September 24, 2015

Exemption No. 12976

Regulatory Docket No. FAA−2015−2790

Mr. Donald Berry

Aerial Image, LLC

501B Coal Road

Berlin, NJ 08009

Dear Mr. Berry:

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

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

including the date it ends.

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

behalf of Aerial Image, LLC (hereinafter petitioner or operator) for an exemption. The 

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

videography/cinematography.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Spreading Wings, DJI F450, and DJI 

Phantom 2.
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

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

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

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

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

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

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

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

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

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

by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, Aerial Image, LLC is granted an exemption from 

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

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

 

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

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

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

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

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

Conditions and Limitations

In this grant of exemption, Aerial Image, LLC is hereafter referred to as the operator.

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

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Spreading 

Wings, DJI F450, and DJI Phantom 2 when weighing less than 55 pounds including 

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

petition to amend this exemption.

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

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

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

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

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

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

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

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

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

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

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

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

required of the VO.

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

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

exemption, are hereinafter referred to as the operating documents. The operating 
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documents must be accessible during UAS operations and made available to the 

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

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

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

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

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

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

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

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

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

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

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

updates or revisions to the operating documents.

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

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

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

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

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

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

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

in a condition for safe operation.

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

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

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

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

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

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

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

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

aircraft components.

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

safety bulletins.

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

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

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

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
5

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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

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

operated under this exemption, including evasive and emergency maneuvers and 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

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

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

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

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

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

power recommended by the manufacturer if greater.

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

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

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

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

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

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

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

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

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

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

official upon request.

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

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

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

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

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

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
7

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

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

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

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

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

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

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

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

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
8

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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