UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVE., SE

WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Advanced Aerial Photography, Inc

FOR AN EXEMPTION SEEKING RELIEF FROM 

THE REQUIREMENTS OF THE FAA REFORM ACT AND 

PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted	on	February	10,	2016

Advanced Aerial	Photography,	Inc

James	N.	Hutchens

9811	W.	Hackamore	Dr.

Boise	Id	83709

Jimhutchens1@icloud.com
INTRODUCTION AND	INTERESTS	OF	THE	PETITIONER

Dear	Sir	or	Madam:

Pursuant	 to	 Section	 333	 of	 the	 FAA	 Modernization	 and	 Reform	 Act	 of	 2012	 (the	

“Reform	Act”)	and	14	C.F.R.	Part	11,	Advanced	Aerial	Photography,	Inc, Operator	of	

Small	 Unmanned	 Aircraft	 Systems	 (“sUAS’s”)	 equipped	 to	 offer	 on-demand	

commercial	UAS	operations	for	a	host	of	industries	and	applications and	to	perform	

the	purposes	listed	below, hereby	applies	for	an	exemption	from	the	listed	Federal	

Aviation	Regulations	 (“FARs”)	 to	allow	commercial	operation	of	its	sUAVs/UAS,	so	

long	 as	 such	 operations	 are	 conducted	 within	 and	 under	 the	 conditions	 outlined	

herein	or	as	may	be	established	by	 the	FAA	in	an	exemption	granted	under	either	

Section	333	or Section	49	U.S.C.	§44701(f)	

As	 described	 more	 fully	 below,	 the	 requested	 exemption	 would	 permit	 the	

operation	 of	 a	 UAS	 under	 controlled	 conditions	 in	 airspace	 that	 is	 1)	 limited;	 2)	

predetermined;	and	3)	would	provide	safety	enhancements	in	the	fields	in	which	it	

will	 operate,	 which	 now	 depend	 upon	 conventional	 aircraft	 or	 humans	 climbing	

high	 on	 dangerous	 structures,	 walking	 in	 insect	 laden	 swamps,	 and	 working	

adjacent	 to	 treacherous	infrastructure. 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.”	 Section	 333(c)	 of	 the	

Reform	Act.1

Executive	Summary

Petitioner	 has	 identified	 four	 previous	 approved	 exemptions for	 each	 of	 the	

Petitioners	FAA	submission	requests:

• Commercial	(mission/operation)	purposes;

• Type	of	sUAVs	(UAS);

• Title	14	Exemptions

Description	of	Type,	Make	and	Models	of	sUAV/UAS	Requested:

The	petitioner	is	seeking	an	exemption	 to	commercially	operate	sUAVs	makes	and	

models	as	follows:	

																																																							 1 Advanced Aerial Photography Inc relies	upon	the	following	exemptions	where	

specific	reference	to	an	exemption	is	not	provided:	Exemptions	11062	thru	11067,	

11080,	11109	through	11112,	11114,	11213,	11062	and	as	recent	as	11857.
DJI-F450

DJI-F550

DJI	- Inspire	1

DJI	– Matrice	100

DJI	- Phantom	2

DJI	- Phantom	3 (PRIMARY)

DJI	– Spreading	Wings	S800

DJI	– Spreading	Wings	S900

DJI	– Spreading	Wings		S1000

Yuneec	- Tornado	H920

Yuneec	- Typhoon	Q500

Sensefly	– Ebee

Sensefly	– Exom

Each	 separately	 weighs	 55	 lbs.	 or	 less,	 with	 imaging	 payload	 and	 applicable	

equipment.

Commercial	(Mission,	Operation)	Purpose:	

This	exemption	request, once	granted	would	allow	the	petitioner	to	operate	a	small	

unmanned	aerial	vehicle	(sUAV),	unmanned	aircraft	system	(UAS)	to	conduct	bridge	

Inspections,	flare	stack	inspection,	utility-power	generation	system	inspections	and	

patrolling,	 aerial	 inspection,	 photography	 and	 videography	 of	 residential	 and	

commercial	 real	estate,	weddings,	aerial	inspection,	photography	and	 videography	

of	 utility	 infrastructure	 including	 but	 not	 limited	 to	 electrical	 power	 lines,	 wind	

turbines	 and	 cell	 towers,	 pipeline	 inspection	 and	 patrolling,	 filmmaking,	

cinematography,	 and	 videography,	 precision	 agriculture	 with	 on	 board	 sensors,	

wildlife	and	 forestry	monitoring and	mosquito	and	insect	control, aerial	surveying,	

construction	site	inspection	and	monitoring,	public	entity	support	operations,	Aerial	

imaging	 for	 safety,	 monitoring	 and	 comparing	 work	 efforts	 and	 completion	

percentages,	 and	 security	 of	 controlled	 environment	 of	 various	 sites,	 aerial	 video	

and	live	video	feed	to	assist	with	search	and	rescue	operations	under	the	authority	

and	support	of	local	authority	officials,	aerial	video	and	photography	for	public	and	

private	 use	 including	 television,	 public	 events,	 and	 cinematography	 live	 feed	 and	

live	newsgathering,	training	to	persons	individually	or	belonging	to	both	private	and	

public	 organizations	 to	 increase	 awareness	 and	 improve	 safety	 for	 current	 and	

future	 UAS	 operations	 within	 the	 NAS,	 special events:	 including	 high	 schools,

colleges,	professional	sports,	open	air	events	and	 fairs,	 research,	 risk	management	

and	 assessment,	 motion	 picture	 production,	 surface	 mining,	 closed	 set	 filming,

disaster	and	catastrophe	events.
Regulations	from	which	the	Exemption	Relief	is	requested:

14	C.F.R.	§	61.113	(a)	&	(b)

14	C.F.R.	§	61.133(a)

14	C.F.R.	§	91.7(a)

14	C.F.	R.§	91.119

14	C.F.R.	§	91.121

14	C.F.R.	§	91.151	(a)

14	C.F.R.	§	91.405	(a)

14	C.F.R.	§	407	(a)	(1)

14	C.F.R.	§	409	(a)	(2)

14	C.F.R.	§	417	(a)	&	(b)
The	name	and	address	of	the	Petitioner:

James	N.	Hutchens

9811	W.	Hackamore	Dr.

Boise	Id	83709

Please	direct	any	question	or	comment	regarding	this	petition	to:

James	N.	Hutchens

9811	W.	Hackamore	Dr.

Boise	Id	83709

The	Petitioner, Advanced	Aerial	Photography,	 Inc is under	Jim	Hutchens direction.	

James	 Hutchens is	 a highly	 accomplished,	 capable,	 experienced	 and	 trusted

professional	pilot.

Commitment	to	Safety

As	part	of	its	commitment	 to	safety	and	innovation,	Advanced	Aerial	Photography,	

Inc is	asking	for	this exemption	in	part,	to	reduce	the	risk	of	injury	to its	employees	

and	contractors	who	participate	in	 the proposed	activities	 the	petitioner	 requests,	

including	 but	 not	 limited	 to	 damage	 to	 agriculture,	 natural	 habitat,	 buildings	 and	

other	structures	within	the	United States.	

The	Exemption	Request

Advanced	Aerial	Photography,	Inc proposes the	use	of	the	sUAVs	will	be	for capture	

of	high	resolution	imagery	and	video	of	residential	or	commercial	applications	and	

purposes	 to	 a	 level	 of	 quality	 that	 allows	 the	 Petitioner	 to	 use	 the	 imagery	 to	

identify,	record,	memorialize	events	and	objects	according	to	the	purposes	noted.	

The	 imagery	 and	 video	 will	 be	 used	 to	 identify	 the	 condition	 of	 landscapes,	

agriculture,	events,	disasters	and	infrastructure	to	conduct	bridge	inspections,	flare	

stack	inspection,	utility-power	generation	system	inspections	and	patrolling,	aerial	

inspection,	photography	and	videography	of	residential	and	commercial	real	estate,	

weddings,	aerial	inspection,	 photography	and	 videography	 of	 utility	infrastructure	

including	 but	 not	 limited	 to	 electrical	 power	 lines,	 wind	 turbines	 and	 cell	 towers,	

pipeline	 inspection	 and	 patrolling,	 filmmaking,	 cinematography,	 and	 videography,	

precision	 agriculture	 with	 on	 board	 sensors,	 wildlife	 and	 forestry	 monitoring and	

mosquito	 and	 insect	 control, aerial	 surveying,	 construction	 site	 inspection	 and	

monitoring,	public	entity	 support	 operations,	aerial	imaging	 for	 safety,	monitoring	

and	comparing	work	efforts	and	completion	percentages,	and	security	of	controlled	

environment	of	various	sites,	aerial	video	and	live	video	 feed	 to	assist	with	search	
and	 rescue	 operations	 under	 the	authority	and	 support	 of	local	authority	 officials,	

aerial	video	and	photography	for	public	and	private	use	including	television,	public	

events,	 and	 cinematography	 live	 feed	 and	 live	 newsgathering,	 training	 to	 persons	

individually	 or	 belonging	 to	 both	 private	 and	 public	 organizations	 to	 increase	

awareness	 and	 improve	 safety	 for	 current	 and	 future	 UAS	 operations	 within	 the	

NAS,	 special	 events:	 including	 high	 schools,	 colleges,	 professional	 sports,	 open	 air	

events	 and	 fairs research,	 risk	 management	 and	 assessment,	 motion	 picture	

production,	surface	mining,	closed	set	filming,	disaster	and	catastrophe	events.

The	UAS	will	be operated	by Advanced	Aerial	Photography,	Inc and	or	contracting	

operators on	occasion	to	capture	high-resolution	imagery/video	of	large	structures	

(wide	 and	 tall)	 such	 as	 warehouses,	 high	 rise buildings,	 bridges,	 and	 construction	

sites,	as	well	as	“bird’s	eye”	views	of	fire	and	explosion sites. Given	the	small	size	of	

the sUAVs	 involved,	 no	 more	 than	 55 lbs.,	 majority	 of	 the	 speed	 of	 operation	 be	

between	5-15	mph and	the	restricted	environment	within	which	they	will	operate,	

the	Petitioner 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.

This	exemption	application	is	submitted	 to	 fulfill	Congress’	express	goal	in	passing

Sections	 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’ size,	weight,	speed,	and	operational	capability;

• Operation	of	the	UAS	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).	 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)	(emphasis	added).2

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: The	 Administrator	 may	 grant	 an	

																																																							 2 Applicant	interprets	this	provision	to	place	a	duty	on	the	Administrator	to	not	only	

process	applications	for	exemptions	under	section	333,	but	for	the	Administrator	to	

craft	conditions	for	the	safe	operation	of	the	UAS,	if	it	should	be	determined	that	the	

conditions	set	forth	herein	do	not	fulfill	the	statutory requirements	for	approval.
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. 49	U.S.C.	 §44701(f).	 See	 also	 49	USC	

§44711(a);	 49	 USC	 §44704;	 14	 CFR	 §91.203(a)(1) This	 authority	 to	 grant	

exemptions	reaches	such	issues	as	authorization	of	commercial operation	of	aircraft	

without	an	FAA	issued	pilot’s	license.

Advanced	 Aerial	 Photography,	 Inc in	 filing	 this	 application	 is	 requesting	 that	 the	

FAA	combine	the	grant	of the	Section	333	exemption	with	a	standard	Certificate	of	

Operation	 (COA)	 that	 will	 allow commercial	 operations	 of	 its	 Advanced	 Aerial	

Photography,	 Inc sUAV without	 the	 necessity	 of	 filing	 for	 a	 COA	 for	 each flight,	

unless	 such	 flight	 is	 to	 be	 conducted	 in	 an	 area	 not	 approved	 in	 the	 exemption.

Compliance	with	 the	 conditions	agreed	 to	 herein	and	 that	may	 be	imposed	 by	 the	

FAA,	 as	 set forth	in	 prior	 Section	 333	 exemptions,	 provide	 the	 separation	 needed	

from	other	aircraft.

In	addition,	given	that	all	operations	will	be	conducted	below	400	AGL	 feet	and	no	

closer than	5	nautical	miles	of	 the	geographic	center	of	an	airport	as	denoted	on	a	

current	 FAA published aeronautical	 chart,	 unless	 a	 letter	 of	 agreement	 with	 that	

airport’s	management	is obtained,	Advanced	Aerial	Photography,	 Inc requests	 that	

operations	over	congested	or	densely	populated	areas	be allowed.	The	new sUAVs	

do have	GPS	geo-fencing,	it	will	operate	at	a	very	low	altitude,	within confined	areas,	

at	low	speed	and	weighs	no	more	 than 55 lbs. Such	operations	will	only	be undertaken	 with	 the	 approval	 of	 the	 land	 or	 home	 owner,	 as	 set	 forth	 herein,	 and	 will	

comply with	 the	 requirements	 that	 operations	 be	 no	 closer	 than	 500	 feet	 to	 the	

adjacent	building	unless the	land	owner	has	provided	permission,	and	the	Operator	

has	made	a	safety	assessment	of the	risk	from	such	operations.	

Operator	Requirements

Given	 the	 sUAV proposed	 by	Advanced	 Aerial	 Photography,	 Inc,	 Operators	 should	

not	 be	 required	 to	 hold	 a private	 pilot	 license.	Advanced	 Aerial	 Photography,	 Inc

believes	that	1)	the	operator,	instead	of	understanding	how to	operate	a	passenger	

carrying	 aircraft,	 should	 have	 knowledge	 and	 experience	 that	 enables the	 safe	

operation	of	a	small,	remotely	piloted	sUAV	should	understand	airspace	restrictions

and know	how	to	ensure	separation	from	other	aircraft	as	well	as	non-participants	

and	property;	2)	the sUAV has	built-in	technical	capabilities	that	limit	the	potential	

for	unsafe	operation	and 3)	there	are	other	security	screening	mechanisms	already	

in	 existence	 that	 Advanced	 Aerial	 Photography,	 Inc will utilize	 to	 ensure	 the	

operators	are	acting	consistently	with	national	security	interests.	

Given	 the	 sUAV safety	 features	 outlined	 below,	Advanced	 Aerial	 Photography,	 Inc

proposes	that	its operations	under	this	Exemption	request	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	Advanced	Aerial	Photography,	Inc training	program	for	

operation	of	the	UAS.

Advanced	 Aerial	 Photography,	 Inc notes	 that	 1)	 the	 FAA	 has	 found	 that	 safety

factors	permitted	operation	of	sUAVs	by	Operators	with	 these	qualifications	in	 the	

case	 of	 operations	 pursuant	 to	 public	 COAs when	 the	 mandatory	 operating	

conditions	 specified	 above	 were	 present; and	 2)	 that	 the	 Notice of	 Proposed	

Rulemaking	 entitled	 Operation	 and	 Certification	 of	 Small	 Unmanned	 Aircraft

Systems,	80	F.R.	9544	(February	23,	2015)	(“NPRM”),	does	not	require	the	operator	

to	hold	a private	pilot	license	or	a	third	class	medical.

Advanced	sUAVs have a	navigation	and	control	system	and	auto-pilot	that	allows it	

to execute	 very	 accurate	 pre-programed	 flights.	 Flights	 are	 pre-programmed	 with	

GPS	 waypoint	to	 establish	 perimeters	 beyond	 which	 the	 aircraft	 will	 not	 operate.	

Flights	under	auto-pilot	are not	directed	by	positive	manual	input,	but	through	preprogrammed	 flight	 parameters	 that	 are executed	 by	 the	 auto-pilot.	 In	 the	 case	 of	

unplanned	events,	the	Operator	inputs	preprogrammed evasive	maneuvers	from	the	

control	 unit,	 and	 the	 autopilot	 executes	 those maneuvers.	 Pre-programmed	

Operator	interventions	include:	initiation	of	holding	at	present position;	suspension	

of	 mission;	 fly	 back	 to	 launch	 point;	 abort	 mission	 and	 land	 immediately; and	

emergency	 power	 cut	 off	 and	 land	 (flight	 termination	 system). Additional	

automated	 safety	 functions	 and	 safety	 enhancing	 features	 of	 the	 advanced	 sUAVs

may	include	the	following:

1)	 Auto-pilot	 detection	 of	 lost	 GPS	 or	 of	 insufficient	 satellites	 initiates	 an	

immediate landing,	

2)	 Low	power	on	the	aircraft	triggers	escalating	alarms	at	GCS	at	35%	and	10%	

levels. Low	power	below 10%	triggers	an	immediate	landing,	

3)	 If	the	auto-pilot	detects	a	lost-link	to	the	ground	controller,	the	UAS	will	hold	

position at	its	current	location	for	5	seconds	and	if	the	signal	is	not	restored,	

execute	a	return to	home	and	land,	

4)	 Redundant	“kill	switches”	that	enable	completely	shutting	the	aircraft	down	

in	flight	in the	event	of	a	loss	of	control	or	un-commanded	deviation	from	the	

flight	path,	

5)	 The	aircraft,	weighs less	than	55	lbs.,	fully	loaded,	

6)	 The	motors	are	driven	by	pulse	width	modulated	signals,	not	analog	signals,	

7)	 The	 aircraft	 will	 operate	 for	 the	 Purposes	 at	 no	 more than	 30 mph (while	

imaging)	 nor above	 200	 feet	 above	 the	 structure	 (imaging	 altitude)	 or	 a	

maximum	of	400	feet AGL.

See	 Federal	 Aviation	 Administration,	 Notice	 N-8900.227,	 Unmanned	 Aircraft	

Systems	 (UAS) Operational	 Approval,	 at	 20-21	 (July	 30,	 2013);	 As	 the	 FAA	 has	

determined	in	Exemptions	11062	thru	11067,11080	and	11110	(the “Exemptions”),	

in	 comparing	 the	 requirements	 for	 private	 pilot	 knowledge	 and	 the	 knowledge	
required	 for	 a	 commercial	 pilot,	 that	 knowledge	 associated	 with	 a	 private	 pilot	

license, and therefore	 private	 pilot	 ground	 school,	 was	 sufficient	 to	 allow private	

pilots	to	operate	sUAVs under	those	exemptions.	

Based	 upon	 that	 analysis,	 Advanced	 Aerial	 Photography,	 Inc believes	 successful

completion	 of	 FAA	 private	 pilot	ground	 school	is	a	 suitable predicate	 to	 operating	

the	sUAV	under	this	exemption. Advanced	Aerial	Photography,	Inc proposes	that	the	

Operator	accumulate	 required	sUAV flight	 training hours	 through	 the	operation	of	

sUAVs	 rather	 than	 flight	 hours	 in	 conventional	 aircraft.	 Those hours	 are	 more	

relevant	to	the	operations	proposed	herein	than	hours	gained	in	obtaining	a private	

pilot’s	 certificate	 in	 conventional	 or	 rotor	 aircraft.	 Those	 aircraft	 are	 orders	 of	

magnitude heavier	 than	 the	 sUAS	 and	 carry	 not	 only	 the	 pilot	 himself,	 but	 also	

passengers	 and	 fuel,	 none of	 which	 is	 carried	 in	 the	 sUAS.	 These	 conventional	

aircraft	 fly	 over	 all	 sorts	 of	 airspace	 without the	 permission	 or	 knowledge	 of	 the	

landowner.	

A	handheld	radio	controller	controls	the	sUAV and	the	vehicle	is	operated	within	the	

line	 of	 sight.	 The	 requirements	 of	 Part	 61.127 (commercial	 flight	 proficiency)	 and	

§61.107	 (private	 flight	 proficiency),	 to	 the	 extent	 they	 are relevant	 to	 UAS	

operations,	 can	 be	 taught	 in	 the	 training	 proposed	 herein.	 As	 a	 review	 of	 the	

requirements	 of	 part	 61.127	 and	 107	 demonstrate,	 the	 issues	 presented	 as	 they	

relate	 to	 a	 55-pound aircraft,	 operating	 at	 less	 than	 30	 mph during	 filming	

operations	 are	 those	 taught	 in ground	 school	 and	 in	 flight	 training	 with	 the	

particular	 UAS	 and	 not	 gained	 from	 accumulating flight	 hours	 in	 a	 fixed	 wing	 or	

rotorcraft	 gas	 or	 jet	 A	 powered	 aircraft	 completing	 cross	 country flights	 and	 take	

offs	and	landings	at	controlled	and	uncontrolled	airports.

As	 to	 national	 security	 review	 of	 pilots,	each	 of	Advanced	Aerial	 Photography,	 Inc

pilots/operators	 will	 obtain	 internally	 provided	 certified	 training	 (Ground	 and	

Practical)	from	Advanced	Aerial	Photography,	Inc to	operate the	sUAV.	This	review

and	certification could	reasonably vet	the	Operators	against	any	known	terrorist	or	

no	fly	listings	that	are	relevant and	publically	available.

Aircraft	and	Equivalent	Level	of	Safety

The	Petitioner proposes	that	the	exemption	requested	herein	apply	to	civil	aircraft	

that	 have	 the	 characteristics	 and	 that	 operate	 with	 the	 limitations	 listed	 herein.	

These	limitations provide	for	at	least	an	equivalent	or	even	higher	level	of	safety	to	

operations	under	the	current regulatory	structure	because	the	proposed	operations	

represent	 a	 safety	 enhancement	 to	 the operations	 conducted	 with	 conventional	

aircraft	 or	 with	 humans	 climbing	 up	 and	 around structures.	 These	 conditions	 are	

drawn	 from	 Exemptions	 11136,	 11138,	 11172,	 11174	 and 11177,	 11062,	 11109,	

11112,	and	11213 and	as	recent	as	11857.
These	 limitations	 and	 conditions	 to	 which	 Advanced	 Aerial	 Photography,	 Inc

(referred	 to	 as	 “Operator”)	 agrees	 to	 be	 bound	 when	 conducting	 commercial	

operations	under	an	FAA	issued	exemption include:

1) Operations	authorized	by	 this	grant	of	exemption	are	limited	 to	

the	aircraft	described	in	the	Operator’s manual,	which	is	a	multirotor weighing	 up to	 55 pounds. Proposed	 operations	 of	 any	

other	aircraft	will require	a	new	petition	or	a	petition	to	amend	

this	grant.

2) The	UA	may	not	be	flown	at	an	indicated	airspeed	exceeding	30

mph (10 mph during	inspections).

3) The	UA	must	be	operated	at	an	altitude	of	no	more	than	400	feet	

above	 ground level	 (AGL),	 as	 indicated	 by	 the	 procedures	

specified	in	the	Operator’s	manual. All	altitudes	reported	to	ATC	

must	be	in	feet	AGL.

4) The	UA	must	be	operated	within	visual	line	of	sight	(VLOS)	of	the	

Aircraft Operator	at	all	times.	This	requires	the	Aircraft	Operator	

to	be	able	to	use	human vision	unaided	by	any	device	other	than	

corrective	lenses.

5) The	Exemption	Holder’s	Manuals	must	be	amended	to	include	all	

conditions	 and limitations	 required	 by	 the	 FAA.	 The	 Manuals	

must	 be	 maintained	 and	 made available	 to	 the	 Administrator	

upon	request.	If	a	discrepancy	exists	between	the conditions	and	

limitations	in	the	exemption	and	the	procedures	outlined	in	the

Exemption	 Holder’s	 Operator’s	 manual,	 the	 conditions	 and	

limitations	 in	 the exemption	 take	 precedence	 and	 must	 be	

followed.	 Otherwise,	 the	 Aircraft Operator	 must	 follow	 the	

procedures	 as	 outlined	in	its	 Aircraft’s	manual. The	 Exemption	

Holder	 may	 update	 or	 revise	 its	 Manuals.	 It	 is	 the	 Exemption

Holder’s	 responsibility	 to	 track	 such	 revisions	 and	 present	

updated	 and	 revised documents	 to	 the	 Administrator	 upon	

request.	 The	 Exemption	Holder	must	 also present	 updated	 and	

revised	documents	if	it	petitions	for	an	extension	or amendment	

of this	exemption.	 If	 the	Exemption	Holder	determines	 that	any

update	 or	 revision	 would	 affect	 the	 basis	 upon	 which	 the	 FAA	

granted	 this exemption,	 then	 the	 Exemption	 Holder	 must	

petition	for	amendment	to	its exemption.

6) Prior	to	each	flight,	the	Aircraft	Operator	must	inspect	the	UAS	to	

ensure	it	is	in	a condition	for	safe	flight.	If	the	inspection	reveals	

a	condition	that	affects	the	safe operation	of	the	UAS,	the	aircraft	

is	 prohibited	 from	 operating	 until	 the	 necessary maintenance	
has	been	performed,	and	the	UAS	is	found	to	be	in	a	condition	for

safe	 flight.	 The	Ground	 Control	Station	must	 be	included	in	 the	

preflight inspection.	 All	 maintenance	 and	 alterations	 must	 be	

properly	documented	in	the aircraft	records.

7) Any	 UAS	 that	 has	 undergone	 maintenance	 or	 alterations	 that	

affect	 the	 UAS operation	 or	 flight	 characteristics,	 e.g.,	

replacement	 of	 a	 flight	 critical	 component, must	 undergo	 a	

functional	test	flight	in	accordance	with	the	Exemption	Holder’s

Manuals.	The	Aircraft	Operator	who	conducts	the	functional	test	

flight	 must	 make an	 entry	 in	 the	 UAS	 aircraft	 records	 of	 the	

flight.	 The	 requirements	 and procedures	 for	 a	 functional	 test	

flight	and	aircraft	record	entry	must	be	added	to the	Exemption	

Holder’s	Operator’s	manual.

8) The	 Exemption	 Holder	 must	 follow	 the manufacturer’s	 UAS	

aircraft/component, maintenance,	 overhaul,	 replacement,	

inspection,	and	life	limit	requirements,	with particular	attention	

to	 flight	 critical	 components	 that	 may	 not	 be	 addressed	 in	 the

manufacturer’s	manuals.

9) The	 Exemption	 Holder	 must	 carry	 out	 its	 maintenance,	

inspections,	 and	 record keeping	 requirements	 in	 accordance	

with	 the	 Operator’s	 Manuals.	 Maintenance, inspection,	 and	

alterations	must	be	noted	in	the	aircraft	logbook,	including	total

flight	hours,	description	of	work	accomplished,	and	the	signature	

of	the authorized	technician	returning	the	UAS	to	service.

10) The	authorized	technicians	must	receive	and	document	training	

referenced	in	the Exemption	Holder’s	Manuals.

11) Each	UAS	 operated	 under	 this	 exemption	must	 comply	with	 all	

manufacturer System	and	Safety	Bulletins.

12) The	 Exemption	 Holder’s	 maintenance	 personnel	 must	 make	 a	

record	entry	in	 the UAS	logbook	or	equivalent	document	of	 the	

corrective	 action	 taken	 against discrepancies	 discovered	

between	inspections.

13) Prior	to	commencing	operations,	the	Aircraft	Operator	shall	have	

logged	at	least 25	hours	of	total	time	as	a	UA	rotorcraft	pilot	and	

at	least	ten	hours	logged	as	a UA	pilot	with	a	similar	UA	type	and	

5	hours	in	the	make	and	model.

14) If	 the	UAS	loses	communications	or	loses	its	GPS	signal,	 the	UA	

must	 return to	a	 pre-determined	location	within	 the	 private	 or	
controlled-access	 property and	 land	 or	 be	 recovered	 in	

accordance	with	the	Exemption	Holder’s	Manuals.

15) The	 Aircraft	 Operator	 must	 abort	 the	 flight	 in	 the	 event	 of	

unpredicted	 obstacles or	 emergencies,	 including	 unauthorized	

people	 entering	 the	 flight	 area,	 in accordance	 with	 the	

Exemption	Holder’s	Manuals.

16) The	Aircraft	Operator	is	prohibited	 from	beginning	a	UAS	 flight	

unless (considering	wind	and	forecast	weather	conditions)	there

is	enough	power	to	fly to	the	first	point	of	intended	landing	and,	

assuming	normal	cruising	speed,	 to	 fly after	 that	 for	at	least	10	

minutes.

17) All	aircraft	operated	in	accordance	with	 the	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.

18) Before	 conducting	 operations,	 the	 radio	 frequency	 spectrum	

used	 for operation	and	control	of	 the	UA	must	comply	with	 the	

Federal Communications	 Commission	 (FCC)	 or	 other	

appropriate	government oversight	agency	requirements.

19) The	documents	required	under	14	CFR	91.9	and	91.203	must	be	

available	 to the	 Operator	 at	 the	 Ground	 Control	 Station	 of	 the	

UAS	any time	the	aircraft	is operating.	These	documents	must	be	

made	 available	 to	 the	 Administrator	 or any	 law	 enforcement	

official	upon	request.	

20) The	UA	must	remain	clear	and	yield	the	right	of	way	to	all	other	

manned operations	and	activities	at	all	times	(including,	but	not	

limited	 to,	 ultra-light vehicles,	 parachute	 activities,	 parasailing	

activities,	hang	gliders,	etc.).

21) The	UA	may	not	be	operated	by	 the	Aircraft	Operator	 from	any	

moving	device	or vehicle.

22) UAS	operations	may	not	be	conducted	during	night,	as	defined	in	

14	CFR	1.1.

23) All	 operations	 must	 be	 conducted	 under	 visual	 meteorological	

conditions	 (VMC). The	 UA	 may	 not	 be	 operated	 less	 than	 500	

feet	 below	 or	less	 than	 2,000	 feet horizontally	 from	 a	 cloud	 or	

when	visibility	is	less	than	3	statute	miles	from the Operator.
24) During	 operations	 the	 UA	 may	 not	 operate	 within	 5	 nautical	

miles	 of	 the geographic	 center	 of	 an	 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	 in	 accordance	 with	 a	 NOTAM,	 if	 as

required	by	the	Operator’s	COA.	The	letter	of	agreement	with	the	

airport management	 must	 be	 made	 available	 to	 the	

Administrator	upon	request.

25) The	 UA	 may	 not	 be	 operated	 over	 congested	 or	 densely	

populated	areas	unless the	conditions	set	for	in	#26	are	satisfied.	

These	populated	areas	include	but are	not	limited	to	the	yellow	

areas	 depicted	 on	 World	 Aeronautical	 Charts (WAC),	 Sectional	

Aeronautical	Charts	(Sectionals),	or	Terminal	Area	Charts (TAC).	

However,	 aeronautical	 charts	 may	 not	 reflect	 pertinent	 local	

information. Ultimately,	 it	 is	 the	 Operator’s	 responsibility	 to	

maintain	 the	 minimum	 safe altitudes	 required	 by	 §	 91.119	 (d)	

(1).

26) Flight	 operations	 must	 be	 conducted	 at	 least	 500	 feet	 from	 all	

nonparticipating persons,	 vessels,	 vehicles,	 and	 structures	

unless:

a. Barriers	 or	 structures	 are	 present	 that	 sufficiently	 protect

nonparticipating	 persons	 from	 debris	 in	 the	 event	 of	 an	

accident.	 The Aircraft	 Operator	 must	 ensure	 that	

nonparticipating	persons	remain under	such	protection.	If	a	

situation	arises	where	nonparticipating persons	leave	such	

protection	 and	 are	 within	 30	 feet	 of	 the	 UA,	 flight

operations	must	cease	immediately	and/or;

b. The	aircraft	is	operated	near	vessels,	vehicles	or	structures	

where the	 land	 owner/controller	 has	 granted	 permission	

and/or	the	Aircraft	Operator	has	made	a	safety	assessment	

of	the	risk	of operating	closer	to	those	objects	and;

c. Operations	 near	 the	 Aircraft	 Operator	 do	 not	 present	 an	

undue	hazard to	the	Operator	per	§	91.119(a).

27) All	 operations	 shall	 be	 conducted	 over	 private	 or	 controlledaccess	property with	permission	from	the	land	owner/controller	

or	 authorized	 representative. Permission	 from	 land	

owner/controller	or	authorized	representative	will	be obtained	

for	each	flight	to	be	conducted.

28) Any	incident,	accident,	 or	 flight	 operation	 that	 transgresses	 the	

lateral	or	vertical boundaries	of	 the	operational	area	as	defined	
by	 the	 applicable	 COA	 must	 be reported	 to	 the	 FAA’s	 UAS	

Integration	Office	 (AFS-80)	within	 24	 hours. Accidents	must	 be	

reported	 to	 the	 National	 Transportation	 Safety	 Board	 (NTSB)

per	instructions	contained	on	the	NTSB	Web	site:	www.ntsb.gov.

Specific	Uses	Public	Benefits	

Advanced	Aerial	Photography,	Inc proposes	use	of	its	sUAV provided	equivalent	or	

augmented	levels	of safety	for	each	of	the	uses	proposed	herein:

The	 present	 systems	 of	 photography	 and	 videography	 and	 mapping	 of	 inspecting	

the	 roofs,	 agriculture	 land,	 buildings	 and	 large structures	 site	 surveys,	 wild	 life	

monitoring,	 mosquito	 and	 insect	 control	 are	 now	 conducted	 by	 either	 a	 person

wading	 through	 swamps,	 climbing	 on	 the	 roofs and	 structures	 that	 are	 steep,	 tall,	

slippery,	weakened	or	otherwise	hazardous	or	by	the	use	of conventional	aircraft.	

The	 current	 procedures	 can	 result	 in	 significant	 injuries	 to	 the	 people	 who must	

climb	on	the	roofs	or	require	the	use	of	aircraft	that	are	orders	of	magnitude	greater	

in	 size than	 the	 sUAV.	 Either	 method,	 manual	 inspection	 or	 large	 conventional	

aircraft,	 results	 in increased	 risk	 of	 injury	 due	 to	 personnel	 falling	 off	 roofs	 or	

ladders,	carrying	heavy	ladders	and dealing	with	confined	and	dangerous	spaces,	or	

increased	 risk	 from	 low	 altitude	 flyovers	 with helicopters	 or	 fixed	 wing	 aircraft	

inspecting	 buildings	 after	 damage	 from	 storms	 or	 other disasters,	 such	 as	

earthquakes	 or	 fires.	Such	 flights	are,	 of	 course,	 significantly	more expensive	 than	

those	undertaken	with	a	sUAV.	

The	present	system	exposes	those	not	only	in the	immediate	area	of	inspection,	but	

those who	are	along	 the	path	of	 flight	associated	with	 the arrival	and	departure	of	

the	conventional	aircraft	at	the	inspection	site	because	the	aircraft	must be	flown	to	

and	 from the	site.	By	contrast,	the	sUAV is	carried	to	the	site	and	transits	no	other

property.	 Conventional	 aircraft	 carry	 flammable	 fuels	 that	 are	 not	 carried	 by	 the	

UAS	 and	 emit pollutants	 associated	 with	 internal	 combustion	 engines.	 The	 sUAVs	

proposed	herein	are battery	powered	and	have	no	emissions.

Equivalent	Level	of	Safety

14	C.F.R.	§	61.113(a)	&	(b);:	Private	Pilot	Privileges	and	Limitations;	Pilot	in	

Command;

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

conventional aircraft	that	carries	a	pilot,	passengers,	and	cargo,	the	Advanced	Aerial	

Photography,	 Inc sUAV 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.	

Advanced	 Aerial	 Photography,	 Inc respectfully	 proposes	 that	 Operator	

requirements	 should	 take	 into	 account	 the characteristics	 of	 the	 particular	 UAS.	

Advanced	 Aerial	 Photography,	 Inc sUAV has	 a	 high	 degree	 of	 pre-programmed

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	 Advanced	 Aerial	 Photography,	 Inc sUAV has	 navigation	 and	 control	 system	

comprised	of	a	Ground	Control	Station (GCS)	and	auto-pilot	system	that	can	be	preprogrammed	 to	 set	 operational	 boundaries.	 All flights	 are	 pre-programmed	 with	

precision	 GPS	 guidance.	 In	 the	 case	 of	 unplanned	 events,	 the	 Operator	 may	 input	

pre-programmed evasive	 maneuvers	 from	 the	 control	 unit,	 and	 the	 onboard	

autopilot	 executes	 those	 maneuvers. Pre-programmed	 Operator	 interventions	

include	initiation	of	holding	at	present	position; suspension	of	mission;	 fly	back	 to	

launch	point;	abort	mission	and	land	immediately;	and emergency	power	cut	off	and	

land	(Flight	Termination	System).

Additional	 automated	 safety	 functions	 and	 safety	 enhancing	 features	 of	 the	

Advanced	Aerial	Photography,	Inc sUAVs may	include	the following:

1.1.	Auto-pilot	 detection	 of	lost	GPS	 or	 of	insufficient	 satellites	initiates	an	

immediate landing.

1.2.	Low	power	on	the	aircraft	triggers	escalating	alarms	at	GCS	at	35%	and	

10%	levels.	Low	power	below 10%	triggers	an	immediate	landing.

1.3.	If	the	auto-pilot	detects	a	lost-link	to	the	ground	controller,	the	UAS	will	

hold	position	at	its	current	location	for	5	seconds	and	if	the	signal	is	not	

restored, execute	a	return	to	home	and	land.

1.4.	 Redundant	 “kill	 switches”	 that	 enable	 completely	 shutting	 the	 aircraft	

down	 in	 flight	 in	 the	 event	 of	 a	 loss	 of	 control	 or	 un-commanded	

deviation	from	the	flight path.

1.5.	The	aircraft,	weighs	less	than	55	lbs.,	fully	loaded.

1.6.	 The	 motors	 are	 driven	 by	 pulse	 width	 modulated	 signals,	 not	 analog	

signals.

1.7.	 The	 aircraft	 will	 operate	 for	 the	 Purposes at	 no	 more	 than	 30 mph

(while	 imaging) nor	 above	 200	 feet	 above	 the	 structure	 (imaging	

altitude)	or	a	maximum	of	400 AGL.

Given	 these	 safety	 features,	 Advanced	 Aerial	 Photography,	 Inc proposes	 that	

Operators	of	the	Advanced	Aerial	Photography,	Inc sUAV 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	 the	

manufacturer’s or	Advanced	Aerial	Photography,	Inc training	program	for	operation	

of the	UAS.
Advanced	Aerial	Photography,	 Inc notes	 that	 the	FAA	has	 found	 that	safety	 factors

permitted	 operation	 of	 UASs	 by	Operators	 with	 these	 qualifications	in	 the	 case	 of	

operations	 pursuant	 to	 public	 COAs	 where	 the mandatory	 operating	 conditions	

specified	 above	 were	 present.	 See,	 Federal	 Aviation Administration,	 Notice	 N8900.227,	Unmanned	Aircraft	Systems	 (UAS)	Operational	Approval,	 at 20-21	 (July	

30,	 2013).	 Likewise,	Advanced	 Aerial	 Photography,	 Inc notes	 that	 the NPRM	 does	

not	require	that	the	Operator	hold	a	private	pilot	license	issued	by	the	FAA.

Given	 these	 conditions	 and	 restrictions,	 an	 equivalent	 level	 of	 safety	 will	 be	

provided	 by	 allowing operation	 of	 the	 Advanced	 Aerial	 Photography,	 Inc sUAV

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	 Advanced	 Aerial	 Photography,	 Inc

sUAV (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	UAS	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	UAS	without an	airworthiness	certificate,	no	standard	will	exist	for	

airworthiness	of	the	UA.	Given	the	size	of the	aircraft	and	the	requirements	that	the	

Operator	has	agreed	to	as	it	relates	to	airworthiness, as	contained	in	the	manual,	an	

equivalent	level	of	safety	will	be	achieved	by	insuring compliance	with	the	manuals	

prior	to	each	flight.	The	FAA	has	granted	exemptions	to	conduct similar	operations	

in	Exemptions	11062	through	11067,	11080	and	11110.

14	C.F.R.	§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,	an	exemption	may	be	needed	to	allow	such	operations.	
The	equivalent	level	of	safety	will	be	achieved	given	 the size,	weight,	and	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,	facility	owner,	and/or	local	officials.	Because	

of	the	advance	notice	to	the property	owner	and	participants,	all	affected	individuals	

will	be	aware	of	the planned	flight	operations	as	set	forth	in	the	Manuals.	Compared	

to	flight	operations	with	aircraft	or	rotorcraft weighing	far	more	than	the	maximum	

55	lbs.	and	 the	lack	of	 flammable	 fuel,	any	risk	associated with	 these	operations	is	

far	 less	 than	 those	 presently	 presented	 by	 conventional	 aircraft operating	 at	 or	

below	 500	 AGL	 in	 the	 aerial	 photography	 industry.	 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.	

The	 FAA	 has	 granted exemptions	 to	 conduct	 similar	 operations	 in	 Exemptions	

11062	through	11067,	11080	and 11110.

14	C.F.R.	§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	

Advanced	 Aerial	 Photography,	 Inc sUAV,	 in	 manual	 or	 emergency mode,	 will	 not	

have	 a	 barometric	 altimeter	 display,	 but	 instead	 a	 GPS	 altitude	 display,	 an

exemption	will	be	needed.	The	Operator,	pursuant	to	the	procedures	set	forth	in	the	

Manuals	as	indicated	before	flight,	will	achieve	an	equivalent	level	of	safety.	The	FAA

has granted	exemptions	to	conduct	similar	operations	in	Exemptions	11062	through	

11067,	11080 and	11110.

14	C.F.R.	§	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	 40	 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	

UAS’ proposed	 flight	 area	 and the	 location	 of	 its	 proposed	 operations	 within	 a	

predetermined	area,	a	longer	time	frame	for flight	is	reasonable.

Petitioner 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	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.

Petitioner believes	 that	 an	 equivalent	 level	 of	 safety	 can	 be	 achieved	 by	 limiting	

flights	 to 30	minutes	or	25%	of	remaining	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. Similar	exemptions	have	

been	granted	to	other	operations,	including	Exemptions	2689F, 5745,	10673,	10808	

and	Exemptions	11062,	through11067,	11080	and	11110.

14	C.F.R.	§91.405	(a);	91.407	(a)	(1);	91.409(a)	(2);	91.417(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	 sections	and	Part	 43	apply	 only	 to	aircraft	with	an	airworthiness

certificate,	 these	 sections	 will	 not	 apply	 to	 the	 Petitioner.	 Maintenance	 will	 be	

accomplished	 by the	Operator	 or	manufacturer	 pursuant	 to	 the	 flight	manual	 and	

operating	handbook	as referenced	in	the	UAV	Manuals 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	 defined	 areas	 for	 limited	 periods	 of	 time.	 If	

mechanical	issues	arise,	 the	UAS can	land	immediately	and	will	be	 operating	 from	

no	higher	 than	400	 feet	AGL.	As	provided	in the	Aircraft	Flight	Operations	Manual	

the	Operator	will	ensure	 that	 the	UAS	is	in	working	order prior	 to	initiating	 flight,	

perform	required	maintenance,	conduct	any	test	flights	required	after	maintenance	

performed	and	 keep	a	log	 of	any	maintenance performed.	Moreover,	 the	Operator	

and	manufacturer	are	most	familiar	with	the	aircraft	and best	suited	to	maintain	the	

aircraft	in	an	airworthy	condition	to	provide	the	equivalent	level	of safety.	The	FAA	

has	granted	exemptions	for	similar	operations	in	Exemptions	11062	through 11067,	

11080	and	11110.

Federal	Register	Publication

Pursuant	to	14	C.F.R.	Part	11,	the	following	summary	is	provided	for	publication	in	

the	Federal	Register,	should	it	be	determined	that	publication	is	needed:
Petitioner seeks	an	exemption	from	the	following	rules:

14	C.F.R.	§§	61.113(a)	&	(b);	91.7(a);	91.119;	91.121;	91.151(a);	91.405(a);

91.407(a)(1);	 91.409(a)(2)	 and	 91.417	 (a)	 &	 (b)	 to	 operate	 commercially	 a	 small	

unmanned	 vehicle	 (55	 lbs.	 or	 less)	 for	 the	 following	 purposes:	to	 conduct bridge	

inspections,	flare	stack	inspection,	utility-power	generation	system	inspections	and	

patrolling,	aerial	inspection	and	 photography	 of	 residential	and	 commercial	 utility	

infrastructure	including	but	not	limited	to	electrical	power	lines,	wind	turbines	and	

cell	 towers,	 pipeline	 inspection	 and	 patrolling,	 filmmaking,	 cinematography,	 and	

videography,	 precision	 agriculture	 with	 on	 board	 sensors,	 wildlife	 and	 forestry	

monitoring and	 mosquito	 and	 insect	 control,	 aerial	 surveying,	 construction	 site	

inspection	 and	 monitoring,	 public	 entity	 support	 operations,	 aerial	 video	 and	 live	

video	 feed	 to	 assist	 with	 search	 and	 rescue	 operations	 under	 the	 authority	 and	

support	 of	 local	 authority	 officials,	 aerial	 video	 and	 photography	 for	 public	 and	

private	 use	 including television,	 public	 events,	 and	 cinematography	 live	 feed	 and	

live	newsgathering,	training	to	persons	individually	or	belonging	to	both	private	and	

public	 organizations	 to	 increase	 awareness	 and	 improve	 safety	 for	 current	 and	

future	 UAS	 operations	 within	 the	 NAS,	 special events:	 including	 high	 schools,

colleges,	professional	sports,	open	air	events	and	 fairs,	 research,	 risk	management	

and	 assessment,	 motion	 picture	 production,	 surface	 mining,	 closed	 set	 filming,	

disaster	and	catastrophe	events.

Privacy	and	National	Security

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	

owner’s	prior	consent	and	knowledge.	Inspection	will	be	of	inanimate	objects	in	

areas	where	the	owners will	have	consented	to	the	inspections	or	otherwise	have	

agreed	to	allow	the	UAS	and	the Operator	to	be	in	the	area	where	operations will	

take	place.	

The	size	of	the	UAS,	its	speed	and	restricted	area	of	operation	do	not	raise	national

security	issues.

Summary

Approval	of	exemptions	allowing	commercial	operations	of	sUAVs	 for	petitioner	to	

operate	 an	 unmanned	 aircraft	 system	 (UAS)	 to	 conduct	 bridge	 Inspections,	 flare	

stack	inspection,	utility-power	generation	system	inspections	and	patrolling,	aerial	
inspection	 and	 photography	 of	 residential	 and	 commercial	 utility	 infrastructure	

including	 but	 not	 limited	 to	 electrical	 power	 lines,	 wind	 turbines	 and	 cell	 towers,	

pipeline	 inspection	 and	 patrolling,	 filmmaking,	 cinematography,	 and	 videography,	

precision	 agriculture	 with	 on	 board	 sensors,	 wildlife	 and	forestry	 monitoring and	

mosquito	 and	 insect	 control,	 aerial	 surveying,	 construction	 site	 inspection	 and	

monitoring,	 public	 entity	 support	 operations,	 aerial	 video	 and	 live	 video	 feed	 to	

assist	with	 search	and	 rescue	 operations	 under	 the	authority	and	 support	 of	local	

authority	officials,	aerial	video	and	photography	for	public	and	private	use	including	

television,	 public	 events,	 and	 cinematography	 live	 feed	 and	 live	 newsgathering,	

training	 to	 persons	 individually	 or	 belonging	 to	 both	 private	 and	 public	

organizations	to	increase	awareness	and	improve	safety	for	current	and	future	UAS	

operations	 within	 the	 NAS,	 special	 events:	 including	 high	 schools.	 colleges,	

professional	 sports,	 open	 air	 events	 and	 fairs,	 research,	 risk	 management	 and	

assessment,	motion	picture	production,	surface	mining,	closed	set	 filming,	disaster	

and	catastrophe	events,	will	enhance safety	by	reducing	risk.	

Conventional	 operations,	 using	 jet	 or	 piston	 powered	 aircraft,	 ladders	 or placing	

people	in	swamps,	on	roofs	or	tall,	hazardous	or	weakened	structures,	exposes	them	

to	 higher	 risks than those	 created	 by	 use	 of	 a	 sUAVs.	 Conventional	 aircraft	 that	

operate	at	extremely	low altitudes	just	feet	from	the	subject	being	inspected	and	in	

extreme	 proximity	 to	 people	 and structures	 present	 the	 risks	 associated	 with	

vehicles	that	weigh	in	excess	of	6,000	lbs.,	carrying large	amounts	of	jet	A	or	other	

fuel	(140	gallons	 for	jet	helicopters).	Such	aircraft	must	 fly	to	and from	the	project	

location.	In	contrast,	a	sUAV weighing	fewer	than	55 lbs.	and	powered	by batteries	

eliminates	virtually	all	of	that	risk	given	the	reduced	mass	and	lack	of	combustible	

fuel carried	 on	 board.	 The	 sUAV is	 carried	 to	 the	 target	 area	 and	 not	 flown.	 The	

sUAV 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	under	the	strict

conditions	outlined	above,	will	provide	an	equivalent	level	of	safety	supporting	the	

grant	of	the exemptions	requested	herein.	These	lightweight	aircraft	operate	at	slow	

speeds,	close	to	the ground,	and	in	areas	that	are	under	the	control	of	the	customer	

for	 the	 operations and,	 as	 a result,	 are	 far	 safer	 than	 conventional	 operations	

conducted	with	turbine	helicopters	operating	in close	proximity	to	the	ground	and	

people	or	the	use	of	individuals	to	climb	the	structures	to conduct	the	operations.

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	

operation within	 visual	 line	 of	 sight	 and	 national	 security	 – provide	 more	 than	

adequate	 justification	 for	 the grant	 of	 the	 requested	 exemptions	 allowing	

commercial	operation	of	Petitioner’s	UAS	 for	the Purposes	outlined	herein	and	are	

consistent	with	exemptions	already	granted,	including Exemptions number	11171	

through	 11174,	 11176,	 11177,	11062,	 11109,	 11112,	 and	 11213 and	 as	 recent	 as	

11857.
Sincerely,

James	N.	Hutchens

9811	W.	Hackamore	Dr.

Boise	Id	83709

Jimhutchens1@icloud.com