July 20, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Dear Sir/Madame, 

REF: SECTION 333 PETITION FOR EXEMPTION 

Petitioner: Robert D. Poole, Jr. on behalf of Aerial Visions Utah 

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Company: Aerial Visions Utah (to be formed as a single-member LLC upon receiving 

approval of the requested exemptions as listed herein. The name Aerial Visions 

Utah is currently reserved with the State's Dept of Commerce, Division of 

Corporations in the name of the Petitioner) 

Address: 8740 Leafwood Ln, Sandy, UT 84094-1813 

Contact: Cell (801) 808-4138; Email bepoole1@msn.com 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, and 14 CFR Part 11, 

Robert D. Poole, Jr., Petitioner, does hereby apply for an exemption from the Federal Aviation 

Regulations (FARs) listed herein to allow operation of Small Unmanned Aircraft System/s 

(sUAS's) commercially, for the purposes of aerial data collection, in airspace regulated by the 

Federal Aviation Administration (FAA), so long as such operations are conducted with and under 

the conditions outlined herein or as may be established by the FAA as required by Section 333: 

• Real estate video & photography 

• Aerial location scouting, inspections and mapping 

• Utility and industrial inspections 

• Landscape 

• Surveying 

• Agriculture 

• Legal and Insurance industries 

• Construction sites/projects 

• General photography 

• Search and Rescue 

• Special events 

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The requested exemption would permit the operation of sUAS's under controlled conditions in 

airspace that is (a) limited, (b) predetermined, and (c) controlled as to access. Petitioner states 

that all sUAS flights will occur over private or controlled access property and will do so with the 

property owner's or authorized representative's consent and knowledge, and that of people who 

have consented or otherwise have agreed to be in the area where aerial data collection will take 

place. 

Petitioner: Robert D. Poole, Jr., Petitioner, on behalf of Aerial Visions Utah, has been a resident 

of the State of Utah since 1997 and a licensed pilot since 1972. He is a licensed Realtor in Utah 

since 2008 and was previously licensed in Alaska and Oregon. He holds an Airline Transport 

Rating (FAA#251686908) with approximately 2,000 hours of accident and incident-free flight 

time. 

sUAV Equipment: Petitioner proposes to operate Small Unmanned Aerial System (sUAS) 

equipment comprised of DJI Phantom Vision+ and DJI Phantom 3 sUAS's. 

The sUAS's will be operated below 400 feet above ground level (AGL); always within visual line 

of sight (VLOS) and never at speeds greater than 87 knots ... and in no case will the sUAS's 

ever be operated at airspeeds greater than the maximum UAS airspeed recommendation by the 

aircraft manufacturer. All flight operations will remain within the approved flight envelope of the 

aircraft, per guidelines and requirements of the respective Operations Manuals. 

All flight operations will be conducted under the conditions and boundaries outlined herein or as 

established by the FAA pursuant to Section 333. The exemptions requested would permit Aerial 

Visions Utah to offer and contract commercial services to customers who are in need of aerial 

data capture from a sUAS. 

All flights operated by Aerial Visions Utah will be conducted with a "Safety First" approach to 

operations, and with strict adherence to the requirements of Section 333 and/or the granted 

exemptions. All flights will be conducted by a Pilot-in-Command (PIC) who holds a minimum of 

a current Recreational Pilot's License, a Sport Pilot's License or Private Pilot's License, and a 

current medical certificate or valid U.S. driver's license. Visual Observers (VO) will be trained to 

perform their duties, and their performance will be actively monitored and critiqued. Preflight 

inspections and briefings between the PIC and VO will occur before each flight. 

Petitioner is seeking relief and exemption from the following sections of 14 CFR; Reasons for 

seeking relief and exemption are also stated: 

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The specific section or sections of 14 CFR from which you seek an exemption; 

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

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft. 

Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 

45.27(a). 

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

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

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

14 C.F.R. § 91.103: Preflight Action. 

14 C.F.R. § 91.109(a): Flight Instruction. 

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

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

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

14 C.F.R. § 91.203 (a)&(b): Carrying Civil Aircraft Certification and Registration. 

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a)&(b): Maintenance 

Inspections. 

The extent of relief you seek and the reason you seek the relief; 

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

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. 

§91.203(a)(1). Given the size and limited operating area associated with the sUAS's to be 

utilized by the Petitioner, 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 sUAS. 

In all cases, an analysis of these criteria demonstrates that the sUAS 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 rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions of the proposed sUAS operations. 

• Equivalent Level of Safety 

The sUAS's to be operated weigh far less than 55 pounds, including gimbal, camera, etc., and 

they carry neither pilot nor passenger. These sUAS's have been selected by Aerial Visions Utah 

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for their proven safe and reliable flying capabilities, their ease of use and the advanced 

technology they employ. They are battery-operated; they carry no combustible fuel, flammable 

liquid or explosive materials; they create no emissions and they are capable of operating quite 

safely at the preferred slow speeds. 

These safety enhancements, which already apply to civil aircraft operated in connection with 

existing inspection operations, 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. 

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft. 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification 

under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27's airworthiness 

standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, 

Subpart H. 

Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) 

and 45.27(a). 

This petition seeks an exemption from the aircraft marking and identification requirements of 14 

C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides 

that: 

No person may operate a U.S. registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter. 

14 C.F.R. § 45.23(b ), Markings of the Aircraft, states: 

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. 

14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the 

cabin, fuselage, boom, or tail the marks required by §45.23. 

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Exemption from § 45.23(b) is warranted because the sUAS has no entrance to the cabin, no 

cockpit or pilot station on which the word "Experimental" can be placed. Moreover, given the 

size of the sUAS, two-inch lettering would be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with§ 45.29(f). 

Given the nature of the specific relief sought by this exemption request, Petitioner requests 

relief from the associated marking and identification requirements of§ 45.27(a) and § 91.9(c), 

which would require compliance with§ 45.23(b). 

• Equivalent Level of Safety 

An equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAS's 

marked on its fuselage as required by §45.29(f) where the pilot, observer, and others working 

with the sUAS will see the identification of the UAS as "Experimental." Additionally, Petitioner 

will ensure compliance with any requests of sUAS marking by the FAA. 

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

Command. 

This petition seeks an exemption from the private pilot privileges and limitations of§ 61.113 (a) 

& (b), which states: Private Pilot Privileges and Limitations: Pilot in Command. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

Private Pilot Certificate may act as Pilot-in-Command (PIC) of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 61.113(a) limits private pilots to being in command of non-commercial flights. Section 

61.113(b)(l) provides an exception that allows a private pilot to command an aircraft without 

passengers or property, in connection with business or employment if "the flight is only 

incidental to that business or employment." 

That exception likely does not apply to the proposed operations under this petition for 

exemption, as the flights are not incidental to the proposed aerial data collection, but rather 

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essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial 

limitation and/or § 61.113(b)(1)'s requirement that the flight be incidental to the business to 

benefit from the exception. 

• Equivalent Level of Safety 

Because the sUAS's will not carry a pilot or passengers, and the platform is inherently stable 

with sophisticated computer and GPS controls, the proposed operations can achieve the 

equivalent level of safety to§ 61.113 (a) and (b). 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no one on board. Moreover, the area of operation is controlled and restricted, 

and all flights are planned and coordinated in advance in accordance with the Manual, and 

flights are limited in duration and altitude. 

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

This petition seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), 

which states: 

(b) 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. 

Given its size, configuration, and load capacity, the sUAS has no ability to carry such a manual 

on the aircraft, not only because there is no pilot on board, but because there is simply no room 

or capacity to carry such an item on the aircraft. 

• Equivalent Level of Safety 

The safety-related purpose of this manual requirement can be equally satisfied by maintaining 

the sUAS flight manual at the ground control point where the pilot flying the sUAS will have 

immediate access to it. Accordingly, Petitioner requests an exemption from § 91.9(b)(2)'s flight 

manual requirements, on the condition that the sUAS's flight manualfs be available at the 

control point during each operation. 

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

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be 

in an airworthy condition to be operated. Inasmuch as there will be no airworthiness certificate 

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issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. 

• Equivalent Level of Safety 

Aerial Visions Utah's PIC, who will be flying the sUAS, has an Airline Transport Rating 

accompanied by an extensive accident and incident-free record gained in private and 

commercial aircraft over a 30+ year period. Given the size of the sUAS and the requirements 

contained in the Manual for maintenance and use of safety checklists prior to each flight, an 

equivalent level of safety will be provided. 

14 C.F.R. § 91.103: Preflight Action. 

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA approved 

Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be 

provided for the sUAS, an exemption is requested. 

• Equivalent Level of Safety 

An equivalent level of safety will be provided by following the Aircraft Operations Manual 

comprehensive preflight checklist. The PIC will take all actions, including reviewing weather, 

flight battery requirements, landing and takeoff distances, and aircraft performance data before 

initiation of flight, as well as fully reviewing and briefing all preflight operations and safety 

expectations with the VO. 

14 C.F.R. § 91.109{a): Flight Instruction. 

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 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." sUAS's are remotely piloted 

aircraft that, by their design, do not have fully functional dual controls. Instead, flight control is 

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

communications. 

• Equivalent Level of Safety 

Given the size and speed of the sUAS, an equivalent level of safe training can still be performed 

without dual controls because no pilot or passengers are aboard the sUAS, and all persons will 

be a safe distance away should the sUAS experience any difficulties during flight instruction. 

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

This petition seeks an exemption from the minimum safe altitude requirements of 

14 C.F.R. § 91.119. 

Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in 

non-congested areas. 

C.F.R. § 91.119(c), Section § 91.119(d)(1) allow for a helicopter to operate at less than those 

altitudes when it can be operated "without hazard to persons or property on the surface," 

provided that "each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA. 

To provide the intended inspections, the sUAS's operated by Aerial Systems Utah will normally 

need to be operated within a range of between 50 and 200 feet from the property being filmed 

or photographed. Accordingly, due to the nature of the proposed operations, the PIC may at 

times be less than 500 feet away from structures during the operation, and an exemption is 

therefore requested. 

• Equivalent Level of Safety 

Compared to flight operations with traditional rotorcraft weighting far more than the maximum 

55 lbs. proposed herein, and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft. An equivalent 

level of safety will be achieved given the size, weight, and 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 and/or local officials. Because of the advance notice to the property owner and 

participants, all affected individuals will be aware of the planned flight operations. Furthermore, 

by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are 

subject to the minimum safe altitude regulations. 

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

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is requested because 

the sUAS does not have a barometric altimeter, but rather a GPS altitude read out. 

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• Equivalent Level of Safety 

An equivalent level of safety will be achieved by following the procedures set forth in the 

Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch site 

shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude 

indicator to constantly monitor the sUAS height, thus ensuring operation at safe altitudes. 

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

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 states: 

(a) No person may begin 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 sUAS provides approximately 20 minutes of powered flight. An 

exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore requested. 

• Equivalent Level of Safety 

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 

sUAS to its planned landing zone from anywhere within its limited operating area. Operation of 

the sUAS with less than 30 minutes of reserve fuel does not envisage the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 

Moreover, operation will be limited to controlled areas where only people and property owners, 

or official representatives who have signed waivers will be allowed. 

14 C.F.R. § 91.203 {a) & {b): Carrying Civil Aircraft Certification and Registration. 

This petition seeks an exemption from civil aircraft certification and registration requirements of 

14 C.F.R. § 91.203 (a) and (b). 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 

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(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. 

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate 

requirements, an exemption to this regulation is practical and necessary because: (1) the 

sUAS's load capacity and size does not allow it to carry certification and registration documents; 

(2) the sUAS does not have a cabin or cockpit entrance at which the documents could be 

displayed; and (3) there are no passengers or crew for whom the certificates need be 

displayed. 

• Equivalent Level of Safety 

To the extent these regulations are applicable to the proposed sUAS operations, an equivalent 

level of safety will be achieved by keeping these documents at the ground control point where 

the pilot flying the sUAS will have immediate access to them. 

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance 

Inspections. 

This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 

91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a)&(b). These regulations specify maintenance 

and inspection standards in reference to 14C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) 

(stating that each owner or operator of an aircraft "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections . . . have 

discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these 

regulations is requested because Part 43 and these sections apply only to aircraft with an 

airworthiness certificate, which the sUAS's will not have. 

• Equivalent Level of Safety 

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

performed in accordance with the Manuals. As provided in the Manuals, 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. 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. 

If mechanical issues arise, the UAS can land immediately and, typically, will be operating from 

no higher than 200 feet AGL. Moreover, the sUAS's small size, carrying capacity, and the fact 

that flight operations will only take place in restricted areas for limited periods of time, create 

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less risk than the same factors associated with conventional fixed-wing aircraft and rotorcraft 

performing the same operation. 

How your request would benefit the public as a whole; 

Aerial data collection by sUAS's, as an available service to the public, allows for a lower cost and 

significantly safer method of operation than that of fixed-wing aircraft and traditional rotorcraft: 

these methods are expensive; they create substantial noise and they are much more 

threatening due to size, weight and the combustible fuel on board. 

The public's interest is also furthered by reducing human exposure to death or serious injury 

associated with manned aircraft performing aerial data collection. Lack of combustible fuel, no 

harmful emissions and the small size of the platform will also minimize ecological damage and 

promote economic growth by providing useful services to the company's clients. 

Aerial surveys are valuable tools for roof, utility-power generation, cell phone towers, bridge 

and tunnel inspections and other elements that comprise the national transportation and 

communication infrastructure. However, problems with availability, safety and cost often 

impede aerial surveys and inspections and other aerial data collection from conventional 

manned aircraft. 

The use of sUAS's addresses these problems: they are powerful tools for performing a widerange of aerial data collection applications such as those stated on Page 1 of this document. 

The public as a whole will benefit from the safer and more cost-effective utility aerial services 

that sUAS's operations provide. 

The Petitioner would also offer his services, upon request and with proper coordination, to any 

official search and rescue or emergency services organization in order to benefit the public. 

Petitioner is confident that the knowledge of the PIC, along with adherence to strict safety 

standards of itself, the FAA, and the physical safety properties of the sUAS's will allow for safe 

and efficient operations. 

Reasons why the exemption would not adversely affect safety or how the 

exemption would provide a level of safety at least equal to the existing rule; 

These reasons are previously stated in each respective part of this document for each specific 

exemption request. 

A summary we can publish in the Federal Register stating- The rules from which 

you seek the exemption; 

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Aerial Visions Utah seeks an exemption from the following rules: 

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 

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

A brief description of the exemption you seek; 

Aerial Visions Utah seeks an exemption from the following rules: 

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 

CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 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) for the purposes of conducting aerial data 

collection, including for purposes of search and rescue operations, photography, videography 

and inspections for commercial and residential real estate, landscape, farming and agricultural, 

legal, industrial, construction and insurance industries, 

If you want to exercise the privileges of your exemption outside the United States, 

you must state the reason. 

Aerial Visions Utah does not intend to operate the sUAS's outside of the United States. 

Aerial Visions Utah hereby respectfully requests exemption under Section 333 in order to 

pursue immediate commercial sUAS applications with the intent of providing our customers with 

a safe, high-quality aerial data collection platform on which to meet their needs. 

Thank you for your consideration. 

Respectfully submitted, 

~~~ Robert D. Poole, Jr. 

Petitioner 

On behalf of Aerial Visions Utah 

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