Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

January 8, 2016

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act 

of 2012 

I, Milton G. Avery, of 6634 AL Highway 14 W in Selma, Alabama 36701-2815, hereby petition 

the FAA for a Section 333 exemption from various sections of 49 USC of Federal Aviation 

Regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, 

I request certain exemptions in order to perform aerial data collection using multiple small 

unmanned aerial vehicles (UAV).

Sincerely, 

Milton G Avery

Milton G. Avery

President 

Southeast Aerial Imaging
Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

OVERVIEW:

I, Milton G. Avery, of 6634 AL Highway 14 W in Selma, Alabama 36701-2815, hereby petition 

the FAA for a Section 333 exemption from various sections of 49 USC of Federal Aviation 

Regulations. 

I am the president of Southeast Aerial Imaging, an aerial data collection company. Southeast 

Aerial Imaging has been in business for one year, and is committed to responsibly, 

professionally, and safely operating small UAVs for the purpose of aerial data collection.

Southeast Aerial Imaging is committed to public safety and respecting personal privacy. An 

example of that commitment is our thorough pre and post flight protocols that we closely adhere 

to on every mission. 

I am a former military fixed and rotary wing pilot with over 1,200 hours of flight experience. I also 

have three years experience as a UAV pilot with over 500 flights. I am a member of the 

Academy of Model Aeronautics (AMA), National Society of Remote Control Aerobatics, and the 

U.S. Association of Unmanned Aerial Videographers (UAVUS), a national association of 

professional UAV operators that adheres to a strict Code of Conduct and best practices that 

places public safety first above all other considerations. 

The Pilots in Charge (PIC) will possess 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. The PIC will be a member of the AMA and abide by 

the AMA’s Safety Code as well as UAVUS Standard Operating Procedures .

As a former military pilot, I am extremely sensitive and aware of the importance of safety and 

privacy, especially as it relates to UAVs. I believe safety is the first and overriding priority in 

regards to operating a UAV. Additionally, the PIC would not operate a UAV in a manner as to 

invade the privacy of anyone unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION: 

Our primary area of operation will be the Southeastern United States. 

Our missions will take place in both urban and rural settings. Each flight will be done with the full 

permission and under the supervision of the land or property owner.
Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

Typically, each flight will be limited to 200-feet AGL, since the purpose of our operations is to 

collect data from a subject(s) near ground level.

As a former military fixed and rotary wing pilot, I am experienced, knowledgeable, and familiar 

with the air traffic control operations at the local airports in the region. When necessary, we will 

notify and seek approval of airport personnel as required by FAA regulations.

COMPANY UAV FLEET:

The UAVs listed above include the following safety features:

• An on-board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still 

photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site;

• A onboard radio transmitter that transmits live video from the onboard camera plus all the 

flight data from the telemetry system described above.

 GROUND SYSTEM:

• A Pilot in Charge (PIC) in operational control of a flight operation from beginning to end and 

who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while in 

flight;

UAV Weight (including battery and 

payload)

Transmitter/controller radio 

frequency

DJI Phantom 3 Professional 2.8 lbs. 2.4GHz

DJI Inspire 1 Pro 7.7 lbs. 2.4GHz and 5.8GHz

DJI Matrice 100 7.5 lbs. 2.4GHz and 5.8GHz

3D Robotics Solo 3.9 lbs. 2.4GHz

3D Robotics X8 Plus 5.6 lbs. 915MHz

3D Robotics X8-M 5.6 lbs. 915MHz
Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

• A radio transmitter/controller operated by the PIC to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

PRE-FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other obstacles that might 

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance.

• Examine the aircraft ⎯ looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, the PIC will hover at an altitude of approximately 10 feet to assure that the 

home return point is established.

• Exercise all controls to confirm their functionality ⎯ if one of the controls is not functioning, 

the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside the PIC who will double-check for possible 

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping the 

UAV within Visual Line of Sight (VLOS). The VO will also assist in any emergency 

maneuvers due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as 

well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that 

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the UAV to determine its physical and electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function, 

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.
Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

• Always set maximum height and radius flight limits in intelligent controller after analyzing 

site.

• Use audible alarms of low battery warning from the controller to bring copter back and land 

well before battery drains.

EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully comply:

14CFR

Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design approval, 

production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, and any associated noise certification and testing requirements of part 36, is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations 

associated with various ratings.

(b) Aeronautical experience means pilot time, flight simulator or flight training device for meeting 

the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be 

achieved by the UAV industry. The PIC’s sources of training are: the flight instruction manuals 

from the UAV manufacturer; online videos from the manufacturer as well as videos from users; 

and most importantly, personal training in a secure location - an open area not subject to traffic 

and/or uninvolved individuals.

Those training flights, which have averaged 15 minutes each, include setup, physical and 

electronic safety checks; lift off followed by hovering at approximately 10 feet to confirm that the 

GPS system is functioning properly and has registered its Home Point; a prescribed flight plan 

to familiarize and then master the fight controls and camera; returning to the launch point and 

landing. I then conduct a post-flight inspection for any problems, log the location and flight time 

and then view the video. There are no FAA certified instructors or FAA certified study guides 

available at this time as the technology continues to develop. I respectfully request an 

exemption from this rule.
Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, takeoff 

and landing distance information.

Response: Since a multirotor aircraft, like a helicopter, takes off and lands vertically, the PIC 

would not need to know this information since there are no runways involved and the return 

from flight is the takeoff point. The FAA has determined that "relief is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully request relief 

from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain 

flight tests.

Response: None of these functions are applicable to multirotor aircraft flight and, as stated 

earlier, there are no FAA certified instructors or FAA certified study guides available at this time 

for multirotor aircraft operation. I respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur 

without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as has a 

paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) from any person, 

vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV since 

these aircraft are required to fly below those altitudes. Their weight, speed and GPS-controlled 

Return to Home feature mitigates incidents that could occur from loss of signal between the 

aircraft and PIC. A manned aircraft is much heavier and larger than our UAVs. If our UAVs were 

to malfunction, they carry no humans, no explosive fuel and since they fly primarily over a single 

piece of private property, any damage would likely be minimal and confined to that area. As 

mentioned, the PIC will possess either an airline transport, commercial, private, recreational, or 

sport pilot certificate. 
Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

These licenses will provide the PIC with sufficient skills to safely manage any approach under 

500 feet. In addition, access to the property is strictly controlled (warning sign and the clearing 

of any person on the property not involved in the flight). I respectfully request an exemption from 

this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or 

flight level of that aircraft." It requires that the "elevation of the departure airport" be set in the 

altimeter or the "current reported altimeter setting of a station along the route and within 100 

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. Our UAVs are 

equipped with a barometric altimeter which automatically calculates the takeoff altitude (0 AGL) 

when the aircraft is warmed up ⎯ the launch point becomes the "elevation of the departure" 

point. The altitude of the UAV is visible in the control monitor by the PIC before launch and is 

consistently updated as the flight progresses. I respectfully request an exemption from this rule.

§91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, 

that "no person may begin a flight in an airplane under VFR condition unless...there is enough 

fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes 

(day) and 45 minutes (night)”.

Response: This regulation deals with 'reserve' fuel. This could include any condition that 

increases flight time or fuel consumption. Weather would be one factor including wind, 

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard our UAVs is not 

aviation gas but a DC battery with a maximum flight duration of 20 minutes. Fuel management 

of a UAV requires constant monitoring of the battery's state-of-charge and bringing it home 

before it reaches the manufacturer’s recommended 30-percent level. In our training flights, 

we've found that a flight of 10-15 minutes to be safe, returning the UAV to its Home Point 

around the 40-percent level. I respectfully request an exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments
Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

Response: Maintenance on our UAVs is quite straight forward. If, in landing, a rotor blade or 

two are damaged, they are quickly replaced. The traditional instrument cluster in an aircraft is 

replaced by a data stream from the UAV, visible in the control monitor.

Replacement of minor parts are performed by the PIC and a major 'overhaul' that can’t be easily 

resolved will go back to the manufacturer for repair. Currently, there are no required inspections 

by 'authorized' maintenance personnel and there would be no space/room on board to install a 

placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been 

performed. Again, approval of the maintenance before flight is essentially in the hands of the 

PIC.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate 

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying 

passengers or crew members, if the flight characteristics have been substantially affected, 

before a rated pilot performs an operational check of the maintenance.

Again, this is a PIC's responsibility to preflight the UAV and determine its flyability. And, as 

mentioned earlier, there is no pilot, crew members or passengers on-board our UAVs. I 

respectfully request an exemption from this rule.

§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or 

"progressive inspections" and approval by authorized persons which will lead to the "issuance of 

an airworthiness certificate."

Response: As stated earlier, there is no FAA approved inspection protocols nor authorized 

inspection personnel. The PIC handles those issues each time the UAV is prepared for flight.

The pre-flight check list enumerated earlier will be followed to determine its mechanical and 

electronic integrity. I respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement and condition of vital parts (rotors, engines & airframe). Certain records must be 

retained for one year while other records must be kept with the aircraft even when sold to 

another part.
Southeast Aerial Imaging

6634 AL Highway 14 W in Selma, Alabama 36701-2815

Response: The details of this section would be impractical with our UAVs, but repair issues can 

be entered into the aircraft log. I respectfully request an exemption from this rule.

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a 

manned fixed wing or rotorcraft. Weighing less than eight pounds with camera and battery, our 

UAVs are incapable of causing the level of damage or injury caused by a full-size, manned 

aircraft. Also, operating a UAV for data collection purposes replaces the need to put a human in 

a precarious situation at dangerous heights. Economically, small unmanned aerial vehicles are 

the most cost-effective solution for data collection, making aerial videography more affordable 

for the businesses we serve. 

Respectfully,

Milton G Avery 

Milton G. Avery

President, Southeast Aerial Imaging