AERIAL SYNDICATE LLC

Elliot B. Leboe, Founder & President

PO Box 791407

Paia, Hawaii 96779 USA

Tel: 808.283.6148

Email: elliotleboe@mac.com

September 25, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE, West Building Ground Floor, Room Wl2-140 

Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 

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

CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409 

(a)(1) and (2); 14 CFR 91.417(a) and (b) 

 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR Part 11, AERIAL SYNDICATE LLC (“AERIAL SYNDICATE” or “Applicant”), operator of Small Unmanned 

aircraft Systems (“sUAS”), hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its sUAS to perform aerial data collection and closed set 

motion picture and filming, so long as such operations are conducted within and under the conditions 

outlined herein or as my be established by the FAA as required by Section 333. 

Commercial operation sUAS, as described herein, which are equipped with cameras and sensors, would 

operate in the following manner: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, live video 

feed webcasting, public/sporting events, cinematography and news gathering. 

3. Aerial inspection/photography of residential/commercial structures and agriculture properties 

under contract with the owners or local government authority. 

4. Aerial inspections/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers.
2

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

6. The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of sUAS for the purpose of the safe 

operation of sUAS to enhance the safety of the National Airspace System (NAS) as well as for the 

protection of the persons and property. 

As described fully below, the requested exemption would permit the operation of sUAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in the industry presently using conventional 

aircraft. 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 

operation of such aircraft systems in the national airspace system.” 

The name and address of the Applicant is: 

AERIAL SYNDICATE LLC

Elliot B. Leboe, Founder & President

PO Box 791407

Paia, Hawaii 96779 USA

Tel: 808.283.6148

Email: elliotleboe@mac.com

Regulations from which the exemption is requested: 

14 CFR Part 21 Subpart H 

14 CFR 45.23(b) 

14 CFR 61.113(a) 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121

14 CFR 91.145(b)

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a) 

14 CFR 91.407(a)(1) 

14 CFR 91.409(a)(1) & (a)(2)

14 CFR 91.417(a) & (b) 
3

The sUAS are multi-rotor craft weighing no more than 55 pounds including payload. Under normal 

conditions they operate at speeds of no more than 50 knots and have the ability hover and move along 

a vertical and horizontal plane simultaneously. They will operate in line of sight and will operate within 

a closed off and predetermined area. 

Given the small size of the sUAS and the controlled environment provided, the proposed operations will

adhere to the Reform Act’s safety requirements. The approval of this application presents no national 

security issues. Regarding the level of safety surrounding the proposed operations and the public

benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, 

the grant of the requested exemption is in the public interest. Accordingly, the applicant requests that 

the FAA grant the requested exemption with minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety, because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. 

These limitations and conditions to which the Applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual 

(FOM), pursuant to Appendix B, include: 

1. The sUAS weighs less than 55 pounds, including payload. Operations requested in this petition 

for exemption are limited to the following aircraft: Hexacrafter HC-800, DJI Phantom 3 

Professional, TBS Discovery Pro, DJI Inspire 1 Pro and Freefly Alta. Proposed operations of any

other sUAS will require a new petition or an amendment.

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 

25% battery power reserve or 30 minutes of flight time whichever occurs first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer (VO) and 

may include but not limited to a Camera Operator. 

6. The sUAS PIC must hold either an airline transport, commercial, private, recreational, or sport 

pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. 

driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, 

or the Federal government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

7. A briefing will be performed regarding the planned sUAS operations prior to each day’s flight 

consisting of all the days’ production activities. 

8. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 

hours but no less than 48 hours from planned operation. 

9. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 
4

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required under the FOM. With the advanced permission of the FSDO, 

operations at closer range may be approved. 

10. The PIC and VO will have been trained in operation of sUAS and receive up-to-date information 

for the particular sUAS to be operated. 

11. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

12. Written and/or verbal permission and permits will be obtained from territorial, state, county or 

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies in 

connection with close-set filming or as otherwise required.

13. If the sUAS loses communications or loses GPS signal, the sUAS will have the capability to return 

to a pre-determined location within a designated location and land autonomously. 

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

emergencies. 

14 CFR 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 the Applicant, 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 and populated areas of the particular 

sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS 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 rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance with 

local public safety requirements. The FAA will have advance notice of all operations. These safety 

enhancements provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national security 

posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials 

or flammable liquid fuels, and inability to carry a substantial external load. 

14 CFR Part 47 Marking of the Aircraft 

All aircraft operated in accordance with this exemption must be identified by serial number, registered 

in accordance with 14 CFR Part 47, and have identification (N Number) markings in accordance with 14 

CFR Part 45, Subpart C. Markings must be as large as practicable. 
5

14 CFR § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command 

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Our sUAS do 

not carry any pilots or passengers nor property therefore we are seeking an exemption to 14 CFR 

61.113(a). 

14 CFR §91.7(a): Civil Aircraft Airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for

maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be 

provided. 

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. The sUAS, given its size and configuration 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 maintained by keeping the flight manual at the ground control point where the pilot flying 

the sUAS will have immediate access to it. 

14 CFR §91.103: Preflight Action 

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. 

14 CFR §91.109: Flight Instruction 

Section 91.103 provides 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. sUAS 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 

communications. 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. The equivalent level 

of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 
6

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

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

is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and participants in the filming 

activity, all affected individuals will be aware of the planned flight operations. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 55 pounds proposed herein 

and the lack of flammable fuel, any risk associated with these operations is far less than those presently 

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

operations of the sUAS will ensure separation between these small- 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 sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 CFR §91.145(b) Management of aircraft operations in the vicinity of aerial demonstrations and 

major sporting events

CFR 91.145 states: 

(b) In deciding whether a temporary flight restriction is necessary for an aerial demonstration or major 

sporting event not listed in paragraph (a) of this section, the FAA considers the following factors: 

(1) Area where the event will be held. 

(2) Effect flight restrictions will have on known aircraft operations. 

(3) Any existing ATC airspace traffic management restrictions. 

(4) Estimated duration of the event. 

(5) Degree of public interest. 

(6) Number of spectators. 

(7) Provisions for spectator safety. 

(8) Number and types of participating aircraft. 

(9) Use of mixed high and low performance aircraft. 

(10) Impact on non-participating aircraft. 
7

(11) Weather minimums. 

(12) Emergency procedures that will be in effect. 

If AERIAL SYNDICATE intends to use the sUAS to cover sporting events from outside the activity, 

coordination will be completed by contacting the FSDO prior to the event to ascertain the presence of 

any other unmanned activities. Flight activity will be conducted based on safety and with particular 

attention to the avoidance of overflight of large concentrations of people. However, specific relief from 

this regulation is still necessary to ensure compliance with FARs.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 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 sUAS provides approximately 30 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 

minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight 

VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed 

of the small UAS. Additionally, limiting sUAS flights 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 25% of battery power— whichever happens first. This 

restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere 

in its limited operating area. 

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 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. 
8

The sUAS fully loaded weighs no more than 55 pounds and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display them on 

the sUAS. 

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, to the extent they are applicable to

the sUAS. 

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. 

Given that these section 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 operator pursuant to 

the flight manual and operating handbook. An equivalent level of safety will be achieved because these 

small UASs are very limited in size and will carry a small payload and operate only in restricted areas for 

limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating 

from no higher than 400 feet AGL. The operator will ensure that the sUAS is in working order prior to 

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

Moreover, the operator is the person most familiar with the aircraft and 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 in 

accordance with the sUAS Manufacturer's Manual, as referenced in “Appendix A – Aircraft 

Manuals/Specifications”. As provided in the FOM, the operator will ensure that the sUAS is in working 

order prior to initiating flight and perform required maintenance needed. 

Sincerely, 

Elliot B. Leboe

Founder & President, AERIAL SYNDICATE LLC

Appendix A – Aircraft Manuals/Specifications: AERIAL SYNDICATE sUAS Fleet

Appendix B – Flight Operations Manual (FOM): AERIAL SYNDICATE sUAS Fleet

Appendix C – Maintenance & Inspection Manual: AERIAL SYNDICATE sUAS Fleet

Appendix D – Motion Picture & Television Operations Manual (MPTOM) – AERIAL SYNDICATE
9

Appendix A – Aircraft Manuals/Specifications: AERIAL SYNDICATE sUAS Fleet

Links are included below to manuals/specifications for each aircraft included in the AERIAL SYNDICATE 

sUAS fleet:

Aircraft: DJI Phantom 3 Professional

 Quick Start Guide (EN) v1.2 – http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en_v1.2.pdf

 User Manual (EN) v1.4 – http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf

 Safety Guidelines and Disclaimer – http://download.djiinnovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en_201509.pdf

Aircraft: DJI Inspire 1 Pro

 Quick Start Guide (EN) v1.4 – http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_v1.4_en.pdf

 User Manual (EN) v1.4 – http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

 Safety Guidelines – http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.pdf

 Maintenance Manual – http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.pdf

Aircraft: Hexacrafter HC-800

 Product Manual – http://www.hexacrafter.com/index.php?controller=attachment&id_attachment=9>PDF

 Specifications – http://www.hexacrafter.com/index.php?controller=attachment&id_attachment=15>pdf

Aircraft: TBS Discovery Pro 

 Manual – http://www.team-blacksheep.com/tbs-discovery-pro-manual.pdf

Freefly Alta 

 User Manual – http://d27w8s76bjlz9v.cloudfront.net/wpcontent/uploads/2015/07/28175748/ALTA_Manual_RevB.pdf

 Starter Guide – http://d27w8s76bjlz9v.cloudfront.net/wp-content/uploads/2015/07/24212006/FFASG.pdf
10

Appendix B – Flight Operations Manual (FOM): AERIAL SYNDICATE sUAS Fleet

Please note that this version does not contain Appendix B referenced in the submission because it 

contains AERIAL SYNDICATE’s commercial proprietary information and trade secrets. AERIAL SYNDICATE 

submits this appendix as a Confidential document under 14 CFR 11.35(b). AERIAL SYNDICATE has not 

and will not share that information with others unless under appropriate confidentiality agreements. 

The content in Appendix B is protected from release under the Freedom of Information Act Sec. 5 U.S.C. 

552 et seq.
11

Appendix C – Maintenance & Inspection Manuals: AERIAL SYNDICATE sUAS Fleet

Please note that this version does not contain Appendix C referenced in the submission because it 

contains AERIAL SYNDICATE’s commercial proprietary information and trade secrets. AERIAL SYNDICATE 

submits this appendix as a Confidential document under 14 CFR 11.35(b). AERIAL SYNDICATE has not 

and will not share that information with others unless under appropriate confidentiality agreements. 

The content in Appendix C is protected from release under the Freedom of Information Act Sec. 5 U.S.C. 

552 et seq.
12

Appendix D – Motion Picture & Television Operations Manual (MPTOM) – AERIAL SYNDICATE

Please note that this version does not contain Appendix D referenced in the submission because it 

contains AERIAL SYNDICATE’s commercial proprietary information and trade secrets. AERIAL SYNDICATE 

submits this appendix as a Confidential document under 14 CFR 11.35(b). AERIAL SYNDICATE has not 

and will not share that information with others unless under appropriate confidentiality agreements. 

The content in Appendix D is protected from release under the Freedom of Information Act Sec. 5 U.S.C. 

552 et seq.