August 24, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Dear Sir or Madam:

Attached please find Aerial Aviator & Aviation Associates, LLC. 

(“Quad-A”), request for an exemption from the listed Federal Aviation

Regulations to allow commercial operation of its Small Unmanned Aircraft

Systems ("sUASs") for aerial photography, videography, home and construction 

inspection, aerial surveying, and public service assistance. This exemption request is

for the use of the UAS systems manufactured by DJI, 3DR, and Parrot.

Also attached to this letter are the DJI Inspire 1, DJI Phantom 3 (Professional and 

Advanced), 3DR Solo and Parrot Bebop User Manuals (hereinafter “Manual”), which

outlines the operating requirements, limitations, and technical specifications for the

D J I I n spire 1, DJI Phantom3, 3DR Solo and Parrot Bebop

system. Quad-A has reviewed these Manuals and has found them to be acceptable

for company sUAS operations.

Thank you for your time and consideration, and please let me know if you have any 

questions.

Very truly yours,

Alton Wayne Carroll
Quad-A – Section 333 Exemption Petition

1

August 24, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

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

Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) &

(b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 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:

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

Reform Act) and 14 C.F.R. Part 11, Aerial Aviator & Aviation Associates; LLC.

(“Quad-A”), hereby applies for an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems

(''sUASs") for aerial photography, videography, home and construction inspection, aerial 

surveying, and public service assistance, 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. 

As detailed in this document and the attached Manual, the requested exemption 

would permit the operation of sUAS under controlled conditions in airspace that is 1) 

limited 2) predetermined 3) controlled as to access. 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." Section 333(c) of the Reform Act.

The name and address of the applicant is: 

Alton Wayne Carroll

Aerial Aviator & Aviation Associates, LLC.

219 Keeland Drive

Gray, TN 37615

Email-aerialaviator@gmail.com

Phone- 423.767.0004
Quad-A – Section 333 Exemption Petition

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Regulations from which the exemption is requested:

14 C.F.R. Part 21

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

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) & (b)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

I.STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. 

This statutory authority includes exempting civil aircraft, as the term is defined under

§40101 of the Act, including sUASs, from the requirement that all civil aircraft must 

have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this 

title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) 

See also 49 USC §4471 l(a); 49 USC §44704; 14 CFR §91.203(a)(l).

Section 333(b) of the Reform Act assists the Secretary in determining whether 

sUASs may operate in the National Airspace System (NAS) without creating a hazard to 

the user, the public, or a threat to national security. In making this determination, the 

Secretary must consider:

• The sUAS's size, weight, speed, and operational capability;

• Whether the sUAS operates within the visual line of sight of the operator

• Whether the sUAS operates outside of highly populated areas and away from 

close proximity to airports

Reform Act §333(a). If the Secretary determines that a sUAS "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 2 operation 

of such aircraft in the national airspace system." Id. §333(c).

Quad-A sUASs are multirotor vehicles, weighting 55 or fewer lbs. including 

payload. They operate under normal conditions at a speed of no more than 87 knots 

and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. The sUASs will operate only in the pilot's visual line of sight at all 

times and will operate only within a controlled area, free of manned aircraft. Such 

operations will insure that the sUASs will "not create a hazard to users of the national 

airspace system or the public." Reform Act Section 333 (b).

Given the small size of the sUASs involved and the restricted and controlled 

environment within which they will operate, our application falls squarely within the zone 
Quad-A – Section 333 Exemption Petition

3

of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, 

by exemption, allow commercial operations of sUASs to commence immediately.

Also due to the small size of the UASs and the low altitudes and controled areas in which 

our sUASs will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safetysurrounding the 

proposed operations, and the significant public benefit, including enhanced safety, the 

grant of the requested exemptions is in the public interest.

Accordingly, Quad-A respectfully requests that the FAA grant the requested exemption 

without delay.

II. PUBLIC INTEREST

The enhanced safety achieved by replacing significantly larger manned aircraft carrying

crew and flammable fuel with small sUAS aircraft not carrying passengers or crew and 

operated under the specific guidelines and procedures proposed by Petitioner give the 

FAA good cause to find that the sUAS operations enabled by the instant Petition are in the 

public interest. Moreover, as the FAA has already recognized, “UAS provides an 

additional tool for the filmmaking industry, adding a greater degree of flexibility, which 

supplements the current capabilities offered by manned aircraft.” See Exemption No,

11062, Regulatory Docket No. FAA-2014-0352, at p. 22.

III. EQUIVALENTLEVEL OF SAFETY

Quad-A proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide 

for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

already safe protocols followed on aerial photography and videography operations conducted 

with helicopters and other conventional aircraft.

1

"Commonly Used Statistics", Occupational Safety & Health Administration. Available at:

https://www.osha.gov/oshstats/commonstats.html
Quad-A – Section 333 Exemption Petition

4

Quad-A will be bound by the following limitations when conducting its sUAS operations 

under an FAA issued exemption:

1. The sUAS will be less than 55 pounds.

2. Flights will be operated within visual line of sight of a FAA certified pilot.

3. Maximum total flight time for each operational flight will be 30 minutes or less.

The UAS calculates battery reserve in real time, and will return to its ground

station with at least 15% battery power reserve should that occur prior to the 30

minute limit.

4. Flights will be operated at an altitude up to 400 feet AGL.

5. Crew for each operation will consist of the sUAS pilot who will keep the sUAS within 

his visual line of sight at all times and an observer who will keep watch for conflicting 

manned aircraft in the operating airspace. Verbal communication will be maintained by 

both crew members at all times.

6. The sUAS pilot will be trained in flight, operations, and safety procedures as detailed 

in the aircraft Manual.

7. The sUAS will only operate away from heavily populated areas and not in the

immediate vicinity of airports.

8. A briefing will be conducted in regard to the planned sUAS operations prior to 

each day's photography activities.

9. The proposed flight area will be inspected and cleared of persons prior to the 

commencement of sUAS operations.

10. Written and/or oral consent and/or notification will be given to the relevant property 

owners or applicable persons.

11. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies.

12. If the sUAS loses communications or loses its GPS signal, it will have capability to return 

to a pre-determined landing point.

13. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

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

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 Drone

Guys, 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 considerationof the size, weight, speed, operational capability, and

proximity to airports and populated areas of the particular UAS. Our small UAS

will be operated at low speed in a controlled environment. Petitioner will ensure 

that no persons are allowed within 500 feet of the operating area except 

those consenting to be involved andnecessary for the filming production, 
Quad-A – Section 333 Exemption Petition

5

with the possibility of reducingthis distance to no less than 200 feet if 

it would not adversely affectsafety and the Administrator has approved it.

Petitioner will not conduct UAS operations within 5 nautical miles of the 

geographic center of a non-towered airport unless the airport’s management is 

given prior notice and the operation is conducted in accordance with a Notice 

to Airmen (“NOTAM”), where applicable.

Petitioner’s UAS will remain clear and yield the right of way to all manned 

operations and activities at all times (including, but not limited to, ultra light 

vehicles, parachute activities, parasailing activities, and hang gliders.)

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 helicopter) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The sUAS 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. 

Like other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by the operator, and under the requirements and in compliance 

with local public safety requirements.

These safety enhancements, which already apply to civil aircraft, 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 ability to carry an 

external load no greater than two lbs.

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

This regulation requires certain experimental, provisionally certificated aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high 

"limited," "restricted," "light-sport," "experimental," or "provisional," near each entrance 

to a cabin, cockpit, or pilot station.

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 sUAS, 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 sUAS 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." The FAA has issued the 

following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 

and10167A.
Quad-A – Section 333 Exemption Petition

6

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the pilot operating the aircraft to 

have reviewed the operation manual for the specific aircraft a nd demonstrate

necessary flight skills. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing or cargo on board. The 

area of operation is controlled and restricted, and all flights are planned and coordinated 

in advance. The risks associated with the operation of the sUAS are so diminished from 

the level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested, exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b).

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 and the requirements contained in the User 

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

equivalent level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

The sUAS, 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 sUAS will have immediate access to it. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Preflight Action

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

the safety of flight. An exemption is needed from this requirement as the pilot will take

separate preflight actions, including checking for weather conditions, checking flight 

battery requirements, checking takeoff and landing distances, and all other actions in the

Preflight Checklist in the User Manual. These actions will provide an equivalent level 

of safety.

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.

By design, sUASs and remotely piloted aircraft 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 previously 

approved exemptions for aircraft without fully functional dual controls. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a 
Quad-A – Section 333 Exemption Petition

7

pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via 

radio signals from the controller, and by the size and speed of the aircraft.

14 C.F. R. 91.119: Minimum SafeAltitudes

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. This exemption is for a quad-rotor craft that flies similarly to a 

helicopter, with vertical take-off and vertical landing, which will typically operate at 

altitudes up to 400 AGL, so an exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, speed of theUAS 

as well as the location where it is operated. No flight will be taken without the consent 

and/or the notification of/to the property owner and/or onsite persons where required. 

Because of the advance notice, 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 carrying flammable fuel, any risk 

associated with our operations is far less than those presently presented with helicopters 

and other conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations of the sUAS will ensure separation between these sUAS 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 sUAS may not have

abarometric 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 UserManual

and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our

UAS is limited to operations in controlled environments, and has a limited range and flight

time which require an exemption from 14 CFR91.151(a).

The battery powering the sUAS provides approximately 35 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited 

to approximately 5 minutes in length. Given the limitations on the UAS'sproposed flight 

area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight is reasonable.

Quad-A believes that an exemption from 14 CFR §91.15l(a) falls within the scope of

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area where prior consent/notification has been received/given, 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 

sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will 

be granted.
Quad-A – Section 333 Exemption Petition

8

An equivalent level of safety can be achieved by limiting flights to 40 minutes, or enough 

battery reserve to ensure that the sUAS lands at the ground station with at least 15% of 

battery power (as determined by the onboard monitoring system and the pilot), whichever 

happens first. This restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F,

5745, 10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in 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. Therefore there is no ability or place to carry certification and registration 

documents or to display them on the sUAS.

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

flight control point where the pilot flying the sUAS will have immediate access to them, 

to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions 

to this regulation. A representative sample of other exceptions includes Exemption Nos.

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR 91.405 (a); 407 (a)(l); 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 sUAS. Maintenance will be accomplished by the operator

pursuant to the Manual. An equivalent level of safety will be achieved because these small

UASs are very limited in size and will carry a small payload and operate only in controlled

areas for limited periods of time. If mechanical issues arise the UAS can land immediately

and will be operating from no higher than 400 feet AGL. As provided in the User Manual, 

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.

*******
Quad-A – Section 333 Exemption Petition

9

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:14 C.F.R. §21, subpart H; 14

C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 

(a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (55lbs or less) in aerial photography. Approval 

of exemptions allowing commercial operations of sUASs for aerial

photography/videography and inspection of company owned assets enhances safety

while reducing risk. Traditional a erial photography creates a greater risk because the

craft are much larger, have combustible fuel, and carry an onboard human pilot. In

contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates

virtually all of that risk given the reduced mass and lack of combustible fuel carried on

board. The sUAS will carry no passengers or crew and, therefore, will not expose such to

the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in a controlled 

structure as outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a controlled environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people.

Privacy

All flights will occur over a controlled area with the appropriate party’s consent and/or 

knowledge. Flights will be conducted in areas where individuals, or property of

individuals, have consented to being overflown or otherwise have agreed to allow QuadA be in the area where aerial UAS operations will take place.

*******

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012, i.e. size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security, provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

applicant's UASs for aerial photography, videography, home and construction inspection, 

aerial surveying, and public service assistance pursuant to the Manual appended hereto.

Very truly yours,

Alton Wayne Carroll

Aerial Aviator & Aviation Associates, LLC.