James Hall DBA Aerial Advantage

Dear Sir or Madam, 

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

(the“Reform Act”) and 14 C.F.R. Part 11, operators at James Hall DBA Aerial 

Advantage

seek an exemption from Federal Aviation Regulations detailed herein for the 

operation of lightweight aerial imaging equipment, also referred to throughout as 

Unmanned Aerial Systems (UAS), as well as their ground based operation 

equipment described within. 

Our Aircraft: 

Our operation will include a single UAS, manufacturer DJI, referred to hereinafter 

as the Phantom 3 Professional. (UAS manuals attached). The Phantom 3 

Professional has the following flight and safety relatable features: 

• Phantom 3 is a UAS Quadcopter made by DJI that has a fixed gimbal and camera 

attached to the bottom. Phantom 3 has a maximum weight of 1280 grams including 

propellers and battery, and a maximum range of 2000m outdoors and unobstructed.

• Phantom 3 has built in telemetry to allow the operator to see all onboard 

information relating to the safety of flight including but not limited to battery 

percentage remaining, overall health of the operating system, built-in GPS for 

position hold and automatic return-to-home, and multiple fail-safes for maximum 

safety. 

• The onboard camera allows the operator to record High Definition video, as well 

as take camera stills. The video is transmitted real-time to the control and operator 

allowing the operator to see images to all sides of the UAS utilizing an Apple iPad 

Mini 2.

• Phantom 3 Pro is limited to a maximum assent rate of 5 m/s and has a maximum 

decent rate of 3 m/s. It also has a limitation of maximum speed of 16 m/s.

• Phantom 3 Pro will be operated with a 6000maH LiPo 25 lithium polymer battery 

allowing for flight times not to exceed 23 minutes. 

Our Ground Based Guidance and Control System: 

• Phantom 3 Pro is controlled using a DJI transmitter, operating on a 2.4GHz 

frequency to a maximum range of 2000 meters. These specifications fall within 

FCC guidelines for operators. Powered by a lithium polymer battery it has an 

approximate 40 minute charge time. 
• The Phantom 3 pro transmitter has a built in GPS allowing the UAS to always 

know where to return to in the event of a failure. 

• The Phantom 3 Pro transmitter will be controlled by a single operator, but will 

utilize a Visual Observer when necessary. 

Our Operator: 

• Aerial Advantage will use a single operator for each flight, and when 

able/necessary use a Visual Observer to assist in keeping sight of the Phantom 3 

Pro at all times. At no time will the UAS be flown outside of visual line-of-sight

and Visual range.

Our Business intent: 

Aerial Advantage will be utilizing the UAS for multiple projects. These include: 

Tower Inspections:

Inspecting microwave towers (including cellular telephone towers) traditionally 

requires a human inspection. Utilizing a UAS to inspect these towers greatly 

improves safety and will prevent deaths of tower Inspectors. We have a significant 

amount of interest in doing business in Massachusetts to conduct such inspections. 

• Bridge Inspections 

Similar to inspecting towers with the use of UAS, the required inspections of local 

bridges and overpasses will see a significant amount of increased safety. 
• Insurance Inspections of Home and Property: Aerial Advantage is very interested 

in working with Insurance companies and adjusters to utilize the UAS to conduct 

inspections of property and structures. By utilizing the Phantom 3 Pro to conduct 

inspections of rooftops, farm fields, and other property, the insurance company 

stands to save a significant amount of time inspecting such property after storms. 

Also, utilizing the UAS will increase safety by preventing adjusters from having to 

climb tall ladders and roofs to make such inspections. 

• Factory Inspections (both internal and external) 

Similar to tower and bridge inspections, we plan to use the Phantom 3 to conduct 

inspections within and outside of manufacturing facilities. These dangerous and 

costly inspections will be made safer and less expensive with use of our UAS. 

• Commercial Advertising Video and Photography 

Aerial Advantage has a significant amount of interest in taking video and photos 

for advertising in our local area. Utilizing the UAS will offer a significant 

improvement to the agency with regards to both safety and cost. Using a small

UAS compared to a gas turbine helicopter or aircraft will offer a considerable 

safety margin as well as cost savings advantage. 

• Real Estate Photography and Videography 

Real Estate photography will see a significant impact with our services, allowing 

real estate agents a much more competitive product at a much lower price. Safety 

will also be increased as well as productivity by utilizing out services.

• Yacht Sales Photography and Videography 

Aerial Advantage has seen a significant interest in utilizing out UAS to capture 

video and photos for Yacht, Boat and water vessel photography on Cape Cod. We 

will utilize the UAS to increase scope of sales to the yacht brokers. We can offer 

again a more cost competitive product and a much more safe development method 

over the current use of airplanes and gas/turbine helicopters. 

• Police/Fire/Search and Rescue 

Aerial Advantage intends to offer our services on a voluntary and pro bono basis 

for multiple local services including but not limited to Police services, fire fighting 

services, and search and rescue. These services will increase safety associated with 

law enforcement and search and rescue. The services will be offered free of charge 

to the community. 
Our Safety and Operating Plan: 

Utilizing our UAS in a safe manner is of upmost importance. Safety will be the 

guiding principle of our operation, both with respect to the National Airspace 

System, as well as those on the ground. including persons and property. 

Our Safety plan will start with complying with all Federal Aviation Regulations, as 

well as conducting audits of safety procedures set forth within Aerial Advantage to 

keep up to date with the safest practices. 

Our initial safety philosophy will be based on the premise of “Be Safe Before 

Takeoff”. We will complete preflight checklists set forth by DJI, the UAS 

manufacturer, as well as do thorough post-flight inspections.
We will also complete post-flight checklist and debriefs to constantly monitor our 

procedures and identify any changes that can be made, similar to those set forth on 

airline flight decks. 

Maintenance and repair of our UAS will be conducted solely by the manufacturer, 

DJI, by its employees or designated technicians. With respect to safety, Aerial 

Advantage believes the manufacturer holds higher maintenance abilities. 

Aerial Advantage will comply with the following at all times when conducting 

commercial operations: 

1. All operations will remain outside Class A,B,C,D airspace. 

2. Our operating system are pre programmed to avoid airports such not to 

accidentally fly too close to one. The onboard system will not allow the Phantom 3 

Pro to fly into such airspace. This is an automatic safety feature within the 

Phantom 3 Pro.

3. Operations conducted by Aerial Advantage will always remain within visual 

line-of-sight of the UAS. Never to exceed the limitations of our operator’s eye 

sight. We will limit the maximum range of the UAS to not exceed a single person’s

visual eye-sight range. Utilizing the software within the UAS will help to maintain 

this limit, not to exceed 300m. (.186 miles) 

4. Our UAS will never carry an implement not approved by the manufacturer and 

will never exceed a weight of 55 lb. as stated within this exemption. 

5. All operations conducted by Aerial Advantage will be at an altitude of less than 

400ft AGL, while the majority of our operations will be at an altitude less than 

200ft AGL. The Phantom 3 Pro has an automatic altitude limit built in and will be 

set and checked by our operator prior to every flight operation as part of the preflight inspection.

6. Aerial Advantage will not conduct operations with a speed in excess of 27 knots. 

The Phantom 3 Pro UAS has an automatic speed limiter that will be set and 

checked prior to every flight by the operator as part of the pre-flight inspection 

checklist. 

7. All operations will be conducted in Day VFR conditions. Minimum flight 

visibility for all operation will be 5 miles. Minimum cloud ceilings will be 2000ft 

OVC (overcast) or BKN (broken). 

8. Aerial Advantage will work with local officials to make sure any required local 

documents or permits are attained prior to each flight. 
9. Prior to each flight our operator will conduct a safety audit of the area to be 

flown. An assessment will be made with regards to persons, property, and weather. 

This assessment will allow our operator to determine whether a safe operation and 

outcome will be expected.
The current regulations that we seek exemption from are: 

A. 14 CFR Part 21 (h) Airworthiness Certification 

• Under this part we seek exemption to apply for and maintain airworthiness 

certification for our UAS. Model and serial number of our UAS will be provided 

within. 

B. 14 CFR Part 91 Subpart A: Airworthiness 91.7 (a) Civil Aircraft Airworthiness 

• Under this part, “no person may operate a civil aircraft unless it is in airworthy 

condition.” 

• We seek exemption from this part, as we will keep our UAS in a safe, reliable, 

and airworthy condition, it may not meet all standards as set for by this part of the 

FAR’s. Our operator will assume all responsibility for determining that the UAS is 

in a condition safe for flight, as well as a condition that will not harm other people 

or property. This will be accomplished using specific guidelines from the 

manufacture, DJI, as well as following any guidance set forth regarding routine 

maintenance. 

C. 14 CFR Part 91 Subpart C: 91.203: Certifications Required 

• Under this part, (a) no person may operate an aircraft unless it has within it the 

following; An appropriate and current airworthiness certificate. This part also 

includes regulations regarding the use of fuel tanks, which do not apply.

• We seek exemption from this part as an airworthiness certificate does not apply 

to our specific UAS. 

D. 14 CFR Part 91 Subpart B; 91.119 Minimum Safe Altitude 

• Under this part, (a) no person may operate an aircraft below an altitude allowing, 

if power fails, an emergency landing without undue hazard. (c) over other than 

congested areas an altitude below 500ft AGL. 

• We seek exemption from this part due to the nature of the operation, as well as 

the safety procedures set forth will have little to no risk of damaging any person or 

structure. 

E. 14 CFR Part 91 Subpart B; 91.121 (a)(1) Altimeter Setting 

• This section pertains to setting an altimeter setting below 18000ft to a reported 

altimeter reporting station setting. 

• We seek expedition from this part as our UAS has no way of setting an alternate 

altimeter setting. With a built-in barometer, the Phantom 3 Pro uses real-time data 

to determine altitude each flight. Operating less than 400ft AGL, we feel our UAS 

will have little to no impact on other participating aircraft. Also, with flights not to 

exceed 23 minutes (22 minute battery, and landing at 30% battery remaining) our 

UAS will not need to recalibrate its altimeter while in flight. 

F. 14 CFR Part 91 Subpart B; 91.151 Fuel Required for VFR flight 
• This section contains requirements for fuel in VFR flight for combustion engines. 

• We seek exemption from this part as our UAS operates off of battery power only. 

We feel our operations will not compromise safety to either the operator or 

property as we have set forth a procedure to land our UAS when the battery level 

reaches 30%, or approximately 6 minutes flight time remaining. The Phantom 3 

Pro has built in battery telemetry that feeds information real time to the operator 

and an alarm notifies the operator of minimum battery level remaining. (See 

attached manual for more information) 

G. 14 CFR Part 91 Subpart E; 91.405 Maintenance Required 

• This section contains requirements for the operator to maintain and have 

inspected the aircraft in accordance with Part 43 of the CFR. Under this section it 

is required to keep maintenance logbooks with the aircraft. It also requires the 

aircraft to contain placards of the inoperative equipment. 

• We seek exemption from this part as our UAS will not be operating with 

inoperative equipment and is too small to carry logbooks. We also seek exemption 

due to no certified maintenance technicians will work on the UAS. Under this 

exemption Aerial Advantage will be completing pre-flight and post-flight 

inspections, and any required maintenance or repairs will be completed by the 

manufacturer, DJI, or one of its certified technicians. 

H. 14 CFR Part 91 Subpart E; 91.407 Operation After Maintenance 

• This part requires an aircraft that has undergone repair, rebuilding, alterations, or 

general maintenance to be approved by an authorized person required by CFR 43.9 

and CFR 43.11. 

• We seek exemption from this part as these inspections do not pertain to our 

operation of the UAS. The operator will be responsible for determining the 

airworthiness of the UAS prior to each flight. After maintenance provided by the 

manufacturer, the operator will complete test flights before any operation in the 

vicinity of persons or property to assure all systems are functioning normally. 

I. 14 CFR Part 91 Subpart E; 91.409 Inspections 

• This section provides details of the required inspection on an aircraft. No person 

will operate an aircraft unless in the preceding 12 months has has (1) an annual 

inspection (2) an issuance of an airworthiness certificate.

• We seek exemption from this part as the inspection and airworthiness certificate 

to not apply to our UAS. Our operator will be responsible for the inspection and 

airworthiness determination prior to each flight and will have the UAS repaired by 

the manufacturer or one of its certified technicians, if the UAS is found to be in a 

state other than intended but the manufacturer. 

J. 14 CFR Part 91 Subpart E; 91.417 Maintenance Records 
• This section requires the owner/operator to complete and retain a list of all 

records pertaining to the work preformed, the date of completion, the signature of

the inspector, and all work performed on the aircraft.

• We seek exemption from this part as the inspections and technician work will not 

apply. Our operator will be responsible for determining the airworthiness of the 

UAS prior to each flight and will not operate the UAS in any condition other than 

intended by the manufacturer. The operator will keep records of all work 

completed by the maintenance facility. 

K. 14 CFR Part 91 Subpart B; 91.103 Preflight Action 

• This section requires each pilot prior to flight will become familiar will all 

available information pertaining to that flight including runway lengths, flight 

information, weather, etc. For any flight, runway lengths at airports of intended 

use, and the following takeoff and landing distance information include; all 

applicable information relating to aircraft performance, airport elevation, runway 

slope, aircraft gross weight, wind and temperature. 

• We seek exemption from this part as our operator, while utilizing all available 

information for the safe operation of the UAS, will not have the above information 

available for most flights. The operator will use good judgment and all resources 

available to ascertain the information necessary for the safe operation of the UAS. 

A preflight inspection will be accomplished according to the manufactures 

instructions prior to each flight. 

L. 14 CFR Part 91 Subpart B; 91.105 Flight Crew members Stations 

• This section pertains to the required crew members being at their stations during 

all phases of flight, and requires the use of seat belts and shoulder harnesses. 

• We seek exemption from this section as it pertains to aircraft with flight crew 

member stations. Our UAS does not have such stations. 

M. 14 CFR Part 91 Subpart B; 91.9 Placement of Manual 

• This part states no aircraft may operate without a manual onboard the aircraft. 

• Our UAS is not large enough to carry such operating manual. We will however 

carry a current manufacturer manual in the UAS carrying case along with the 

operator on all flights. 

N. 14 CFR Part 45.23 

• Under this part, it is required that each operator must display on that aircraft 

marks consisting of the Roman capital N followed by the registration number of 

the aircraft. 

• Our UAS is too small to attach the “N” number. We seek exemption from this 

part as we will be attaching the registration or serial number as required on the 

UAS.
Aerial Advantage and its owners are committed to a “Safety First” atmosphere. We 

are committed to conducting our operation in accordance with all Federal Aviation 

Regulations and maintaining a safety margin of at least those regulations while 

striving to exceed expectations set forth by the FAA. We are confident we can 

approach our operations with safety while adding a significant advantage to our 

community both through private and civil services. 

Aerial Advantage is prepared to respond to any concerns and look forward to 

working with you on this important exemption. Please contact us with any other 

questions or concerns. 

Sincerely yours, 

James Hall

Aerial Advantage