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March 6th, 2016

U.S Department of Transportation

Federal Aviation Administration 

800 Independence Avenue SW

Washington, DC 20591

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

Aviation Regulations from: 14 CFR 91.7 (a); 91.103; 91.119{c); 91.121; 91.151{a); 91.405{a); 

91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b); 91.203(a) and (b); 45.23(b); 91.9(b)(2). 

To whomever it may concern, Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and reform Act, we, Lee Hiner & Trevor Hiner, coowner/operators of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Aspect Aerial Media, 

for an exemption from the below listed Federal Aviation Regulations (”FARs”) to allow for the Commercial 

use of UASs, so long as these operations are performed within and under the specific terms outlined 

within this request or as established by the FAA as demanded by Section 333. 

We would like to formally submit a request for an exemption from part 11, subpart H; and Sections 

45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) (a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This 

proposed exemption would allow the operation of unmanned aircraft systems (UAS) for the purpose of 

contracted aerial video and photography for survey work and real estate sales purposes.

Applicant: 

Trevor Hiner

Creative Director/Principal

Lee Hiner

Business Director/Principal

Aspect Aerial Media

19904 31st Dr. SE 

Bothell, WA 98012

trevor14hiner@gmail.com

(206)-962-1349

lee.hiner@frontier.com

(206) 450-2729

Business and UAS Overview:

Business/Commercial operations for Aspect Aerial Media will include use of UASs, equipped with 

cameras and sensors to operate in specifically requested areas to provide aerial photography and/or 
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video for public and/or private use including real estate, surveying, visual inspection services and other 

promotional sales and informational purposes. 

As described in full below, the requested exemption would permit our company the legal operation of a 

UAS under controlled conditions in the National Air Space (NAS) that would be planned and conducted 

safely and cautiously in line with current safe FAA rules & guidelines presently followed by private and 

commercial aircraft operators. 

As found in exemption No. 11138 (Trudeau), the FAA has recently approved the similar use of a UAS, 

specifically the Phantom 3 UAS. Our company, Aspect Aerial Media, will operate the DJI Phantom 4 

model; comprised of a UAS, attached 4k camera and a portable ground control station. This new model

offers upgrades in safety and performance above and beyond previous models. Among these safety 

upgrades are an Automated Obstacle Avoidance sensors which detect objects from between 2 and 49

feet away allowing for automated avoidance. 

The Phantom 4 is quad-copter with a gross total weight of 3.05 pounds. It is equipped with four rotors that 

are driven by electric motors powered by batteries. The UAS has a maximum top airspeed of 20 m/s in its 

high performance sport mode with speeds slightly lesser in other modes. It will be operated primarily over 

various metropolitan, suburban and rural areas in and around the greater Seattle area and Washington 

State, to further augment real estate listings with still photos and video edits to enhance buyer’s and 

seller’s ability to market, display and communicate structure and property boundary details. In survey 

work for federal, state, county and private interests which could include timber, wildlife and others. We 

will also offer contract film and video work and stock photography and video purposes in remote and or 

backcountry settings.

UAS Flight & Operational Parameters: 

We have developed and will abide by the following operating parameters considering these requested 

exemptions to ensure a level of safety specific to UAS operation equal to the existing set of rules for 

conventional aircraft: 

• Operate the UAS below 400 feet and within a radius distance of 1000 feet from the 

controller to aid in direct line of sight visual observation.

• Operate strictly during daylight hours

• Obtain permission from the owner/controller of any vessels, vehicles and structures when 

operations may be conducted closer than 500 feet to any such vessels, vehicles or 

structures; we will conduct a preliminary safety assessment of the risk of operating closer 

to those objects and determine that it does not present an undue hazard.

• Never fly near or around conventional aircraft or helicopters or emergency operations or 

response efforts.

• Operate the UAS for only 5-10 minutes per flight. (A maximum of 35% of a single Battery 

Life).

• Land the UAS prior to the manufacturer’s recommended minimum level of battery power.

• Operate UAS during daylight hours only within a visual line of sight (VLOS).
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• Use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and 

then slowly lands if communication with the remote control pilot is lost.

• Conduct all operations under the flight safety protocols (including posting a warning sign 

reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) and will 

actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols.

• Contact respective airports if operations will be within 5 miles to advise them of the 

estimated time of flight, flight duration, elevation of flight and other valuable information.

• Always obtain all necessary and mandatory permissions prior to operation. 

• Only operate in safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and densely populated areas (defined by areas depicted in 

“yellow” on VFR charts and through obtaining information regarding congested areas 

from the local Flight Standards District Office (FSDO).

• Conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference PHANTOM Flying Flowchart and User Manual).

• Establish procedures and criteria to abort flights in the event of safety breaches or 

potential danger.

Training and Competence:

As UAS operational training, we have and continue to perform many practice flights in remote areas as 

hobbyists simulating flights for future commercial use to gain familiarization with the characteristics of our 

UAS’ performance under different temperature and weather conditions.

Any Pilot in Control (PIC) operating our UAS will have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged 

as a UAS pilot with a multi-rotor UAS. The PIC will also have accumulated and logged a minimum of 5 

hours as a UAS pilot operating the same make and model of UAS to be used for operations. In addition to 

the hour requirements, the PIC will accomplish 12 take-offs and landings in the preceding 90 days (for 

current operational competence purposes) prior to any flight. 

Specific Exemptions Requested:

Given the size, weight, speed, and limited operating area associated with the UA, we request an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) 

(Certifications required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 

(Section 333). This exemption has further been granted in the cases of exemption No’s. 11650 and 

11734. 

We request an exemption from § 45.23 Marking of the aircraft- because the UAS will not have a cabin, 

cockpit or pilot station on which to mark such certain words or phrases. Further, the two-inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. In 

lieu of this, we can/will mark the UAS in the largest possible lettering by placing the word “Experimental” 

on its fuselage as required by § 45.29(f) so that anyone can/will see the markings. 
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We request an exemption from § 91.7(a) Civil Aircraft Airworthiness- which prohibits the operation of an 

aircraft without an airworthiness certificate, since there is currently no certificate applicable to our UAS 

operation. Even without a certificate, the pilot will uphold and ensure the spirit of this guideline for 

airworthiness of the UAS through the use and strict adherence to the Manufacturer’s Operation manual, 

preventative maintenance and preflight checks. 

We request an exemption from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections since they appear only to apply to aircraft with an airworthiness certificate. 

Regardless, as a safety precaution we will perform a mandatory preflight inspection of the UAS before 

each flight. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft. There 

are no pilots or passengers on board the aircraft and given its size. We believe an equivalent level of 

safety will be achieved by maintaining a safety/flight manual with the UAS ground station. This will ensure 

the same level of safety, equivalent to and in the same intended purpose of having a manual onboard in a 

manned aircraft. 

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft, 

but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our 

UAS above the altitude of 400 feet above ground level (AGL) and will also only operate in safe areas 

away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in 

relation to minimum safe altitudes.” Due to the small size, weight, maneuverability, and speed of the UAS, 

an equivalent or even higher level of safety will be achieved and maintained. 

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS utilizes 

electronic GPS with a barometric sensor to determine height and maintain a safe altitude at any given 

time. PIC will have real time access to Altitude information via the heads up display information during 

navigation on the control panel.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 

100% electric and two low battery alerts are issued. According to our operating parameters, the UAV will 

be landed before and or at the first alert. Further, our flights will last only 5-10 minutes each, and the UAS 

has an automated function, which results in immediate landing when a low battery is detected. The PIC 

will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to 

fly to the first point of predetermined landing and, assuming normal cruising speed, land the UAS with at 

least 30% battery power remaining. 

Public Interest 

Aerial photography and video for real estate, various family or public events and business survey and 

inspection purposes are proven methods to enhance marketing efforts, reduce cost and environmental 

impact which can further increase business success matching buyers and sellers, family or other event 

archiving and preservation and increased safety and reduced costs in preventative maintenance for 

companies performing these activities by other means historically. 

The industry is not new. However, until recently it was conducted through the use of costly conventional 

aircraft, a prohibitive business activity for small companies due to the extreme cost involved. By granting 

this exemption, we would be able to provide affordable services to private individuals, local & remote 

companies and Federal, State and other such public agencies at lower cost, lower environmental impact 
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and thus broaden the availability to more people, companies and public agencies who require these 

services.

Noteworthy improvements in Fuel efficiency gains by use of such UASs provide an a100% decrease in

related aviation fuel consumption. Therefore this UAS method of Aerial photography supports 

environmental efforts to severely lower any carbon footprint concerns related to aerial video and 

photography. UASs provide an excellent option which can perhaps never replace conventional manned 

flights but will rather complement the current industry and grow with it over time.

Final Operational and Safety Summary:

We will comply with all of the following conditions and limitations should these exemptions be provided:

1) Operations will be limited to the following aircraft described in the operating documents, which is a 

quad-rotor aircraft weighing 3.05 pounds: Phantom 4 Unmanned Aircraft System.

2) The UAS will not be flown at an indicated airspeed exceeding 35 knots.

3) The UAS will be operated at an altitude of no more than 400 feet above ground level (AGL), All 

altitudes reported to ATC will be in feet AGL.

4) The UAS will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times.

5) All operations will utilize a visual observer (VO). The UAS will be operated within the visual line of sight 

(VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times during 

the operation. The PIC will be designated before the flight and will not transfer his or her designation until 

the UAS is safely back on the ground. The PIC will ensure that the VO can perform the functions 

necessary to safely operate and supplement the actions of the PIC. 

6) The operating documents and UAS manual will be accessible during UAS flight operations.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a safe and secure condition for flight. 

If the inspection reveals an unforeseen issue that could negatively affect the safe operation of the UAS, 

the UAS will not be operated until the required maintenance has been performed and the UAS is found to 

be in a condition for safe flight. All maintenance and alterations will be properly documented in the aircraft 

records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, will undergo a fully functional test flight prior to resuming 

commercial flight operations. The PIC who conducts the functional test flight will make a mandatory entry 

into the UAS flight and maintenance records.

9) We will strictly follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

10) We will carry out maintenance, inspections, and record keeping requirements, in accordance with our 

operating documents, which will be on site during any operation. Maintenance, inspection, and alterations 

will be noted in the aircraft records, including but not limited to total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to service.

11) Each UAS operator will comply with all manufacturers’ Safety Bulletins.
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12) An authorized person will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered and repaired between inspections.

13) Prior to operations conducted for the purpose of any aerial video/photography services the PIC will 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor 

UAS.

14) Prior to operations conducted for the purpose of any aerial video/photography services the PIC will 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as 

UAS pilot operating the make and model of the UAS to be used in operations. The PIC will accomplish at 

least 25 take-offs and landings in the 90 days prior to operations 

15) The PIC will not operate the UAS for the purpose of any aerial video/photography services unless the 

PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely 

operate the UAS in a manner consistent with our operating documents, including evasive and emergency 

maneuvers and maintaining safe and appropriate distances from people, vessels, vehicles and structures.

16) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be 

conducted under visual meteorological conditions (VMC).

17) The UAS will not operate within 5 nautical miles of an airport reference point as denoted on a current 

FAA-published aeronautical chart.

18) The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

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

19) If a UAS loses communications or loses its GPS signal, it will return to a predetermined location within 

the planned operating area and land or be recovered in accordance with the operating documents. This 

will be achieved by presetting the GPS home base prior to flight. 

20) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with 

our operating documents.

21) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly at normal cruising speed to the intended landing point and land the UA with 30% 

battery power remaining.

22) Before conducting operations, the radio frequency spectrum used for operation and control of the UA 

will comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

23) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents will be made available to the 

Administrator or any law enforcement official upon request. 

24) The UA will remain clear and yield the right of way to all manned aviation operations and activities at 

any given time. 

25) The UAS will not be operated by the PIC from any device or vehicle in motion.

26) The UAS will not be operated over congested or densely populated areas where the use of an UAS

could present undue hazard to non-participating persons.
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27) Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or 

debris in the event of an accident. We will ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations will cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, 

vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue 

hazard to those persons per § 91.119(a).

28) All operations will be conducted over private or controlled-access property with permission from the 

landowner/controller or authorized representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

29) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office 

(AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) 

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

If you have questions or need any additional information, please contact us at trevor14hiner@gmail.com

or lee.hiner@frontier.com

Thank you, 

Trevor Hiner

Lee Hiner

Owners and Principals

Aspect Aerial Media 

19904 31st Dr SE

Bothell, WA 98012