April 13, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Aerodrone, LLC for an Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012

To Whom it May Concern: 

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

and 14 C.F.R. Part 11, Aerodrone, LLC (Aerodrone) hereby applies for an exemption from the

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

unmanned aerial vehicles (i.e., small unmanned aircraft or UAS) for aerial data collection.

In addition to this Petition for Exemption, Aerodrone will also submit the following 

supporting documents (hereinafter referred to as "operating documents"):

 Aerodrone UAS Operations Manual;

 DJI Phantom 2 User Manual;

 DJI Pilot Training Guide; and

 AMA National Model Aircraft Safety Code

Aerodrone submits these supporting materials as confidential documents pursuant to 14 

C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information 

that Aerodrone has not and will not share with others. Additionally, these documents contain 

operating conditions and procedures that are not generally available to the public and are protected 

from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York

1676 International Drive • Penthouse

McLean, VA 22102

Tel: 703.336.8800

mckennalong.com

Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.8714

Matthew J. Clark

703.336.8714

Email Address

mmckinnon@mckennalong.com

mclark@mckennalong.com
U.S. Department of Transportation

April 13, 2015

Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operation

III. Relevant Statutory Authority

IV. Aerodrone's Proposed UAS Operations Meet the Requirements of Section 333 of the 

Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability

B. Approval is Warranted Based on the Operational Restrictions in Aerodrone's 

Operating Documents 

V. Regulations From Which Exemption is Sought

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and 

Limitations

D. 91.7(a): Civil Aircraft Airworthiness

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration

F. 91.103: Preflight Action

G. 91.109(a): Flight Instruction

H. 91.119(b) and (c): Minimum Safe Altitudes

I. 91.121: Altimeter Settings

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions 

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. National Security

X. Federal Register Summary

XI. Conclusion
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April 13, 2015

Page 3

I. DESCRIPTION OF PETITIONER

Based on Orange County, Florida, Aerodrone was established in March, 2015 by Charles 

Hooper for the purpose of providing aerial data collection services Aerodrone seeks to leverage 

new UAS technologies to better serve its customers in a variety of industriesthat could benefit from 

UAS-assisted aerial data collection.

The contact information for Petitioner is as follows:

Charles Hooper, President

Aerodrone, LLC

1444 Norfolk Avenue

Winter Park, Florida 32789

Phone: (407) 610-9653

Email: chooper99@yahoo.com

II. DESCRIPTION PROPOSED OPERATION

Aerodrone seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI 

Phantom 2 for aerial data collection purposes. The proposed operations in this Petition for 

Exemption are substantially similar to those contained in prior FAA Grants of Exemption, including:

 FalconSkyCam (Exemption No. 11195),

 Singer's Creations (Exemption No. 11191),

 Capital Aerial Video, LLC (Exemption No. 11174), and

 Douglas Trudeau, Realtor (Exemption No. 11138). 

As discussed in Section IV(B) below, all UAS operations will occur under tightly controlled 

conditions on private property where Aerodrone has received permission to operate from the 

landowner, controller or authorized representative. The UAS will be operated in accordance with 

the requirements contained in the accompanying Aerodrone operating documents, and in accordance 

with the requirements of an applicable Certificate of Waiver or Authorization ("COA"). Among 

other things, and as detailed in the operating documents, all UAS operations will occur in 

uncontrolled airspace, within visual line-of-sight (VLOS) of the pilot and visual observer, and will 

be limited to daytime VFR conditions. Moreover, Aerodrone's operating documents incorporate 

redundant safeguards to assure that the aircraft does not travel outside the controlled area of UAS 

operations.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA 

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system." 
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April 13, 2015

Page 4

Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft 

systems to operate in the NAS where it is safe to do so based on the following considerations:

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

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

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

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702 –

44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) 

would benefit the public as a whole, and (2) would not adversely affect safety (or how it would 

provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for 

exemption).

IV. AERODRONE'S PROPOSED UASOPERATIONS MEET THE REQUIREMENTS OF SECTION 333

OF THE REFORM ACT

Aerodrone's proposed operations in this Petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant 

factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability

The FAA has previously determined that a Grant of Exemption is appropriate for operations 

conducted using the DJI Phantom 2 (including the Vision and Vision+ models), due to their size, 

weight, speed, and operational capability. See e.g., 

 Exemption No. 11224 to NextEra Energy, Inc. (DJI Phantom 2 Vision+)

 Exemption No. 11230 to Montico, Inc. (DJI Phantom 2 Vision+)

 Exemption No. 11228 to Steven Zeets (DJI Phantom 2 and DJI Phantom 2 Vision+)

 Exemption No. 11218 to Saratoga Aerial Vehicle (DJI Phantom 2 Vision+)

 Exemption No. 11215 to Mike Johnson (DJI Phantom 2 Vision+)
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April 13, 2015

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Specifically, the FAA has found the following characteristics of the DJI Phantom 21to 

warrant approval for a Grant of Exemption:

 The DJI Phantom 2 weighs less than 3 lbs (including the battery).

 Maximum flight speed for the DJI Phantom 2 Vision is 15 m/s (29 knots).2

 The DJI Phantom 2 has the capability to operate safely after experiencing certain in-flight

contingencies or failures and uses an auto-pilot system to maintain UAS stability and control. 

The UAS is also able to respond to a loss of GPS or a lost-link event with a pre-coordinated, 

predictable, automated flight maneuver. These safety features provide an equivalent level of 

safety compared to a manned aircraft performing a similar operation and mitigate the risk of 

command and control link failures.

3

 

 Altitude information will be generated by equipment onboard the UA as specified using GPS 

triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination 

thereof. This information will be transmitted to the pilot via telemetric data feed.

 The radio frequencies used for operations and control of the UAS comply with the Federal 

Communications Commission (FCC) and other appropriate government oversight agency 

requirements. The DJI Phantom 2 operates within the 2.4 GHz frequency band. 

If the same proposed operations were conducted using a helicopter, the aircraft's take-off 

weight would likely exceed 6,000 pounds. The difference in weight between the DJI Phantom 2 

(which carries no passengers, crew, or flammable fuel), significantly reduces the potential harm to 

the participating and non-participating individuals or property in the event of an accident or incident.

B. Approval is Warranted Based on the Operational Restrictions in Aerodrone's 

Operating Documents 

Aerodrone's operating documents contain all the procedures and limitations necessary to 

safely and successfully perform the proposed operations. To assist the FAA in making a safety 

assessment of Aerodrone's proposed operations, below is a summary of operational limitations and 

conditions that Aerodrone will adhere to, and which will ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines:

1. Operations authorized by the grant of exemption will be limited to the DJI Phantom 2 when 

weighing less than 55 pounds including payload. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this grant. 

 

1 Manufacturer specifications for the DJI Phantom 2 are located in Attachment A. 

2

Exemption No. 11195 to FalconSkyCam at pg. 10.

3

Id. at pg. 3.
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2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the aircraft 

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL.

5. The UA must be operated within VLOS of the PIC at all times. This requires the PIC to be 

able to use human vision unaided by any device other than corrective lenses, as specified on 

the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the 

VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement 

as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted during 

flight operations. The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the VO can perform the 

duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this grant of exemption, are 

hereinafter referred to as the operating documents. The operating documents must be 

accessible during UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations in this exemption and the 

procedures outlined in the operating documents, the conditions and limitations herein take 

precedence and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator’s responsibility to track such revisions and present updated and 

revised documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension or 

amendment to this grant of exemption. If the operator determines that any update or revision 

would affect the basis upon which the FAA granted this exemption, then the operator must 

petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to the operating 

documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation a 

functional test flight prior to conducting further operations under this exemption. Functional 
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April 13, 2015

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test flights may only be conducted by a PIC with a VO and must remain at least 500 feet 

from other people. The functional test flight must be conducted in such a manner so as to not 

pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in 

a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins.

13. Under this grant of exemption, a 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 Colombia, 

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. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. PIC qualification flight hours and 

currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the 

purposes of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption are permitted under the terms of 

this exemption. However, training operations may only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights, all persons 

not essential for flight operations are considered nonparticipants, and the PIC must operate 

the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights under 

special visual flight rules (SVFR) are not authorized.
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16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with 

an ARP, the center of the airport symbol as denoted on the current FAA-published 

aeronautical chart, unless a letter of agreement with that airport’s management is obtained or 

otherwise permitted by a COA issued to the exemption holder. The letter of agreement with 

the airport management must be made available to the Administrator or any law enforcement 

official upon request.

17. 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 PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UA to conduct the intended operation and 

to operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The exemption 

holder may apply for a new or amended COA if it intends to conduct operations that cannot 

be conducted under the terms of the attached COA.

22. 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.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC 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.

24. The UA must remain clear and give way to all manned aviation operations and activities at 

all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All flight operations conducted closer to nonparticipating persons (persons other than the 

PIC or VO), vessels, vehicles, and structures, than the minimum distance requirements of § 
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Page 9

91.119 (b)4and (c)5, must be conducted using a tether. The operator must ensure that 

nonparticipating persons remain at least 20 feet away from the maximum distance the UAS 

can travel. If a situation arises where nonparticipating persons comes with 20 feet from the 

maximum distance the UAS can travel, flight operations must cease immediately.6 The PIC 

must make a safety assessment of the risk of operating closer to those objects and determine 

that it does not present an undue hazard. 

27. All operations shall be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained prior to the beginning of every 

flight.

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.

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

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, including UASs, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.7

Aerodrone seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 

and 91 for purposes of conducting the requested operations using small UASs, including:

 

4

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over 

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within 

a horizontal radius of 2,000 feet of the aircraft. 

5

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure.

6

See discussion of tethered UAS operations in Section V(H), supra. 

7

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
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Page 10

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 

91.417(a) and (b) 

Maintenance and Inspection Requirements 

61.113; 61.101(e)(4) and (5) Private and Recreational Pilot Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and 

(b)

Carrying Aircraft Flight Manual, Certification and Registration in 

the Aircraft 

91.103 Preflight Action

91.109(a) Flight Instruction

91.119 (b) Minimum Safe Altitudes – Over Congested Areas

91.119(c) Minimum Safe Altitudes - Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions 

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and the 

operating procedures and safeguards that Petitioner has established which will ensure a level of 

safety better than or equal to the rules from which exemption is sought.

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

Aerodrone seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides 

that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with Part 45 of this chapter.
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● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words "limited," "restricted," "light-sport, 

"experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a prior grants of exemption under Section 333 of the Reform Act, the FAA determined that 

exemption from these requirements was warranted provided that the aircraft "have identification (NNumber) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as 

practicable."8 All UA flown by Petitioner will bear N-number markings that are as large as 

practicable in accordance with 14 C.F.R. Part 45, Subpart C.9 

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

Petitioner seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43.10 An exemption from these 

regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness 

certificate, which the UAS to be operated under this grant of exemption will not have. 

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the operating documents and any required manufacturer Safety or 

Service Bulletins. Further, as required by the operating documents, the PIC will conduct a pre-flight 

inspection of the UAS and all associated equipment to account for all discrepancies and/or 

inoperable components. Maintenance will be performed and verified to address any conditions 

potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight 

critical components of the UAS have been found to be airworthy and in a condition safe for 

 

8

FAA Docket No. FAA-2014-0352.

9

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

10 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections 

...have discrepancies repaired as prescribed in part 43 of this chapter").
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operation. A functional test flight will be conducted following the replacement of any flight-critical 

components. As required by the operating documents, the PIC who conducts the functional test 

flight will make an entry in the UAS aircraft records of the flight. 

The operating documents also includes requirements to follow the UAS manufacturer’s

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. Moreover, the operating documents also include procedures to document and 

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of 

replacement /overhaul component parts, and the total time in service of Petitioner's UASs. As a 

whole, the maintenance and inspection procedures required by Petitioner's operating documents 

ensure that an equivalent or higher level of safety will be achieved.

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and 

Limitations

Aerodrone seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class medical 

certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the 

airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is 

carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a 

commercial operation, it carries neither passengers nor cargo. 

In the FAA's Section 333 Grant of Exemption to Astraeus Aerial11, the FAA determined that 

the unique characteristics of UAS operation outside of controlled airspace did not warrant the 

addition cost and restrictions attendant with requiring a the PIC to have a commercial pilot certificate 

and third class medical certificate. The fulfillment of the additional requirements for a private pilot 

to become qualified as a commercial pilot would not lead to any additional safety benefits when 

UAS operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot certificates 

would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these 

individuals would also be subject to security screening by the Department of Homeland Security 

(DHS), the FAA determined that holders of recreational and sport pilot certificates would be 

qualified to serve as the PIC for UAS operations.12 

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under 

Section 333 of the FAA Reform Act. Aerodrone will operate on private property away from persons 

and property not involved in the operation. Aerodrone will also require all PICs to be thoroughly 

 

11 Grant of Exemption No. 11062 (FAA Docket No. FAA-2014-0352).

12 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 

8-9).
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trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have 

experience not only in UAS operations generally but have logged flight time in the specific make 

and model used for the operations before they are permitted to participate in commercial flights on 

behalf of Aerodrone. The pilot qualification, training, and currency requirements in the operating 

documents ensure that Petitioner's pilots are competent and proficient in the UAS they are operating. 

The Petitioner's training and qualification requirements are consistent with those contained in prior 

FAA issued grants of exemption, and will provide a higher level of competency and proficiency for 

its pilots and will ensure at least an equivalent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UASs, Aerodrone seeks 

an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy 

condition to be operated. While the petitioner’s UASs will not have an airworthiness certificate, the 

FAA has determined that for the purposes of this exemption the pilot may determine the aircraft is in 

an airworthy condition prior to flight. The operating documents contain procedures which allow the 

PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 

91.7(a) is therefore warranted. 

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is 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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

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

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under § 91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.
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Page 14

Given the small size and configuration of the UASs, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit. 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) 

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration 

certificate, and other required documents from the ground control station from which he or she is 

operating the aircraft.13 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule 

is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level 

of safety will be achieved by ensuring that the pilot has access to the documents at the ground 

control station from which he or she is piloting the UAS.14 

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAA-approved 

Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an 

airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify 

any defects or inoperable components, which cover pre-flight, take-off, landing and post-flight 

procedures. The PIC will also be required to review weather, flight requirements, battery charge, 

landing and takeoff distance, UA performance data, and contingency landing areas—before initiation 

of flight. Petitioner's operating documents will be kept at the ground control station and will be 

accessible to the PIC at all times while operating the UAS.

 

13 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation 

and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. 

FAA-2014-0352 at 16-18. 

14 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight 

manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: 

Certifications required. The FAA has previously determined that relief from these 

sections is not necessary. See Exemption No. 11062. Relevant materials may be kept 

in a location accessible to the PIC in compliance with the regulations.
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G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

that "[n]o 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." UASs and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished 

through the use of a device that communicates with the aircraft via radio communications. 

Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 

91.109(a). 

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe 

training can still be achieved without dual controls because no pilot or passengers are aboard the 

UAS, and as required by the operating documents, all persons will be a safe distance away in the 

event that the UAS experiences any difficulties during flight instruction. Moreover, all flight 

training will be conducted in controlled and sterile environment. As a whole, the procedures 

provided for in the operating documents ensure that UAS flight instruction can be performed safely.

H. 91.119(b) and (c): Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(b) and 91.119(c), which state:

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or 

over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth in the attached operating documents, Aerodrone has established a set of 

procedures that adequately mitigate any risk from operating its UAS under tightly controlled 

conditions that warrant a deviation from the minimum distances set forth in these sections. 

Accordingly, Aerodrone requests an exemption from this section of the FARs. 

In particular, Aerodrone requests that the minimum distance requirements of 2000' under 

subsection (b) and 500' under subsection (c) be lowered. At any time the UAS needs to be flown 

closer than these distances to a structure or obstacle that is not the subject of the flight, then 

Aerodrone will conduct the operation using a tether. As set forth in the operating documents, the 

flight location will be surveyed before flight, and the distance between the center of the operation 

(i.e. tether point) and all obstacles will be determined. The aircraft will be securely tethered at a 

point whereby the length of the tether is 20' shorter than the distance from the tether point to the 

closest obstacle. In this way, at no time will the UAS be capable of contacting the obstacle. In 
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addition, a perimeter security will be set up to ensure that no persons can enter closer than 20' from 

the maximum distance the UAS can travel. This method will provide a superior method of safety 

beyond the arbitrary restriction of 500' and 2000' that was designed to ensure the safe operation of 

helicopters and conventional aircraft. 

In making this request, Petitioner is cognizant of the Opinions issued by the FAA Chief 

Counsel's Office addressing the question of what constitutes a "congested area" as that term is used 

in the FARs. The determination of whether an area is "congested" rests on characteristics of the 

area, the presence of persons unassociated with the flight operation, and the characteristics of the 

aircraft. See Memorandum from Rebecca MacPherson, Assistant Chief Counsel for Regulations to 

James Gardner, Manager, Flight Standards Division (June 18, 2012). For example, in that 

memorandum, an inquiry was made whether a helicopter could be used for a large external lift 

operation at an industrial site. The proposed operation would be conducted at the factory, which 

normally has a large number of persons, as well as over an open field, a parking lot, and over a "busy 

road" surrounding the factory. The operator asked whether it would be permissible to operate at 

these locations if they could be turned into "depopulated" areas. The FAA Chief Counsel's Office 

indicated that this could be done, so long as precautions were in place to remove the population from 

the area and prevent persons from approaching while it was being conducted. 

In summary, the fact that the UAS weighs less than 3 lbs (with payload), will be operating 

within VLOS of a PIC and VO, at an airspeed of 87 knots or less with no flammable fuel onboard, 

and the standoff requirements for both participating and nonparticipating persons and property in the 

operating documents, will ensure the protection of persons and property on the ground—which has 

been the purpose of the minimum safe altitudes rule in §91.119 since its inception. 

I. 91.121: Altimeter Settings

To the extent necessary for Aerodrone to conduct the proposed operations, Petitioner requests 

an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain 

cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure 

airport or barometric pressure.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL 

or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.15

The UAS that Petitioner intends to use for performing the proposed operations meet all these 

operational characteristics. Moreover, the operating documents require the PIC to calibrate the 

aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances 

similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures 

 

15 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21). 
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contained in the operating documents, ensure that an equivalent level of safety will be achieved, and 

a grant of exemption to the requirements of § 191.121 is therefore appropriate. 

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Aerodrone requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 states:

(a) No person may begin 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.

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from 

the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in 

daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption.16 

In Exemption No. 11213 to Aeryon Labs, Inc.17, the FAA determined that a requirement prohibiting 

the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) 

there was enough available power for UAS to operate for the intended operational time and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 

91.151(a).

18

 Petitioner's operating documents impose this same requirement and an exemption from 

§ 91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate. 

VI. DRUG AND ALCOHOL PROGRAM

Aerodrone will have policies in place to ensure that no person may participate in UAS flight

operations if they are under the influence of alcohol or any drug. 

 

16 See e.g., Exemption Nos. 8811, 10808, and 10673.

17 Docket No. FAA-2014-0642.

18 Exemption No. 11213 at pg. 12.
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VII. PUBLIC INTEREST

The public interest will be served by granting Aerodrone's Petition for Exemption. Congress 

has established a national policy that favors early integration of UAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the 

FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before 

completion of the statutorily required rulemaking. 

More importantly however, and as recognized by the FAA in prior Grants of Exemption 

allowing commercial operation of UAS for the same purposes described in this Petition for 

Exemption, granting the requested exemptions will significantly improve safety and reduce risk by 

alleviating the public's exposure to danger and emissions associated with manned aircraft performing 

similar aerial data collection.

19

 The DJI Phantom 2 is battery powered and creates no emissions. 

Moreover, in the unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and 

explode. Any accident involving Petitioner's lightweight UAS will present significantly less danger 

to the pilot and other individuals on the ground than one involving a full size aircraft. 

VIII. PRIVACY

All Aerodrone UAS operations will be conducted in accordance with applicable federal, 

state, or local laws regarding privacy. All operations will be conducted over Aerodrone property or 

private controlled-access 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.

IX. NATIONAL SECURITY

No national security issue is presented by the requested exemptions. Given that the UAS is

exceedingly small and lightweight, haslost-link and return-to-home capabilities, will operate at very 

low speeds, have extremely low payload capacities and carry no flammable, explosive or otherwise 

dangerous materials, the operations pose no threat to national security.

X. FEDERAL REGISTER SUMMARY

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:

 

19 See e.g., Grant of Exemption No. 11195 to FalconSkyCam; Grant of Exemption No. 11191 to 

Singer's Creations; Grant of Exemption No. 11174 to Capital Aerial Video, LLC; Grant of 

Exemption No. 11138 to Douglas Trudeau, Realtor.
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Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:

45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 

91.109(a); 91.119(b) and (c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 

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

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or, 

rotorcraft for aerial data collection.

XI. CONCLUSION

Aerodrone's Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012, including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed operations in this 

Petition for Exemption are similar to those in previously issued grants of exemptions, and they 

would benefit the public as a whole by improving safety. In consideration of the foregoing, this 

Petition for Exemption provides the FAA with all the necessary justification for granting the 

requested exemptions allowing Aerodrone to operate small UASs to perform aerial data collection.

We thank you for your prompt consideration of our requested exemptions. Should you have 

any questions, or if you need additional information to support the requested exemptions, please do 

not hesitate to contact the undersigned. 

Very truly yours,

Matthew J. Clark

Mark E. McKinnon

Counsel for Aerodrone, LLC

Attachments 
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ATTACHMENT A: DJI PHANTOM 2 SPECIFICATIONS
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[THIS PAGE IS LEFT INTENTIONALLY BLANK]
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(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments: 

Aerodrone UAS Operations Manual

DJI Phantom 2 User's Manual

DJI Pilot Training Guide

AMA National Model Aircraft Safety Code