1 of 14

10/16/2015

James Taggart, Owner

Aerial Drone Services LLC

PO Box 162

Leeds Point, NJ 08220

U.S. Department of Transportation 

Docket Operations 1200 New Jersey Ave.,SE 

Washington, DC 20590

RE: Petition for Exemption and Relief from Specific Regulations of Title 14 

of the Code of Federal Regulations Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012(Public Law 112-95) Regarding 

Commercial Employment of Unmanned Aircraft Systems (UAS)

To Whom It May Concern:

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

14 C.P.R. Part 11, Aerial Drone Services LLC, hereafter known as “ADS”, 

requests exemptions from the Federal Aviation Regulations listed below to 

allow ADS to conduct commercial operations with the Draganflyer X4Es, , DJI 

Phantom Vision Plus,(small Unmanned Aircraft System "sUAS"), to provide, 

among other things, commercial operations of its Aircraft for training, 

demonstrations, aerial photography and videography, and low altitude 

geospatial data collection, as further defined herein, by a Pilot in Command 

holding, as minimum, a private pilot certificate.

APPLICANT:

James Taggart, Owner

Aerial Drone Services LLC

PO Box 162 Leeds Point, NJ

taggartjames@hotmail.com

609-892-9909

Signed:

James Taggart
2 of 14

INTRODUCTION

Aerial Drone Services, LLC is developing UAS services to help 

meet the growing need to use small Unmanned Aerial Systems 

(sUAS) in various data collection applications, and to support, 

aerial photography/videography techniques, and geospatial 

mapping. To achieve these goals, our program must engage in sUAS 

operations for research, education and training purposes. Due to 

the nature of our work, these flights will occur predominantly 

in rural areas, away from human activities. UAS’s are emerging 

as an effective means of conducting research that before would 

have been possible only from manned aircraft. Our work seeks to 

integrate the safe and effective use of UAS’s to the benefit of 

society at large.

The proposed operations would permit the use of small UAS’s 

under controlled conditions in airspace that is limited, 

predetermined, away from populated areas, and would provide an 

increased level of safety beyond that existing when fixed or 

rotor wing aircraft are used to accomplish the same purpose. The 

UAS's planned to be operated are rotorcraft and fixed wing 

aircraft, each weighing typically less than 15 lbs., and always 

less than 55 lbs., including payload. They would operate, under 

normal conditions, at a speed of no more than 50 knots. 

The principal construction material of the UAS aircraft would 

typically be foam, carbon fiber, aluminum and/or plastic. 

Operations will be performed by a qualified UAS Pilot in Command

(PIC), as outlined below, to insure that the UAS will "not 

create a hazard to users of the national airspace system (NAS) 

or the public." Given the small size of the UAS involved and the 

pre-planned environment within which they will operate, the 

applicant believes that these operations fall squarely within 

that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow 

commercial operations of UAS to commence immediately. 

Also, due to the size of the UAS and the pre-defined, area in 

which the UAS will operate approval of the application presents 

no national security issue. The operation of UAS by 

knowledgeable professionals will serve to enhance safety, add to 
3 of 14

the public benefit, and reduce environmental impacts related to 

current methods of manned aircraft flight operations. 

These limitations and conditions to which the operator, or its 

employees, acting as UAS PIC agrees to be bound when conducting 

commercial operations under a FAA issued exemption:

1) Operations authorized by this grant of exemption are 

limited to the following aircraft: Draganflyer X4ES and DJI 

Phantom Vision Plus.

2) UAS (aircraft and payload) will weigh less than 55lbs.

3) UAS will be operated at altitudes not greater than 400 feet 

AGL. Altitudes reported to ATC will be in feet AGL.

4) UAS will be flown at ground speeds not greater than 87 

knots.

5) The UAS PIC will hold either an airline transport, 

commercial, private, recreational or sport pilot 

certificate. The PIC will also hold a current FAA airman 

medical certificate or a valid U.S driver’s license issued 

by a US state. The PIC must also meet the recent flight 

experience requirement stated in 14 CFR § 61.57 and flight 

review requirements stated in 14 CFR § 61.56.

6) In addition to holding an FAA issued airman certificate, 

UAS PIC must complete an Aerial Drone Services training 

program. This training will include detailed review of 

manufacturer's operating manuals and practical 

demonstration of ability to safely operate UAS in a manner 

consistent with how the UAS will be operated under this 

exemption (to include evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vehicles, 

vessels and structures).

7) UAS will not be operated within 5 nautical miles (NM) of an 

airport having an operational control tower, or 3 NM of an 

airport with a published instrument flight procedure but 

not an operational control tower, or 2 NM of an airport 
4 of 14

without a published instrument flight procedure or 

operational control tower, or 2 NM of a heliport with a 

published instrument flight procedure. Flights will be 

operated in Class G airspace whenever possible. If 

operation in other airspace is required, the relevant 

controlling agency will be notified at least 24 hours prior 

to the operation and, if required, any necessary permission 

obtained

8) UAS flights will operate within visibility and cloud 

clearance requirements equivalent to Visual Flight 

Rules(VFR

9) UAS operations will not be conducted during night.

10) The UAS will remain clear of and yield right of way to 

manned aviation operations

11) UAS will be operated within visual line of sight (VLOS) of 

the PIC at all times. The PIC will use human vision 

unaided by devices other than corrective lenses

12) UAS operations will employ a visual observer (VO). The VO 

and PIC must be able to communicate verbally for the 

duration of the flight. Electronic messaging or texting 

will not be used to satisfy the communications requirement

13) The Visual Observer (VO) will perform no duties other than 

assisting the PIC see and avoid other aircraft, obstacles, 

persons or property

14) UAS will be equipped with an autopilot system that 

includes GPS navigation, failsafe, return-to-home (RTH) 

and flight abort safety features

15) Prior to each flight the PIC will inspect the UAS and 

Ground Control Station to ensure they are in condition for 

safe flight. Checklists developed from manufacturer 

operating documents will be the basis for this inspection. 

If the inspection reveals a condition that affects safe 

operation of the UAS, operations other than maintenance 

tests are prohibited until necessary maintenance has been 

performed and the UAS is found to be in a safe condition 

for flight

16) All UAS operations will be conducted over sparsely 

populated property or over open waters. Permission for 

flight will be obtained in advance from property owners or 

controlling agency
5 of 14

17) The Ground Station will be connected, by radio 

communication, to the UAS during the entire flight, which 

will give the PIC flight information such as GPS Position, 

Altitude, Air speed, Battery Remaining, and other 

telemetry information

18) Flight boundaries will be established for each flight and 

such boundaries will be designed such that the UAS 

aircraft will pass no closer than 500 feet from 

nonparticipating persons, vehicles or structures

19) If the UAS loses communications, the UAS aircraft will 

return to a predetermined location within the established 

flight boundary and land or be recovered in accordance 

with manufacturer's operations documents

20) The PIC will abort any flight in the event of unpredicted 

obstacles, occurrence of adverse weather or loss of UAS 

flight control capability in accordance with 

manufacturer's operations documents

21) The PIC will not begin a flight unless (considering wind 

and forecast conditions) there is enough power to fly the 

planned mission and land the UAS with 25% of battery 

capacity remaining

22) Documents required by 14 CFR § 91.9 and 91.203 will be 

available to the PIC at the Ground Control Station of the 

UAS whenever the aircraft is operating. These documents 

will be made available to the Administrator or any law 

enforcement official upon request

23) A Flight Operations and Maintenance Log will be maintained 

for each UAS. Cumulative flight hours, maintenance 

activities, repairs, alterations and inspections will be 

noted

24) A functional test flight will be conducted following any 

UAS maintenance or alterations that affect UAS operation 

or flight characteristics, e.g. replacement of a flight 

critical component. The PIC who conducts the functional 

test flight will make an entry in the Flight Operations 

and Maintenance Log
6 of 14

FEDERAL REGISTER SUMMARY

Pursuant to 14 CFR §11.81, the following summary is provided for 

publication in the Federal Register, should it be determined 

that publication is needed:

ADS seeks exemption from the following regulations 14 CFR Part 

21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 

61.113(a)(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2)(c); 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); CFR 91.409(a)(1) and (a)(2); 14 CFR 

91.417(a)(b),to allow commercial employment of Unmanned Aerial 

Systems (UAS) in support of research, education and UAS 

platform development in the area of training operators for 

videography, search and rescue, and geospatial remote sensing. 

This exemption will enhance safety by reducing risk to the 

general public and property owners from the substantial hazards 

associated with performing equivalent work with conventional 

aircraft and rotorcraft.

The extent of relief we seek and the reason we seek the relief

14 CFR Part 21, Subpart H – Airworthiness Certificates and 14 

CFR § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section 

if a finding is made under Part 11 and Section 333 of the Reform 

Act that the UAS selected provides an equivalent level of safety 

when compared to civil aircraft normally used for the same 

application. The petitioner submits that given the small size of 

the UAS, the limited operating areas and procedures defined 

within the training and operations section of the petition, an 

equivalent level of safety is obtained and exemption is not 

required (see Grant of Exemption to Astraeus Aerial, Docket No. 

FAA-2014-0352). If however, the FAA determines that there are 

some characteristics of the chosen UAS that fail to meet the 

requirements of the Reform Act, an exemption is requested.
7 of 14

14 CFR Part 27 – Airworthiness Standards: Normal Category 

Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for 

airworthiness certification of normal category rotorcraft. To 

the extent petitioner’s UAS would otherwise require 

certification under Part 27, petitioner seeks exemption for the 

same reasons identified in the request for exemption from 14 CFR 

Part 21, Subpart H.

14 CFR § 45.23 (a)(b) and 91.9 (c) – Marking of the Aircraft

Regulation 45.23 provides: (a) Each operator of an aircraft must 

display on that aircraft marks consisting of the Roman capital 

letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. Each suffix letter used in 

the marks displayed must also be a Roman capital letter. (b) 

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.

Regulation 91.9 (c) provides: No person may operate a U.S.-

registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

The proposed UAS have no entrance to the cabin, cockpit or pilot 

station on which markings can be placed. Given the small size of 

the UAS, two-inch lettering will not be possible. In a previous 

Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft “have 

identification (N-Number) markings in accordance with 14 CFR 

Part 45, Subpart C if the markings are as large as practicable.” 

The petitioner additionally proposes to place all required 

markings, placards, flight envelope restrictions, cautionary 

notices in an easily visible location at the UAS Ground Control 
8 of 14

Station. The FAA has issued several exemptions to this 

regulation: see Exemptions Nos. 8738, 10167, 10167A and 10700.

14 CFR § 91.9(b) (2) – Aircraft Flight Manual in the Aircraft

Regulation 91.9 stipulates (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 the size of the UAS, they have no place or ability to 

carry a flight manual aboard the aircraft. An equivalent level 

of safety will be achieved by keeping the flight manual at the 

Ground Control Station where the pilot operating the UAS will 

have immediate access to it. The FAA has issued several 

exemptions to this regulation: see Exemptions Nos. 8607, 8737, 

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

14 CFR § 61.113 (a)(b) and 61.133(a)(i)(ii) – Private and 

Commercial Pilot Privilege and Limitations

Regulation 61.113 stipulates (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 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.

Regulation 61.133 stipulates (a) Privileges—(1) General. A 

person who holds a commercial pilot certificate may act as pilot 

in command of an aircraft— 10 (i) Carrying persons or property 

for compensation or hire, provided the person is qualified in 

accordance with this part and with the applicable parts of this 

chapter that apply to the operation; and
9 of 14

(ii) For compensation or hire, provided the person is qualified 

in accordance with this part and with the applicable parts of 

this chapter that apply to the operation.

Unlike a conventional aircraft that carry pilot, passengers and 

cargo, the proposed UAS are remotely controlled and carry no 

persons or cargo. The UAS are capable of a high degree of flight 

automation and employ technical capabilities that limit the 

potential for operation in an unintended manner. 

It is the petitioner’s belief that given the size, weight, 

speed, operating environment and operating capabilities of the 

UAS, an equivalent level of safety may be obtained by 

stipulating the UAS PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. 

The PIC must also hold a current FAA airman medical certificate 

or a valid U.S. driver’s license issued by a state, the District 

of Columbia, Puerto Rico, a territory, a possession, or the 

Federal government. The PIC must also meet the flight review 

requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate. The FAA has 

issued several exemptions to this regulation: see Exemptions 

Nos. 11284, 11281, 11282 and 11296.

14 CFR § 91.7(a) – Civil Aircraft Airworthiness

Regulation 91.7 stipulates (a) No person may operate a civil 

aircraft unless it is in an airworthy condition. Should this 

exemption be granted allowing commercial operation of UAS 

without an airworthiness certificate, no FAA regulatory standard 

will exist for airworthiness of the UAS. An equivalent level of 

safety will be obtained by ensuring compliance with UAS operator 

and maintenance manuals and safety checklists prior to each 

flight.

14 CFR § 91.121 – Altimeter Settings

Regulation 91.121 requires that (a) Each person operating an 

aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter 

that is set, when operating— (1) Below 18,000 feet MSL, to— (i) 
10 of 14

The current reported altimeter setting of a station along the 

route and within 100 nautical miles of the aircraft; (ii) If 

there is no station within the area prescribed in paragraph 

(a)(1)(i) of this section, the current reported altimeter 

setting of an appropriate available station; or (iii) In the 

case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting 

available before departure.

Conventional aircraft are provided altitude data by a barometric 

altimeter that is most commonly set to a local barometric 

pressure and therefore reports altitude relative to MSL (Mean 

Sea Level). UAS operations are restricted to altitudes no 

greater than 400 feet AGL (Above Ground Level). For those UAS 

with a barometric sensor, greater utility and an equivalent 

level of safety will be obtained by setting the altimeter to 

read “zero altitude” when the UAS is on the ground prior to 

takeoff thus providing an AGL altitude readout. If no barometric 

sensor is aboard the UAS, a GPS derived altitude similarly set 

to zero at the takeoff point will provide an equivalent level of 

safety. The FAA has issued several exemptions to this 

regulation: see Exemptions Nos. 11066, 11065, 11062 and 11063.

14 CFR § 91.151 – Fuel Requirements for Flight in VFR Conditions

Regulation 91.151 stipulates that (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. (b) No person may begin a flight in a 

rotorcraft 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, to fly after that for at least 20 minutes.

This regulation is written based on the capabilities of 

traditional civil aircraft which typically have flight times 

with full fuel of several hours. For the majority of UAS which 

have flight times of an hour, or much less, this regulation 

would effectively deny an ability for the UAS to operate. The 
11 of 14

petitioner submits that an equivalent level of safety will be 

obtained by requiring that no UAS flight will begin unless 

(considering wind and forecast conditions) there is enough fuel 

(battery) to fly the planned route to the first point of 

intended landing and land with 25% of battery capacity in 

reserve. This restriction would be more than adequate to return 

the sUAS to its planned landing zone from anywhere in its 

limited operating area.

The FAA has issued several exemptions to this regulation: see 

Exemptions Nos. 2689F, 5745, 10673 and 10808.

14 CFR § 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and 

(b) – Maintenance Inspections

Regulation 91.405(a) requires 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...” Regulation 

91.407(a) (1) similarly makes 12 reference to requirements in 

Part 43. Regulation 91.409(a) (2) requires an annual inspection 

for the issuance of an airworthiness certificate. Regulation 

91.417(a) and (b) requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and 

records of approval of the aircraft for return to service.

Exemption from these regulations is needed because Part 43 and 

these sections apply only to aircraft with an airworthiness 

certificate. An equivalent level of safety will be obtained by 

requirement that each UAS will have a flight and maintenance 

log. Maintenance and inspections will be accomplished in 

accordance with manufacturer recommendations. The FAA has issued 

several exemptions to this regulation: see Exemptions Nos. 

11066, 11062, 11067A and 11065.

14 CFR § 91.103 – Preflight Action

Regulation 91.103 stipulates each pilot in command shall, before 

beginning a flight, become familiar with all available 
12 of 14

information concerning that flight. This information must 

include—(a) For a flight under IFR or a flight not in the 

vicinity of an airport, weather reports and forecasts, fuel 

requirements, alternatives available if the planned flight 

cannot be completed, and any known traffic delays of which the 

pilot in command has been advised by ATC; (b) For any flight, 

runway lengths at airports of intended use, and the following 

takeoff and landing distance information: (1) For civil aircraft 

for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the 

takeoff and landing distance data contained therein; and (2) For 

civil aircraft other than those specified in paragraph (b)(1) of 

this section, other reliable information appropriate to the 

aircraft, relating to aircraft performance under expected values 

of airport elevation and runway slope, aircraft gross weight, 

and wind and temperature.

The petitioner seeks exemption to the extent that an FAAapproved Flight Manual is required. An equivalent level of 

safety will be provided by following the Operations Manual 

provided by the manufacturer. Additionally, the PIC will conduct 

preflight actions, to include performing all required 

checklists, reviewing weather, flight requirements, battery 

charge, landing and takeoff distance, aircraft performance data, 

and contingency landing areas, before initiation of flight.

14 CFR § 91.109 – Flight Instruction

Regulation 91.109 stipulates, in part, that (a) 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 by their design do not have fully 

functional dual controls. Flight control is accomplished through 

the use of a control interface that communicates with the 

aircraft via radio. Given the size, speed and limited 

operational parameters of the UAS, an equivalent level of safe 

training can be performed without dual controls. The FAA has 

issued several exemptions to this regulation: see Exemptions 

Nos. 11066, 11062, 11067A and 11065.
13 of 14

14 CFR § 91.119 – Minimum Safe Altitudes

Regulation 91.119 stipulates, in part, that, except when 

necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: (a) anywhere. An 

altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. (b) 

Over congested areas. Over any congested area of a city, town, 

or settlement, or over any open air assembly of persons, an 

altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. (c) Over other 

than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to 

any person, vessel, vehicle, or structure.

An exemption to 91.119(c) is required because UAS operations 

will be conducted at altitudes no greater than 400 feet above 

the surface. The size, speed, weight and limited operational 

parameters of the UAS allow for an equivalent level of safety.

WHY GRANTING THIS PETITION IS IN THE PUBLIC INTEREST

As introduced above, the requested exemption would authorize the 

Applicant to perform commercial operations with sUAS that will 

provide significant benefits to the public interest:

1. The commercial use of sUAS to perform aviation research and 

educational activities at ADS in support of agricultural 

crop monitoring, and development of geographic information 

systems all of which are critical to the well-being of the 

general public.

2. A significant reduction in costs to conduct research, 

training and education programs. At present, our geographic 

information systems program use aerial surveys can cost 

tens of thousands of dollars. By incorporating sUAS into 

the program we can incur significant savings and more 

efficiently offer coursework in the public interest at a 

lower cost to the student.

3. The use of sUAS will decrease congestion in the National 

Airspace System along with reducing the noise and air 
14 of 14

pollution generated during traditional manned aircraft 

flight operations.

4. When using UAS to complement field personnel, they reduce 

safety concerns when gathering data from inaccessible or 

unstable/unsafe areas and in extreme weather or terrain.

5. Operation of sUAS will substantially reduce the risk to 

life and property in the air, and on the ground, which is 

commonly associated with traditional manned aircraft flight 

operations for marine science missions.

6. Similar to the current manned aircraft flight operations in 

marine science that have been conducted for many decades, 

sUAS used for similar tasks will not generate any new 

privacy issues.

Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation’s (the FAA 

Administrator's) responsibilities under Section 333(c) of the 

Reform Act to "Establish requirements for the safe operation of 

such aircraft systems in the national airspace system." Approval 

of this exemption will allow for safer, more efficient and less 

costly geospatial data collection, and produce much higher data 

quality.