2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

 

October 23, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE \ 

Washington, DC 20590 

Attention: FAA Administrator 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations form 14 

CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 

91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR 

91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) 

Dear FAA Administrator, 

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

Air Assets, Inc. dba Air Assets International, is the operator of Unmanned Aircraft Systems (UAS) equipped to conduct 

aerial photography and cinematography services hereby applies for an exemption from the listed Federal Aviation 

Regulations (FARs) to allow commercial operations of its UAS 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 described in more detail below, the requested exemption would permit the operation of small, unmanned and relatively 

inexpensive UAS under controlled conditions in the NAS that is both limited and predetermined. 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 operations of such aircraft systems in the national airspace 

system.” Section 333 (c) of the Reform Act. 

Regulations from which the exemption is requested: 14 CFR 

Part 21 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.215 (a) & (b) 

14 CFR 91.131 (d) 

14 CFR 91 405 (a) 

14 CFR 407 (a) (1) 
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the 

Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may 

operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of 

the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a 

hazard to users of the NAS or the public or pose a threat to national security in light of the following: 

 The UAS’s size, weight, speed, and operational capability; 

 Operation of the UAS in close proximity to airports and populated areas 

 Operation of the UAS within visual line of sight (VLOS) of the Pilot/”Operator” 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” 

Id. §333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its 

terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from the 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 §44744(a); 49 USC §44704l 14 CFR §91.203 (a) (1). 

Air Assets, Inc. plans to operate, the DJI PHANTOM 3 Professional UAS, which is comprised of an unmanned aircraft 

(UA or Phantom 3) and a transportable ground station. The Phantom 3 is referred to as a quad-copter with a maximum 

gross weight of appoximately 3 pounds. It is equipped with four rotors that are driven by electric motors powered by 

batteries. The UA has a maximum airspeed of 36 MPH. (see Appendix A) 

Air Assets, Inc. also plans to operate a UAS, the DJI Inspire 1 which is comprised of an unmanned aircraft (UA or Inspire 1) 

which utilizes a transportable ground station. The Inspire 1 is referred to as a quad-copter with a maximum gross weight of 

about 6.5 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of 50 MPH. (see Appendix A) 

Given the small size of the UASs involved and the limited environment within which that will operate, the applicant falls 

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 UASs to commence immediately. Also due to the size of the UASs and the 

limited areas in which the relevant UASs 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 safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety with allowing UASs for commercial aerial videography and photography operations, the grant 

of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and they 

operate with the limitations listed herein. These limitations provide for at least and equivalent or even higher level of 

safety of operations under the current regulatory structure because the proposed operations are conducted on closed off 

property under the permission of the property owner or property representative. 
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

These limitations and conditions to which Air Assets, Inc. agrees to be bound when conducting commercial operations 

under an FAA issued exemption include: 

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within visual line of sight (VLOS) of a Pilot/”Operator” and/or observer. 

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 20% battery 

power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 500 feet AGL or, when photographing a structure taller 

than 500 feet, the UAS will not be operated more than 100’ above the highest point on the structure. 

5. Minimum crew for each operation will consist of the UAS Pilot/”Operator”, and the Visual Observer. 

6. UAS Pilot/”Operator” will be Pilot in Command (PIC). If the Pilot/”Operator” deems another “Pilot/”Operator” “ 

to be qualified with the necessary skills to be the “Pilot/”Operator”, that person can also be designated as 

“Pilot/”Operator” “ provided they have a minimum of 40 hours of flight time with the UAS. 

7. Flights will be operated at a lateral distance of at lest 50 feet from any inhabited structures, buildings, 

vehicles, vessels, or people not associated with the operation.

8. A briefing will be conducted in regard to the planned UAS operations prior to each flight activity. It will be 

mandatory that all personnel involved with the operational duties of the flight be present for this briefing. 

9. Pilot/”Operator” and observer will have been trained in operation of UAS generally and received up--‐to--‐date 

information on the particular UAS to be operated. 

10. The “Pilot/”Operator” “ will have at least a class 3 medical certificate. 

11. Observer and Pilot/”Operator” will at all times be able to communicate by voice, radio, and/or text. 

12. Written and/or oral permission from the relevant property holders or property representatives will be obtained. 

13. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a 

pre--‐determined location and land autonomously. 

14. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. 

14 CFR §91.109: Flight Instruction 

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 and remotely piloted aircraft, by their design 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 communication. The FAA 

has approved exemptions for flight training without full functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by 

the fact the neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119 (d) allows that helicopter may be 

operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. As this exemption is 

for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 500 feet AGL, an 

exemption may be needed to allow such operations. As set forth herein, the UAS will never operate higher that 500 AGL 

with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 

500 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it 

is operated. No flight will be taken without the permission of the property owner. Because of the advance notice to the 

property owner and other participants in the activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently 
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

presented with conventional aircraft operating at or below 500 feet AGL. In addition, the low--‐altitude operations of the 

UAS will ensure separation between the UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119.

14 CFR §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 UAS 

may not have a barometric altimeter, but instead a GPS altitude readout, and exemption may be needed. An equivalent 

level of safety will be achieved by the Pilot/”Operator”, pursuant to the safety checklist and live flight data monitoring, 

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 

Sections 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions” there is enough fuel to fly to the first point of intended landing, and, 

assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) at night, to fly after 

that for at least 45 minutes.” 

The battery powering the UAS provides less than 30 minutes of powered flight. To meet the 30 minute reserve 

requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the 

limitations of the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a 

longer timeframe for flight in daylight or twilight CFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151 (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 UAS, in a limited area where only people and property owners or representative with less than 

30 minutes of reserve fuel, does not engender the type of risk that Section 

91.151 (a) was intended to alleviate given the size and speed of the UAS. Additionally, limiting the UAS flight to 10 

minutes would greatly reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of battery 

power – whichever happens first. This restriction would be more than adequate to return the UAS 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) and (b): Carrying Civil Aircraft Certification and Registration The 

regulation provides in the pertinent part: 

(a) Except a 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 less than 55 lbs. and is operated without an onboard pilot. As such, there is no ability to 

place to carry certification and registration documents or to display them on the UAS. 

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

Pilot/”Operator” flying the UAS will have immediate access to the documents to the extent they are applicable to the 
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797 9797A, and 10700. 

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting equipment and use 

The pertinent section of 91.215 (a) & (b) requires the “(a) All airspace: U.S.--‐registered civil aircraft. For operations not 

conducted under part 121 or 135 of this chapter, ATC transponder equipment installed. . . 

(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace 

described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar 

beacon transponder”. . . 

This requirement applies 

(1) All aircraft. In Class A, Class B, and Class C airspace areas; 

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the 

surface upward to 10,000 feet MSL; 

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace 

(d) other equipment requirements. 

“No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with 

(1) The applicable operating transponder and automatic altitude reporting equipment specified in 

§91.215 (a) . . . and 

(2) After January 1, 2020, the applicable Automatic Dependent Surveillance--‐Broadcast Out equipment specified in 

§91.225.” 

Because of the small size and limited lifting capacity of the UAS, the UAS cannot be fitted with and operate a 

transponder and automatic altitude reporting equipment specified in paragraph of 91.215 (a) and (b) and 91.131 (d). An 

exemption from these requirements is requested. The equivalent level of safety can be assured using the procedures 

defined for each class of airspace. 

Within the surface areas of Class “B”, Class “C”, Class “D” Airspace 

Within the lateral boundaries of the airspace, the Pilot/”Operator” “ will establish 2 way communications with the ATC 

facility having jurisdiction for that area. The Pilot/”Operator” will provide the location (heading and distance) relative to 

the center of the airspace and request clearance to “Maneuver” above that location at or below 500 feet AGL. The 

Pilot/”Operator” will be responsible for “see and avoid” traffic conflicts. The Pilot/”Operator” will at all times yield right 

of way to ANY and ALL manned flight operations. All operations within 2 miles of the primary airport will be pre--‐

arranged with that controlling facility. Any and all restrictions placed on the operations will be complied with so that all 

manned operations can be conducted without negatively impacting flight safety. 

14 CFR §91.405 (a); 407 (a) (1); 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. 
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to 

the applicant. Maintenance will be accomplished by the Pilot/”Operator” pursuant to the flight manual and operating and 

handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry 

small payload and operate only in limited areas for short periods of time. If mechanical issues arise the UAS and land 

immediately and will be operating from no higher than 500 feet AGL. The Pilot/”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 Pilot/”Operator” is the person most familiar with the aircraft and is best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed and accordance with the UAS manufacturer’s manual, as referenced in the 

Aircraft Operations Manual. As provided in the Operations Manual, the Pilot/”Operator” will ensure that the UAS is in 

working order prior to initiating flight and perform required maintenance needed. 

Additional Views and Information 

Of the applicants, Gordon R. Page has been involved in building and piloting of radio controlled vehicles for over 40 

years. Gordon R. Page is an FAA certified Commercial Pilot with an Instrument Rating. (see Appendix B)

Summary 

As set forth herein, Air Assets, Inc. seeks an exemption pursuant to 14 CFR Part 11, and the following summary is provided 

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

Air Assets, Inc. seeks an exemption from the following rules: 14 CFR Part 21, subpart H; 14 CFR 45.23(b); 14 CFR 

61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 

14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR91.131 (d); 14 CFR 91.405 (a); 14 CFR 

407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b). 

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization 

and Reform Act of 2012, while also advancing the interests of the public, by allowing Air Assets, Inc. to safely, 

efficiently, and economically operate the DJI Phantom 3 UAS and DJI Inspire 1 commercially within the NAS. 

Approval of exemptions allowing commercial operations of UASs to conduct aerial photography and cinematography 

services will enhance safety by reducing risk. Conventional photography operations, using jet or piston powered aircraft, at 

extremely low altitudes, often very close to the subject being filmed and in close proximity to people and structures; and 

present the risks associated with vehicles that exceed 3,000 lbs., carrying large amounts of jet A or other fuel. In contrast, a 

UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of the risk given the reduced mass and 

lack of combustible fuel carried on board. The UAS is carried to the location. The UAS will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned aircraft flights. 

The operation of small UASs, weighing less than 55 lbs., conducted in the conditions outlined above, will provide an 

equivalent level of safety supporting the granting 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 but under 500 feet AGL, and within the limited area and, as a result, are far safer than conventional 

flight operations conducted with turbine helicopters operating in close proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property representative or owner’s prior consent 

and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the 

area where filming will take place. 
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

All flights will occur in accordance with any state or local laws regarding privacy. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, weight, speed, operating capabilities, 

proximity to airports and populated areas and operations within visual line of sight (VLOS) and national security – 

provide more than adequate justification for the granting of the requested exemptions allowing commercial operation of 

applicants UAS in the aerial photography and cinematography services industry. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, 

Section 333, Air Assets, Inc. respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b), and permit Air Assets, Inc. to operate the DJI Phantom 3 UAS and DJI Inspire 1 UAS commercially for 

the purpose of conducting aerial video and cinematography services over certain areas of the United States. 

Respectfully submitted this 23rd day of October, 2015, 

Gordon R. Page 

President 

Air Assets, Inc. 

2650 S. Main St., Bldg. A 

Erie, CO 80516 

(303)517-5078 

gpage@airassets.com

www.airassets.com
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

Appendix A

Link to DJI Phantom 3 Manual: Click on link below 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf 

Link to DJI Inspire 1 Manual: Click on link below 

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf 

 
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

Appendix B 

 
2650 S. Main St., Bldg. A, Erie, CO 80516 (303)517-5078, www.airassets.com 

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing