlled airspace, with communication with the FAA, will allow us to contribute to the 

innovation and implementation of new and novel, as of yet undiscovered safety 

protocols for Realtors for development in cooperation with the FAA. In addition We, Aerial 

Image, submit the current enhancements to safe real estate flights: 

*Our UAS weighs less than 15 pounds complete with gimbal and high resolution 

Canon Mark Ill or 4K GoPro Cameras; 

*We only operate our UAS below 300 feet (well within the 400 foot permissible 

ceiling set by the FAA Modernization and Reform Act of 2012); 

*Our UAS only operate for 10-15 minutes per flight; 

*We land our UAS prior to manufacturer recommended minimum level of battery 

power; 

*We pilot our UAS through remote control only by line of sight; 

*Our UAS has GPS a flight safety feature whereby it hovers and then slowly lands 

if communication with the remote control pilot is lost; 

*We actively analyze flight data and other sources of information to constantly 

update and enhance safety protocols; 

*We only operate in reasonably safe environment that are strictly controlled, are 

away from power lines, elevated lights, airports and actively populated areas; 

*We conduct extensive pre-flight inspections and protocol, during which safety 

carries primary importance; 

*We always obtain all necessary permissions prior to operation; and, 

*We have procedures in place to abort flights in the event of safety breaches or 

potential danger. 
Our, Aerial Image's, safety protocols provide a level of safety equal to or exceeding 

existing rules. It is important to note that absent the integration of commercial UAS into 

our national airspace system, helicopters are the primary means of aerial video and 

photography for community awareness and real estate. While the safety record of such 

helicopters is remarkably astounding, there has been local incident involving loss of life 

as well as extensive property damage; it is far safer to operate a battery powered ultra 

lightweight UAS. 

First, the potential loss of life is diminished because UAS's carry no people on 

board and we only operate our UAS in specific areas away from mass populations. 

Second, there is no fuel on board a UAS and thus the potential for fire or 

explosions is greatly diminished. 

Third, the small size and extreme maneuverability of our UAS allows us to 

remotely pilot away from and avoid hazards quickly and safely. 

Lastly, given its small size and weight, even when close enough to capture 

amazing images, our UAS need not be so close to the objects they are focused 

on through the technology and use of post editing software allowing pan and 

zoom. 

Accordingly, our UAS has been experimentally operated for familiarization/competency 

and will continue to operate at and above current safety levels. 

VI. A Summary The FAA May Publish in the Federal Register: 

A 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements 

for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(1 ). The 

size, weight and enclosed operational area of our, Aerial Image's, UAS permits exemption from 

Part 21 because our UAS meets (and exceeds) 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 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. Our, Aerial Image's, current and projected UAS's meet 

or exceed each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 
FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on 

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined. 

The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827. 

14 C. F. R. § 91.121 regarding altimeter settings is inapplicable insofar as our UAS utilizes 

electronic global positioning systems with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent 

level of safety will be achieved by maintaining any such required certifications and registrations 

by us, Aerial Image .. 

B. 14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to 

certain specifications. Our UAS are, by definition, unmanned. They therefore do not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, 

two-inch lettering is difficult to place on such small aircraft with dimensions smaller that 

minimal lettering requirement. Regardless, We will mark our UAS in the largest possible 

lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 

§45.29 (f) so that we the pilot, or anyone assisting me as a spotter with the UAV will see 

the markings. The FAA has previously issued exemptions to this regulation through 

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

C. 14 C.F.R. § 61.133: Commercial Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. § 61.133 (a- i, ii), Commercial pilots are not limited to commercial 

operations. We, Aerial Image, can achieve an equivalent level of safety as achieved by 

current Regulations because our UAS does not carry any pilots or passengers. Further, 

our operators are required to hold our 30 hr in-house training, vision checks, and pass a 

stringent company certification to pilot UAVs. The risks attended to the operation of our UAS is 

far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et 

seq. Thus, allowing us, Aerial Image, to operate our UAS and meet or exceed current safety 

levels in relation to 14 C.F.R. §61.113 (a) & (b). 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 
.. 

helicopters to be operated at lower altitudes in certain conditions. Our UAS will never 

operate at an altitude greater than 300 AGL; safely below the standard of 400 AGL. 

We, Aerial Image, will however operate our UAS in safe areas away from public and 

traffic, providing a level of safety at least equivalent to or below those in relation to 

minimum safe altitudes. Given the size, weight, maneuverability and speed of our UAS, 

an equivalent or higher level of safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance lnspections.The 

above-cited Regulations require, amongst other things, aircraft owners and 

operators to "have [the] 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 .... " 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to our, Aeriallmage's,UAS. However, as a safety precaution we inspect our 

UAS before and after each flight as well as maintaining a maintenance log. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, 

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR§ 91.203(a)(1 ). The size, weight and enclosed 

operational area of our UAS permits exemption from Part 21 because our, Aerial Image's, UAS 

meets 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 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the 

FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the 

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

populations. Our UAS meets or exceeds each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 

14 C. F. R. § 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's, this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a manual. The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 95658, 10167. 

Aerial image operates a maintenance program that involves regular software updates and 

curative measures for any damaged hardware. Therefore, an equivalent level of safety will be 

achieved. 

In summary, Aerial Image seeks an exemption from the following Regulations: 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 
91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 

91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151 (a); 14 C.F.R. §§ 91.203(a) and (b); 14 

C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 

91.409 (a) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate our, 

Aerial Image's, small unmanned vehicle/lightweight unmanned aircraft vehicle in community 

awareness and real estate operations, and to develop economic platforms for real 

estate to enhance the experience of those seeking to relocate to the Tri state 

area. Currently, area awareness and real estate aerial videography/photography relies primarily 

on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. 

Granting our, Aerial Image's, request for exemption will reduce current risk levels and thereby 

enhance safety. Our UAS craft do not contain potentially explosive fuel, is smaller, lighter and 

more maneuverable than conventional real estate video and photographic aircraft with less flight 

time. Further, We operate at lower altitudes and in controlled airspace eliminating potential 

public risk flying to and from established airfields. We, Aerial Image have been informally 

analyzing flight information and will compile safety protocols and the implementation of a flight 

operations manual for real estate usage that exceeds currently accepted means and methods 

for safe flight. Formal collection of information shared with the FAA will enhance the FAA's 

internal efforts to establish protocols for complying with the FAA Modernization and Reform Act 

of 2012. There are no personnel on board our,Aerial Image's, UAS and therefore the likelihood 

of death or serious bodily injury is significantly diminished. our, Aerial Image's, operation of our 

UAS, weighing less 

than 15 pounds and travelling at lower speeds within limited areas will provide an 

equivalent level of safety as that achieved under current FARs. Accordingly We, 

Aerial Image, respectfully request that the FAA grant our exemption request and are willing 

to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the 

general public at large. 

Respectfully submitted, 

Aerial Image, LLC. 

Donald Berry 

501 B coal rd 

Berlin , NJ 08009