Aerial Perspective, LLC

Terry L. Clunk, President

1914 NE 2nd Terrace

Cape Coral, Florida 33909

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 

CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 

CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 

14 CFR Part 11, Aerial Perspective, LLC, operator of an Unmanned Aircraft System (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of its UAS, so 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.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would operate in the following manner:

Aerial photography and/or video for public and/or private use including real estate, architecture, 

land surveying, engineering and other related professional activities.

Aerial video and/or photography for public and/or private use including television, public events, 

cinematography and news gathering.

Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.

Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers.

Aerial video/photography or providing live video feed to assist with search and rescue operations 

in cases of an emergency or natural disaster only when the local authorities or government 

has requested it by contract or donation.

The ability to offer training to persons individually or belonging to both private and/or public 
organizations that have interests in the use and application of a UAS for the purpose of the 

safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well 

as for the protection of the persons and property.

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in the industry presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements 

for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Aerial Perspective, LLC

Attn: Terry L Clunk, President

Ph: 239-233-4673

Email: AerialPerspectiveLLC@gmail.com

Address: 1914 NE 2nd Terrace, Cape Coral, Florida 33909

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)
Aerial Perspective, LLC will operate the following aircraft:

• Yuneec Q500 Typhoon models

• DJI Phantom 3 Professional / Advanced

• DJI Inspire 1

Aerial Perspective, LLC will operate the Yuneec Electric Aviation Model Q500 Typhoon UAS, with 

a total weight of 1700g or 4.75 lbs. The dimensions are 420mm x 420mm x 240mm or 16.54 inches 

x q6.54 inches x 9.45 inches. Under still air the maximum speed is no more than 6.7 m/s or 15 mph 

with a cruising speed of 6.7 m/s or 15 mph. The Yuneec Q500 Typhoon has the ability to hover and 

move along a vertical and horizontal plane simultaneously. The Yuneec Q500 Typhoon has four 

motors, motor model YUNM4234 KV700, powered by a 5400 mAh 3s 11.1v Lithium Polymer 

battery. There are four counter rotating propellers, propeller models YUNQ500115A and 

YUNQ50011B, in use. The Yuneec Q500 Typhoon will be controlled with a Yuneec model ST10, 10 

channel remote controller with an operating frequency of 2.400GHz – 2.483GHz. The live video 

feed will have an operating frequency of 5.728GHz – 5.850GHz.

Aerial Perspective, LLC will also operate the DJI Phantom 3 Professional and Advanced UAS with 

a total weight of 1280g or 2.82 lbs. The diagonal dimensions are 590mm x 590mm. Under still air, 

the DJI Phantom 3 Professional and Advanced has a maximum speed of no more than 16 m/s or 

35.78 mph. The DJI Phantom 3 Professional and Advanced has the ability to hover and move along a 

vertical and horizontal plane simultaneously. The DJI Phantom 3 Professional and Advanced has 

four motors, powered by a 4480 mAh, 15.2v Lithium Polymer battery. The DJI Phantom 3 

Professional and Advanced will be controlled with one or two DJI transmitters with an operating 

frequency of 2.4GHz – 2.483GHz. The live video feed with have an operating frequency of 5.78 

GHz – 5.85GHz.

Aerial Perspective, LLC will also operate the DJI Inspire 1 UAS with a total weight of 2935g or 

6.47 lbs. The dimensions are 438mm x 451mm x 301mm or 17.24 inches x 17.75 inches x 11.85 

inches. Under still air, the DJI Inspire 1 has a maximum speed of no more than 22 m/s or 49.21 mph. 

The DJI Inspire 1 has the ability to hover and move along a vertical and horizontal plane 

simultaneously. The DJI Inspire 1 has four motors, model number DJI 3510, powered by a 4500 

mAh, 6s, 22.2v Lithium Polymer battery. There are four propellers, model DJI 1345 in use. The DJI 

Inspire 1 will be controlled with one or two DJI transmitters with a operating frequency of 2.4GHz – 

2.483GHz. The live video feed with have an operating frequency of 5.78 GHz – 5.85GHz.

The applicant will operate the UAS in line of sight within a closed off and predetermined area owned 

and/operated by the property representative.

Given the small size of the UAS and the controlled environment provided the proposed operations 

will adhere to the Reform Act’s safety requirements. The approval of this application presents no 
national security issues. Regarding the level of safety surrounding the proposed operations and the 

public benefit, reduction in environmental impacts, including but not limited to reduced emissions 

and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant 

requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed below are for an equivalent or higher level of safety because of 

these limitations of our operations, will further enhance the safety of the persons and/or property and 

those flying conventional manned aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption include:

The UAS will weigh less than 55 lbs.

The UAS will have a maximum operating speed of no more than 50mph.

A Visual Observer (VO) may be utilized when the Pilot in Command (PIC) deems necessary to 

assist with the safe operation of the flight.

Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual 

Observer (VO).

Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 

30 minutes of flight time, or 25% battery power reserve, whichever occurs first.

Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned.

Minimum crew for each operation will consist of the UAS Pilot, and may include a Visual 

Observer (VO).

The UAS pilot will be a designated Pilot in Command (PIC) and at least hold a satisfactory Sport 

Pilot’s written exam along with a meeting and complying with the medical requirements for a 

Sport Pilot’s Certificate. If the PIC feels another operator to be qualified with the necessary 

skills to be PIC & possess the satisfactory Sport Pilot written exam, able to meet and comply 

with medical requirements of the Sport Pilot Certificate, that person may be designated PIC 

provided they have a minimum of 20 hours of flight time with the UAS.

A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities.

All flights will occur under Day Visual Meteorological Conditions (DVMC) only.

The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference 
Point (ARP) of a tower controlled or uncontrolled airport.

If operations will be within a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted 

advising them of the estimated flight time, flight duration, elevation of flight and other 

pertinent information. If requested by the airport manager or ATC facility, a Flight Service 

Station will be contacted for appropriate filing of a Notice to Airmen (NOTAM) of authorized 

UAS activities, location in relation to the closest published VHF Omnidirectional Range 

(VOR), radial, distance, and altitude block of the UAS activity.

The operator will attempt to obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 50 feet of 

the flight operation, and the radius may be reduced to 20 feet based upon an equivalent level 

of safety determination, with the exception of one person standing next to the PIC for 

observation of photo/video performance, so long as the flight is not conducted over the PIC. 

With the advanced permission of the FSDO, operations at closer range of additional persons 

may be approved.

The PIC and VO will have been trained in operation of UAS and receive up-to-date information 

for the particular UAS to be operated.

The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

Written and/or verbal permission and permits will be obtained from territorial, state, county or 

city jurisdictions, including law enforcement, fire or other appropriate governmental 

agencies.

If the UAS loses communications with the remote controller, the UAS will have the capability to 

return to a pre-determined location within a designated location and land autonomously.

The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the 

UAS operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions 
proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured and designated area. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator and under the requirements and in compliance 

with local public safety requirements. These safety enhancements provide a greater degree of safety 

to the public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due to its size, 

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” 

can be placed. Given the size of the UAS, two-inch lettering will be impossible. The word 

“Experimental” will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required 

by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of 

the UAS as “Experimental.” 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a 

pilot in command of an aircraft that is carrying passengers or property for compensation or hire. 

Aerial Perspective, LLC may achieve an equivalent level of safety as achieved by current 

Regulations because the applicant’s UAS do not carry any pilots or passengers nor property. The 

risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. The PIC of the UAS will have a Private Pilot Written Exam 

completed satisfactorily along with a current Third Class or higher Medical exceeding the current 

safety levels in relation to 14 CFR 61.113 (a) & (b). I feel the operation and limitations set forth in 

the FOM will equate to the safe operation of the UAS.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 
As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, 

no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety check lists prior to each flight an equivalent level of safety will be 

provided. 

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which 

an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. The UAS, given its size and 

configuration has no ability or place to carry such a flight manual on the aircraft, not only because 

there is no pilot on board, but because there is no room or capacity to carry such an item on the 

aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under 

Normal Procedures including but not limited to reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS 

and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control 

is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft 

and by the size and speed of the aircraft. 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will 

never operate at higher than 400 AGL with the exception that in circumstances where the UAS is 

used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however be operated in a 
restricted area with security perimeter, where buildings and people will not be exposed to operations 

without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as 

the location where it is operated. No flight will be taken without the permission of the property 

owner or local officials. Because of the advance notice to the property owner and participants in the 

filming activity, all affected individuals will be aware of the planned flight operations. Compared to 

flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed 

herein and the lack of flammable fuel, any risk associated with these operations is far less than those 

presently presented with conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

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

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly 

after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or 

twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. Operating the UAS, in a tightly controlled area where only people and property owners 

or official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate 

given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would 

greatly reduce the utility for which the exemption will be granted. Applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its limited operating area. 
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

 These regulations require that an aircraft operator or owner “shall have that 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...,” 

and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant 

to the flight manual and operating handbook. An equivalent level of safety will be achieved because 

the UAS is very limited in size and will carry a small payload and operate only in restricted areas for 

a limited period of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

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

performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the 

operator will ensure that the UAS is in working order prior to initiating flight and perform required 

maintenance needed.
Public Interest

The exemption request will permit Aerial Perspective, LLC to operate sUASs commercially 

for the purpose of aerial filming and photographing inspections of infrastructure, aerial 

acquisition (mapping), real estate, and other applicable areas. Aerial Perspective, LLC will 

provide a service that is beneficial to an industry that is already using, and seeking to use, sUASs 

for these purposes with a legal and safe option. This will benefit the public with the controlled 

operation of sUASs and increase integration into the National Airspace System (NAS). Aerial

Perspective, LLC sUASs are battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use 

of a sUAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety of life and property in the air and on the ground. 

Conducting aerial acquisitions with Aerial Perspective, LLC sUASs, instead of manned 

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial survey flight operations. Previously high resolution digital 

aerial real estate photography was only affordable to a few select agencies with deep pockets. 

Aerial Perspective, LLC would like to help change this by employing our sUASs and make 

aerial photography affordable to everyone. High quality aerial imagery and data can provide new 

and enhanced information about a location being surveyed, inspected, or otherwise measured

Additional Information

The applicant and primary pilot, Terry L. Clunk, has an in-depth understanding of the capabilities 

and safety concerns involved in using this technology as an asset to the community. In addition, 

Terry L. Clunk, holds an Airline Transport Pilot Certificate for Multi-Engine Land Airplanes, as 

well as holds a first class medical. Satisfaction of criteria provided in Section 333 of the Reform Act 

of 2012 provide more than adequate justification for the grant of the requested exemptions allowing 

the commercial operation of the applicant’s UAS.

Sincerely,

Terry L. Clunk , President

Aerial Perspective, LLC