13 October 2015

U.S. Department of Transportation

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Petition for Exemption

Parts of Certain Title 14 CFRs in regards to Section

333 of the FAA Modernization & Reform Act of 2012

Concerning Unmanned Aerial Systems (UAS)

Joseph Robert Charron 

Aerospective, LLC

3926 Harmony Church Rd.

Gainesville, GA 30507

(678) 641-3604

joe@aerospecimaging.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 ("FMRA")

and CFR Part 11 , Aerospective, LLC hereby applies for an exemption from

Federal Aviation Regulations (FARs) identified below to allow commercial operations of

small, unmanned aerial vehicle by, and through small, unmanned aerial systems (UAS)

for aerial photography and videography.

This exemption is requested in subject to and in accordance with those operations and

protocols outlined in this petition, the enclosed UAS Preflight, Safety & Operational

Standards and DJI Phantom 3 Professional Operator's Manual.

This letter is request for exemption from a number of Title 14 CRF's that relate to the

commercial operation of "unmanned aerial systems" (UAS). The following will be

included in this request: Name & Information of Petitioner, Executive Summary of

Petitioner summarizing the rules Petitioner seeks exemption from and the reasons the

exemptions would serve the public good, Specific Title 14 CFR's to which an exemption

is sought, the extent and reasons for the requested exemptions, and reasons why

safety would not be compromised.

 1. Description of Petitioner / Personal Information

Name: Joseph Robert Charron (hereafter referred to as "Petitioner")

Company: Aerospective, LLC

Address: 3926 Harmony Church Rd., 

 Gainesville, GA 30507

 (678) 641-3604

 joe@aerospecimaging.com

The Petitioner is a native of Gainesville, Georgia, born on 26 May 1988 and is a U.S citizen, and 

veteran. He is the member/owner of Aerospective, LLC which is focusing primarily on real estate 

photography and videography for the local area. The Petitioner is an active duty Sergeant in the 

U.S. Army, currently coming to the end of his obligation of service. The Petitioner has flown a 

UAS for the U.S. Army, both domestically on military installations, and over 400 hours of logged 

flight time in theatre in support of Operation Enduring Freedom in Afghanistan. The Petitioner has 

developed proficiency while owning various quadrotor UAS' since 2012 with over 250 hours as a 

hobbyist.
Petitioner is requesting an exemption from the current rules in Section 333 which

govern the uses of UAS's for commercial purposes. The Petitioner seeks authorization

to perform commercial UAS operations for Real Estate, Real Estate Inspections, Sales, and

Advertising. This would include residential, commercial, and rural properties. Prospective

customers and clients would include Real Estate Agents and Brokers along with

Insurance Companies, Banks and private property owners. 

The Title 14 CFR exemption that this request includes are: 61.113(a) & (b); 91.7(a);

91.119(a); 91.121; 91.115(a); 91.407(a) (1) & (2); 91.417(a) & (b). Reasons for each

request are cited below:

2. Public Good

Aerial videography and photography for geographical awareness and for real estate

marketing and inspections has been around for many years; accomplished through

manned fixed wing aircraft and helicopters. However, for small business owners, its expense

has been cost-prohibitive. Granting this exemption to the Petitioner would allow him to

provide this service at a much lower cost to the public. Further, the small UAS being utilized in this

application will pose no threat to the public, given its small size and lack of combustible

fuel when compared to larger, manned aircraft. The UAS, while reducing the carbon

footprint of aerial video productions, also eliminates noise pollution as its battery

powered electric motors are barely audible during takeoff, and cannot be heard

when operating more than 100 ft AGL. The operation of this UAS will minimize

ecological damage while simoultaneously promoting economic growth by providing information to

businesses and individuals in the Northeast Georgia and Metropolitian Atlanta area.

3. Privacy

All proposed UAS flights will only be conducted after obtaining property owners

written permission. All flights will occur over public right of way or private property with

the property owner present, or aware that flights are taking place. No observation of property 

outside that of which written permission has been given written permission will be conducted.

4. Description of UAS to be Utilized Under Requested Exemptions

Petitioner currently owns a DJI Phantom 3 Professional quadcopter. The Petitioner intends to use 

the Phantom 3 Professional as the primary UAS in commercial applications described herein. The 

Phantom 3 is a quadcopter that can take off and land vertically. It weighs approximately 2 lbs., with

a maximum airspeed of approximately 16 m/s (31 knots). This UAS uses lithium polymer (LiPo) 

batteries to power the unit and has approximately 20-25 minutes charge time. This gives the DJI 

Phantom 3 Professional UAS approximately 17-23 minutes of flight time with sufficient remaining

battery charge to land safely. The DJI Phantom 3 Professional being utilized under this

request for exemption has First Person View (FPV) which allows the Petitioner to

visually monitor certain telemetry data on a ground station monitor including altitude

(AGL), GPS signal strength, battery charge information, direction of travel, etc. The FPV

also gives the Petitioner real time video feed from the onboard Hi-Definition (HD) camera

showing the UAV direction of travel and what images are being captured. This is a significant 

safety feature, as it displays the attitude of the UAS and its forward direction.

However, this FPV feature will never be used as a tool to deviate from VLOS operation

and procedures used by the Petitioner. The DJI Phantom 3 has a selectable Return To

Home capability located on the UAS controller which allows the PIC to activate in case

of any emergency or safety concerns. The UAS has a built in Return To Home

capability linked to "loss of control communication" and remaining battery strength. If the

UAS identifies a loss of communication or low battery strength, the UAS will return to its

original take off site.
5. Preflight

The Petitioner will always follow procedures outlined in the Phantom 3 Operator's

Manual and Preflight Check-Off Sheet. A preflight inspection of all hardware, software,

and environmental factors will be conducted prior to every flight to ensure absolute safety in flight. 

PIC will ensure safety signs are posted at the site of flight operations and will post a visual observer

to monitor the area to ensure safe flying conditions are maintained throughout the full duration of 

flight operation.

6. FCC Information

The UAS being utilized for commercial application is a DJI Phantom 3 Professional.

This device complies with part 15 of FCC rules. Operation is subject to the following two

conditions: (1) this device may not cause harmful interference, and (2) this device must

accept any interference received, including interference that may cause undesired

operation. The UAS controller has an operating frequency of 2.400 GHz- 2.483 GHz,

FCC: 20 dbm; CE: 16 dbm. Maximum transmission distance is 2000 meters. The UAS

receiver sensitivity is -101 dbm +1- 2 dbm. Video downlink operates on 2.4 GHz ISM

720p @30fps with 220 ms latency.

 7 . Description of Intended Commercia lOperations

The Petitioner seeks authorization to perform commercial UAS operations for Real

Estate Inspections, Sales and Advertising. This would include residential, commercial

and rural properties. Prospective customers and clients could include real estate agents

and brokers, along with insurance companies, banks, and private property owners. This work will 

always be conducted with the permission of the property owner or their respective agent. Flight 

operations will be restricted to flights directly over the property that has granted permission. Safety

will always be the primary concern regarding any flight at any time.

Prior to conducting UAS flight operations, the Petitioner will post a sign stating:

CAUTION UNMANNED AERIAL VEHICLE IN OPERATION. STAY BACK 100 FEET

FROM AIRCRAFT. PIC will ensure safety signs are posted at the site of flight

operations and will post a visual observer to monitor the area to ensure safe flying

conditions are maintained throughout all flight operations.

8. UAS Operating Parameters

The enclosed DJI Phantom 3 Professional manual describes, in detail, the operating

parameters of the aircraft and procedures. To assist the FAA in its safety assessment of

the Petitioner's UAS operations, below is a summary of operational limitations and

conditions, which will ensure an equivalent or higher level of safety to operations

conducted under current regulatory guidelines:

a. The UAS will weigh less than 5 pounds

b. Flights will be operated during daylight and within visual line of sight (VLOS) of

sight of the Operator.

c. Maximum total flight time for each operational flight will be limited to the amount

of time the UAS can be flown and still maintain a reserve battery power of no less

than 25%.

d. Petitioner agrees never to fly the UAS outside of VLOS and also agrees to only

fly UAS during daylight hours at altitudes below 400 feet AGL, clear of clouds.

The DJI Phantom 3 has a programmable maximum altitude feature and is

programmed for 400 feet AGL from the factory.
e. Flights will be operated at a safe lateral and vertical distance from and above any

structures, buildings, vehicle, vessels, or people not associated with the

operation or who have not signed a waiver in advance of the operation.

f. The UAS pilot will have PIC responsibilities for the flight will be designated

"Operator".

g. The UAS will operate within a confined/designated area as described in the

Flight Operations Manual.

h. A briefing will be conducted in regard to the planned UAS operation prior to each

day's event for all personnel involved.

i. The Operator (PIC) will have been trained in operations of the UAS and have

accumulated sufficient flight hours (100 hours minimum in UAS) to be qualified to conduct

operations.

j. Written permission will be secure by property owners and clients prior to

commencing any UAS flight operation.

k. Any required permissions and permits will be obtained from territorial, state,

county, or city jurisdiction, including local law enforcement, fire or other

appropriate government agencies.

l. The UAS being deployed under these exemption requests has the capability of

using Global Positioning Satellite (GPS) and visual positioning system to return

to its original point of take off if Radio Frequency (RF) signal connection between

UAS and the radio control transmitter is lost. If the UAS loses flight control

transmission signal, the UAS will have the capability to return to a predetermined

location and land.

m. Contingency plans will be in place to safely terminate flight if there is a loss of

PIC flight controller, loss of GPS signal or by notification of the visual flight

observer.

n. The Visual Flight Observer will notify the PIC to abort the flight in case of

unpredicted obstacles or emergencies.

o. The UAS will not be operated within 5 nautical miles of an airport as denoted on

a current published aeronautical chart.

9. Exemption Requests

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 401 01 of the Act, including UASs, from its safety regulations and

minimum standards when the Administrator decides a requested exemption is in the

public interest.

The following are a list of Title 14 CFR's which the Petitioner seeks exemption. Please

note that the Petitioner has used Exemption No. 11583 to Thomas Raniere (Regulatory
Docket No. FAA-2015-0453) as a reference. Given that the Petitioner and Mr. Raniere

intend to use the exemption in similar manners and both use similar equipment, it

seemed prudent not to burden the reviewer in this matter with exemption request that

have been previously deemed that relief was not necessary. These rules are Part 21,

45.23(b), 91.9(b) (2), 91.103(b), 91 .109 and 91.203(a) & (b). If the reviewer believes

that these rules need to be addressed in this request, the Petitioner will make a

supplemental request including these additional rule exemptions.

a. Rule 61.113- Private Pilot Privileges and Limitations

Petitioner seeks exemption from Rule 61.113, which restricts private pilot certificate

holders from flying aircraft for compensation or hire, and which would also have the

effect of requiring a second class medical certificate.

Aerospective, LLC will operate in only controlled areas, the UAS will be

flown based on visual line of sight (VLOS) at altitudes below 400 feet AGL. The Petitioner is 

employed by the Department of Defense maintains a deployable medical readiness as

required to support military deployed operations. Also, the Petitioner holds a certification in a 

military UAS (RQ-11B) and realizes this may not satisfy the requirement to operate as a PIC. If the

requirement is not satisfied, the Petitioner will only use personnel qualified to operate as a PIC until

a proper certification is held.

b. Rule 91.7(a) Civil Aircraft Airworthiness

There is no current FAA regulatory standard for determining airworthiness of UAS, and

there is no certificate currently available for UAS airworthiness. Petitioner seeks an

exemption for this rule by ensuring that the UAS is in airworthiness condition based on

compliance with the preflight procedures and operating documents prior to every flight.

Flight manuals and other important documents will be kept in a location readily

accessible to the PIC at all times.

 c .Rule 91.119(a) Minimum Safe Altitude

Rule 91.118(a) prescribes safe altitudes for the operation of civil aircraft, but allows

helicopters to be operated at lower altitudes in certain conditions. Petitioner seeks an

exemption from this rule as Petitioner will only operate the UAS in a range from ground

level up to but not exceeding 400 feet AGL and will only operate in safe areas away

from the public, thus providing a level of safety not available to manned aircraft. The

Petitioner asserts that given the size, weight, maneuverability and speed of the UAS, an

equivalent or high level of safety will be achieved that from conventional manned

helicopters.

Petitioner will avoid actively populated areas. These areas will be interpreted to include

areas on a FVR chart depicted in yellow and will be supplemented with information from

a Flight Standards District Office (FSDO). Petitioner intends to operate the UAS over

real estate for inspection purposes.

Per the exemption granted in No. 11138 concerning 91.119(c) , Petitioner agrees to act

in strict accordance to the exemption. However, Petitioner seeks an exemption from the

rule stipulating that a UAS cannot be operated within 500 feet of a structure without

permission of the owner. Given the intended use, Petitioner will use these exemptions

for photography and videography of real estate for marketing and inspection purposes

agreement from the engaging property owner or their agent is an absolute necessity.

The UAS will only be flown over properties with this written permission. However, given

the housing density in the Metropolitian Atlanta area, maintaining a 500 foot distance from

other structures even while strictly flying over a permission granting owner's property is

impossible in many instances. The Petitioner seeks an exemption to this rule which

would allow a 50 feet stand-off distance from other structures as long as the UAS is
operated completely over and within the property boundary lines of a permission

granting property owner. All attempts will be made to notify surrounding property owner

of UAS flight operations. Petitioner agrees to always keep privacy right of other property

owners in mind.

d. Rule 91.121 Altimeter Settings

Petitioner's UAS has GPS, Vision Positioning System and barometric sensor capability

onboard. The DJI Phantom 3 Professional has a programmable maximum

altitude setting. The default altitude setting is 400 feet AGL. Petition intends to use the

default setting for all UAS flight operations. 

 e. Rule 91.151 (a) Fuel Requirements forFlight in VFR Conditions

Petitioner seeks relief from this rule due to the UAS being operated by battery power.

Therefore, the requirements under this rule does are not applicable. The UAS in

question has First Person Vision (FPV) capabilities which transmits certain telemetry

data to a monitor. The PIC can monitor certain aspects of the flight including battery

level by viewing the DJI GO Application on the controller and visual light indicators on

the aircraft. A typical battery for a Phantom 3 Professional will provide a 20-23 minute

flight time before total depletion. PIC has the ability to monitor the battery levels at all

times and will receive a visual warning when the levels reach 30% and 15%

respectfully. The low battery warning alerts allows the PIC with enough battery power to

safely land the UAS. Petitioner will never begin a UAS flight unless a fully charged

battery is used.

f. Rule 91.405(a) Maintenance Required. 91.407(a) Operation After

Maintenance, Preventative Maintenance. Rebuilding or Alteration;

91.409(a) (2) Inspections; 91.417(a) (b) Maintenance Records

Petitioner seeks exemption from these rules due to it being an alternate inspection

requirement of 91.409(a) (2). PIC will inspect and ensure UAS is in a condition for safe

flight and adhere to all operating documents. Petitioner will perform a function test flight

in a safe environment and adhering to a maximum safe distance of 500 feet from

personnel after maintenance or altercation that may affect UAS flight operation.

10. Supplemental Information

The Petitioner has provided the following information to support these requests for rule

exemptions and personal identification:

Appendix a. DJI Phantom 3 Professional Manual Version 1.2

Appendix b. Aerospective, LLC - DJI Phantom 3 Professional Operating Standards

Appendix c. DJI Phantom 3 Professional Quickstart Guide

Appendix d. RQ-11B Training Certificate/Operator Qualification

11. Closing

The Petitioner believes that exemption from the above listed Title 14 CFRs is warranted

given the Petitioner's extensive experience in UAS equipment, maintenance, safety

record and accumulated flight hours in both fixed wing and multi-rotor Unmanned Aerial Systems.

Exemption would allow the Petitioner to operate the DJI Phantom 3 Professional for

obtaining video and photography for real estate inspections and advertising, as well as other future 

possibilities. 

Petitioner will adhere to strict safety of flight standards and procedures, ensure the privacy of 

individuals and property are properly observed, ensure only a positive environmental impact during 

flight operations compared to manned fuel flight operations, and the enhanced

economic benefit the Petitioner's business would have in this new area of aviation.
As this class of aviation has established itself and is gaining momentum, I am applying for these 

exemptions to start a new small business and be a member of this historic time in aviation. Thank 

you for your review of this matter. Please feel free to contact me at any time with request for 

additional information regarding this matter.

Sincerely,

Joseph Robert Charron 

Aerospective, LLC

3926 Harmony Church Rd.

Gainesville, GA 30507

(678) 641-3604

joe@aerospecimaging.com