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March 3, 2016

Mr. Anthony J. Fullam

President

AirProV, LLC

212 Blue Quail Place

Trenton, OH 45067

Phone: 513-317-5678

E-mail: anthony@airprov.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), AirProV, LLC 

(referred to hereafter as "AirProV"), the operator of small Unmanned Aircraft Systems ("sUAS"), seeks an 

exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in Appendix A. Attached as 

Appendix B is a summary of this request.

The requested exemption would permit commercial operation of AirProV, sUASs, which weigh between .55 and 25

lbs for the purpose of aerial photography, aerial cinematography, aerial inspections, and other sUAS flight 

operations that consist of still photographs and cinematography taken by on-board cameras. Use of the sUAS for 

aerial photography, aerial cinematography and aerial inspections, and other sUAS flight operations will reduce the 

need to utilize conventional manned aircraft, manned lifting devices or manned climbing for the same purpose and 

provide high-quality digital imagery at a fraction of the cost. These savings result in enhanced safety, efficiency and 

productivity for the affected activities, as well as environmental benefits. AirProV, plans to implement the 

capabilities of sUAS to offer services including:

• Aerial photography

• Aerial cinematography

• Aerial inspections

• Other sUAS flight operations

Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least 

an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may 

be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize commercial operations of aerial 

photography, aerial cinematography, and aerial inspections or other sUAS flight operations using sUAS which 
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weigh less than 25 lbs and are small in size (see the attached O&M manuals). The sUASs will be operated under 

controlled conditions at low altitude in airspace that is limited in scope, as described more fully herein; it will have 

automated control features, as described below and in the O&M manuals. AirProV, will maintain full general 

liability aviation at all times on aircrafts. Furthermore, the sUAS also will be operated by an individual who has 

passed an FAA approved Private Pilots ground training exam, medical certification and a required manufacturer’s 

training program for the sUAS. Finally, the airspace in which the sUAS will operate will be Class G airspace or 

airspace approved by the FAA in advance.

AirProV respectfully submits that because these small, unmanned aerial vehicles will be used in lieu of 

comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft or other 

manned mean, the FAA can have confidence that the operations will achieve at least an equivalent level or greater 

level of safety. Approval of these exemptions 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.”

The name and address of the applicant are:

AirProV, LLC

Attn: Anthony J. Fullam

Phone: 513-317-5678

E-mail: anthony@airprov.com

Address: 212 Blue Quail Place, Trenton, OH 45067

The regulations from which the exemption is requested are as follows:

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. 61.133(a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

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. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a) & (b).

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this 

letter are appropriate, provide an equivalent level of safety, and are in the public interest.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

AirProV submits that grant of this exemption application for use of the proposed UASs in of aerial photography, 

aerial cinematography, and aerial inspections, and other sUAS flight operations will advance the Congressional 
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mandate in Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace system 

("NAS") if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether 

certain UASs may operate safely in the 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 UASs size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). 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) (emphasis added).1

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, from the requirement that 

all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to 

operate aircraft in commercial service:

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

subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the Administrator finds 

the exemption is in the public interest.

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Applicant submits that this provision places a duty on the Administrator to not only process applications for 

exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require 

modification in order to allow approval, to supply conditions for the safe operation of the UAS. AirProV welcomes 

the opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise 

that they believe may require modification.

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the 

Reform Act; the additional authority 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 and cost 

savings associated with transitioning to UASs for aerial photography, aerial cinematography, and aerial inspections 

and other sUAS flight operations. Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

Airworthiness of the sUAS

A critical element of the exemption application involves evidence of the airworthiness of the sUAS. 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 consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular sUAS. Our small UAS's will operate at 

low speed in a controlled environment, at least five miles from an airport. 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.
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RISK MITIGATION

AirProV, has reviewed FAA exemptions references 1-3 Condition and Limitations sections and believes that 

procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure 

public safety. A preflight checklist developed and employed to ensure that the sUAS airworthiness will be verified 

before launch. Airworthiness will be maintained by performance of routine inspections before each flight, 

maintaining flight and maintenance logs to record time failure prone components.

AirProV requests that in a manner similar to reference 3, he be allowed to operate within 5 miles of an airport 

provided that;

“The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may 

not operate within 5 nautical miles of the geographic center of a non-towered airport as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted accordance with a NOTAM as required by the operator’s COA. 

The letter of agreement with the airport management must be made available to the Administrator upon 

request.”

Operations within five (5) miles of an airport are not anticipated to be routine, but AirProV is requesting a 

mechanism to facilitate such activities without requesting a new and separate exemption(s) should the need arise. 

Operations within Class B airspace are not requested due to lack of mode C transponder.

Mandatory Operating Conditions (see O&M and Safety Lists)

Grant of the exemption to AirProV will be subject to the following mandatory conditions, which are based upon 

operating conditions set forth for operation of sUAS by public entities pursuant to Certificates of Authorization, 

with additional restrictions:

• All operations to occur in Class G airspace.

• Operations to be conducted over private or controlled-access property.

• Permission from land owner/controller required before commencing any flight.

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

• Aircraft to remain within Visual Line of Sight (VLOS).

• Above Ground Level (AGL) altitude to be restricted to 400 feet.

• All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline azimuth of 

runway centerline measured from runway thresholds.

• 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.

Operator Requirements

AirProV respectfully proposes that operator requirements should take into account the characteristics of the 

particular sUAS. Certain UASs, such as the DJI S1000+, DJI S900, DJI S800 EVO, DJI Inspire 1, DJI Phantom 3 

Professional and DJI 4 are characterized by a high degree of control and various built-in technical capabilities that 

limit the potential for operation outside of the operating conditions set forth above. Please see details in the 

attached O&M manuals for each in Appendix C.

Additional automated safety functions and safety enhancing features of the sUAS's include the following:
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• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate return to aircraft takeoff location ("home")

• Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels.

• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, landing procedure begins.

Given these safety features, AirProV proposes that operators of the sUAS should not be required to hold a 

commercial or private pilot certification. Instead, operators should be required to:

• have successfully completed, at a minimum, FAA private pilot ground school instruction and passed the 

FAA Private Pilot written examination or FAA-recognized equivalents;

• have completed the manufacturer’s training or a minimum of 40 hours training program for operation of 

the sUASs.

AirProV notes that the FAA has found that safety factors permitted operation of sUASs by operators with these 

qualifications in the case of operations pursuant to public COAs when the mandatory operating conditions 

specified above were present. See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft 

Systems (UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority to grant 

exemptions to the requirements for and privileges associated with the grant of airmen’s certificates. 49 USC

§44701 (f).
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In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to allow commercial 

operations of a sUASs conducting precision aerial inspections or surveys.

Approval of the exemption allowing commercial operations of the sUAS for precision inspection and survey work 

will enhance safety by reducing risk. Conventional aerial photography, aerial cinematography and aerial inspection 

operations, using helicopter or piston-powered aircraft present risks associated with vehicles that weigh in the 

neighborhood of 5,000 to 7,000 lbs., or more, carry large quantities of fuel, passengers, and, in some cases, cargo. 

Such aircraft must fly to and from the location. Other conventional manned climbing or manned lifts risk safety 

hazards associated with falls, electrical hazards, fuel related hazards, and inhalation hazards associated with the 

structures being inspected. In contrast, a sUAS weighing less than 25 lbs. and powered by batteries eliminates a 

portion of that risk given the reduced mass and lack of combustible fuel carried on board a manned aircraft and 

the lack of risks associated with manned lifts or manned climbing apparatus. The sUAS will carry no passengers or 

crew and, therefore, will not expose any individuals to the risks associated with manned aircraft flights, manned 

lifts or climbing hazards.

Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size, load 

carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous 

materials, the sUAS poses no threat to national security.

The operation of the sUAS, weighing less than 25 lbs., for aerial photography, aerial cinematography, and aerial 

inspections in accordance with the strict conditions outlined above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein, including exempting AirProV from the requirements of 

Part 21.

The sUASs satisfaction of the criteria set forth in Section 333 of the Reform Act—size, weight, speed, operating 

capabilities, lack of proximity to airports, operation within visual line of sight, and national security—and its 

showing of an equivalent level of safety as it may relate to the requirement for FAA training, provide more than 

adequate justification for the grant of the requested exemptions allowing commercial operation of the sUAS in the 

commercial aerial photography, aerial cinematography, and aerial inspections business.

AirProV is requesting this exemption for the purpose of aerial photography, aerial cinematography, aerial 

inspections and other flight operations that may arise. The reason for such a general based exemption request is to 

integrate a horizontal business model in order to capitalize on vast opportunities in the future without delay in 

additional exemption requests.

Very truly yours,

Anthony J. Fullam

President

AirProV, LLC
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Enclosures:

Appendix A: Exemption Request and Equivalent Level of Safety Showings Under Applicable Rules Subject 

to Exemption

Appendix B: Summary of Trimble Section 333 Exemption Request

Appendix C: Operation and Maintenance Manuals:

• DJI S1000+

• DJI S900

• DJI S800 EVO

• DJI Inspire 1

• DJI Phantom 3 Professional

• DJI Phantom 4
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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

AirProV requests an exemption from the following regulations as well as any additional regulations that may 

technically apply to the operation of the sUASs:

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

The regulation provides:

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.

The sUASs has 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 

forward fuselage in compliance with § 45.29(f). The equivalent level of safety will be achieved by having the sUAS 

marked on its forward fuselage as required by § 45.29(f) where the pilot, observer, and others working with the 

UAV will see the identification of the sUAS as "Experimental". The FAA has issued the following exemptions to this 

regulation to Aerial Pros, Exemption No. 10700, and to others, including Exemption Nos. 8738, 10167 and 10167A.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

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 AirProV, 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 consideration of the size, weight, speed, operational capability, 

and proximity to airports of the particular UAS. Our small sUASs will be operated at low speed in a controlled 

environment, at least five miles from an airport. An analysis of these criteria demonstrates that the sUASs 

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 25 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Like other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the 

Manual's requirements, and under the requirements and in compliance with local public safety requirements, to 

provide security for the area of operation as is currently done on active construction sites.

These safety enhancements, which already apply to civil aircraft operated in connection with construction sites, 

power plant sites and the like 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 
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by the sUAS, 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. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial 

Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft that 

carries a pilot, passengers, and cargo, the sUAS in this case is remotely controlled with no passengers or property 

of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in 

command of an aircraft for compensation or hire. AirProV respectfully proposes that operator requirements 

should take into account the characteristics of the particular sUAS. AirProV's sUAS has a high degree of control and 

various built-in technical capabilities that strictly limit the potential for operation outside of the operating 

conditions set forth in the exemption application.

The sUAS has navigation and control system comprised of a Ground Control Station (GCS) and auto-pilot system. 

All flights utilize precision GPS guidance. In the case of unplanned events, the operator inputs evasive maneuvers 

from the control unit, and the control unit executes that maneuver. Operator interventions include diversion to 

the right; initiation of holding at present position; suspension of mission; fly back to launch point; fly to point and 

hold; abort mission and land; and emergency power cut off and land (Flight Termination System).

Given these safety features, AirProV proposes that operators of the sUAS should not be required to hold a 

commercial or private pilot certification. Instead, operators should be required to:

• have successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA 

Private Pilot written examination or FAA-recognized equivalents;

• have completed manufacturer's training program or a minimum 40 hours training program for operation 

of the sUAS.

AirProV notes that the FAA has found that safety factors permitted operation of sUASs by operators with these 

qualifications in the case of operations pursuant to public COAs where the mandatory operating conditions 

specified above are present. See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems 

(UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 

U.S.C.§44701(f) to waive the pilot requirements for commercial operations.

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the 

sUAS without a private pilot’s certificate or a commercial pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the sUAS (given its size, speed, operational capabilities, and lack of 

combustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial 

operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations 

of the sUAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & 

(b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the 

exemption be granted allowing commercial operation of the sUAS without an airworthiness certificate, no 

standard will exist for airworthiness of the sUAS. Given the size of the aircraft and the requirements that have 

presumably already been met for the sUAS (for instance, the sUAS’s Operations and Maintenance Manual and 
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Safety Manual and Checklist), an equivalent level of safety will be achieved by insuring compliance with the

manuals prior to each flight.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S.-registered civil aircraft...

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5

(2) 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 and configuration of the sUAS, it 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 achieved by keeping the flight manual (see, e.g., User Guide, Exhibit 4) at the 

ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued to others 

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 Manual and Safety Checklists. These actions will provide an equivalent level 

of safety.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide 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.

The sUAS is a remotely piloted aircraft and by design, does 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. If 

instruction is accomplished through a training program, as set forth in Exhibit 2, an equivalent level of safety will 

be assured. The FAA has approved exemptions for flight training without fully 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 will be achieved by the manufacturer providing the training as outlined.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying 

over areas other than congested areas to 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.
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As set forth herein, the sUAS will never operate at higher than 400 feet AGL. Because aerial photography, aerial 

cinematography, and aerial inspections must be accomplished at relatively low altitudes and at altitudes less than 

500 feet AGL, an exemption from Section 91.119(c) is needed.

14 C.F.R § 91.121 Altimeter Settings

AirProV requests an exemption from 14 C.F.R. 91.121. This Part provides guidelines for altimeter use below 18,000 

feet mean sea level (“MSL”) in maintaining the cruising altitude or flight level of the aircraft. AirProV operation of 

the sUAS will not exceed 400 feet AGL and will be operated in a fashion that is not a sustained cruising flight such 

as a manned aircraft will typically fly. The ground station has live feedback and GPS information about the sUAS, 

including but not limited to the height of the sUAS, its forward velocity, and compass heading. The operator will be 

able to observe and control the maximum height of the sUAS. Additionally, the sUAS will be operated within the 

line of sight. Therefore, the equivalent level of safety provided by Section 91.121 will be met.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation 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 sUAS batteries provide approximately 15-30 minutes of powered flight. Without an exemption from § 14 CFR 

91.151, the sUAS’s flights would be limited to approximately 20 minutes in length. Given the limitations on its 

proposed operations and the location of those proposed operations, a longer time frame for flight in daylight VFR 

conditions is reasonable.

AirProV believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See 

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). 

Operating the small UAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 

91.151(a) was meant to prevent given the size and speed at which the UAS operates. The fact that it carries no 

pilot, passenger, or cargo also enhances its safety. Additionally, limiting sUAS flights would greatly reduce their 

utility. In the unlikely event that the sUAS should run out of battery charge, it would simply land. Given its weight 

and construction material, the risks are less than contemplated by the current regulation.

AirProV believes that an equivalent level of safety can be achieved by maintaining 10 minutes of reserve battery, 

which, allows approximately 30 minutes of flight time, but AirProV limits all flights to no greater than 20 minutes, 

would be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . 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.
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The sUASs fully loaded weighs no more than 25 lbs. As such, there is no ability or place to carry certification and 

registration documents or to display them on the sUAS. In addition, there is no pilot on board the aircraft.

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

pilot flying the sUAS will have immediate access to them. 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 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Section 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 . . . ." Section 91.407 similarly makes reference 

to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness 

certificate. Section 91.417(a) 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.

Maintenance of the sUASs will be accomplished by the owner/operator pursuant to the manuals. An equivalent 

level of safety will be achieved because the sUAS is small in size, will carry no external payload, will operate only in 

restricted predetermined areas and is not a complex mechanical devise. As provided in the attached Maintenance 

Manual and the Safety Checklist, the trained operator of sUAS will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, 

the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy 

condition and to ensure an equivalent level of safety.
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APPENDIX B

SUMMARY OF TRIMBLE SECTION 333 EXEMPTION REQUEST

AirProV hereby provides pursuant to Part 11 a summary of its exemption application to allow commercial 

operation of the DJI S1000+, DJI S900, DJI Inspire 1, DJI Phantom 3 Professional and DJI Phantom 4 sUASs for aerial 

photography, aerial cinematography, and aerial inspections. An exemption is requested from the following 

regulations:

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. 61.133(a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

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. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a) & (b).
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APPENDIX C

OPERATION AND MAINTENANCE MANUALS & SAFTEY GUIDELINES

• DJI S1000+ User Manual v1.2

o http://www.dji.com/product/spreading-wings-s1000-plus/download

• DJI S900 User Manual v1.2

o http://www.dji.com/product/spreading-wings-s900/download

• DJI S800 Evo User Manual v1.10

o http://www.dji.com/product/spreading-wings-s800-evo/download

• DJI Inspire 1 User Manual (EN) v1.2

o http://www.dji.com/product/inspire-1/download

• DJI Phantom 3 Professional User Manual (EN) v1.0

o http://www.dji.com/product/phantom-3/download

• DJI Phantom 4

o http://www.dji.com/product/phantom-4/download
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