Aero Videography, LLC

1022 Mount Benevolence Road

Newton, NJ 07860 

June 20th, 2015

Docket Operations, M-30 

U.S. Department of Transportation 

Room W12-140, West Building Ground Floor 

1200 New Jersey Avenue, SE. 

Washington, DC 20590-0001

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

Dear Sir or Madam: 

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

and 14 C.F.R. Part 11, Aero Videography, LLC (Operator) seeks an exemption from Federal Aviation 

Regulations (FARs) to allow commercial operations of their UAS(s) (Unmanned Aerial Systems) for 

the purpose of conducting aerial photography, video, and survey for various industries.

Regarding the Unmanned Aircraft Systems

1. The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the below described UAS(s), so long as operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as required

by Section 333. Like the FAA, it is the Operator’s mission to provide the safest and most 

efficient means of Civil Commercial implementation into the National Airspace System (NAS). 

Furthermore, the Operator is comprised of members with the equivalent of a FAA Commercial 

Certificate or higher adding an additional layer of high regard for safe operations as well as the 

necessary high-level of understanding of the NAS and FARs.

• DJI Inspire 1– Reference Inspire 1 User Manual(EN) v1.0 

• The Inspire 1 is a quad copter UAS capable of capturing 4K video and 

transmitting an HD video signal to a ground station. Equipped with

 retractable landing gear, it can capture an unobstructed 360 degree view 

from its camera. The built-in camera has an integrated gimbal to 

maximize stability and weight efficiency while minimizing space. When 

no GPS signal is available, Vision Positioning technology provides 

hovering precision.

2. Reference Inspire 1 Maintenance Manual v1.0

3. Reference Inspire 1 User Manual (EN) v1.0 [FCC Compliance – Appendix Page 62]
Docket Operations 

June 20th, 2015

Page 2

• DJI Phantom 3 Pro – Reference Inspire 1 User Manual(EN) v1.0 

• The Phantom 3 Pro represents the next generation of quad copter UAS, 

capable of capturing 4K video and transmitting an HD video signal to a 

ground station. The Phantom 3 Pro utilizes the next-generation in flight 

control that provides a more safe and reliable flight.

4. Reference Phantom 3 Pro User Manual (EN) v1.2 [FCC Compliance – Appendix Page 56]

Regarding the Unmanned Aircraft (Person In Control) or PIC

6. Operator proposes to operate its UAS(s) with a pilot holding, at a minimum, a private pilot 

certificate.

• The UAS PIC will be trained in advance for the safe operation of the UAS to be 

operated. This will include operation of the UAS both in normal and emergency 

modes of operation, and will include familiarization with the user manual 

published by the UAS manufacturer. Training will also include types of 

maneuvers to be performed and the safe operation in relation to persons, property

and applicable airspace. 

• The PIC must have accumulated a minimum of 100 flight cycles and 25 

hours of total time as a UAS pilot and at least 10 hours logged as a UAS’s

pilot with an exact or similar UAS type.

• All operations must utilize Visual Observers (VOs). VOs who are not 

pilots that will attend ground training to understand the roles of an 

observer, safety, communication procedures, and proper visual scan 

techniques, operations at non-towered airports, and appropriate sections 

of the Aeronautical Information Manual.

Regarding the Operation of the Unmanned Aircraft

8. Operator proposes Civil Commercial operation of an UAS to operate in the following manner:

• Aerial photography and/or video for public and/or private use including real 

estate, architecture, land surveying, engineering and other related professional 

activities.

• Aerial video and/or photography for public and/or private use including television, 

public/private events, cinematography and news gathering.
Docket Operations 

June 20th, 2015

Page 3

• Aerial inspection/photography of residential/commercial structures under contract 

with the owner(s) or local government authority.

• Aerial inspection/photography of residential/commercial utility infrastructure 

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

• Aerial video/photography or providing live video feed (so as long as all other 

parameters are met contained herein) to assist with search and rescue operations 

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

government has requested it by contract or donation.

• The ability to offer training to persons individually or belonging to both private 

and/or public organizations that have interests in the use and application of a 

UAS for the purpose of the safe operation of a UAS to enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the person(s) 

and property.

• For additional operator adherence: 

I. Reference – Inspire 1 Safety Guidelines v1.0

II. Reference – Phantom 3 Pro Safety Guidelines v1.0

9. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). The UAS 

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

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. 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.

• A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight consisting of all the days’ production activities.

• Flights will be terminated at 20% battery power.

10. As described fully above, the requested exemption would permit the operation of an UAS 

under controlled conditions in the NAS that would be the following - limited, controlled, 

predetermined, and safely - to enhance the already safe operations in the industry presently 

using conventional aircraft. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to 

“....establish requirements for the safe operation of such aircraft systems in the national 

airspace system.”
Docket Operations 

June 20th, 2015

Page 4

Given the small size of the UAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest. 

11. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on 

current FAA-published aeronautical chart unless a letter of agreement with the airport’s 

management is obtained, and the operation is conducted in accordance with a Notice to Airmen 

(NOTAM), as required by the operator’s COA. 

12. The UAS must be operated within the visual line of sight (VLOS) of the PIC and VO(s) at all 

times. The VO(s) may be used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS capability. The VO(s) and PIC must be able to communicate verbally at all 

times. Electronic messaging or texting is not permitted during flight operations. Cell phone use

will be strictly prohibited during flight operations as long as the UAS is powered on.

13. Reference – Inspire 1 Safety Guidelines v1.0

14. Reference – Phantom 3 Pro Safety Guidelines v1.0

15. Operator’s Point of Contact –

Mr. Jeremy Autore

1022 Mount Benevolence Road

Newton, NJ, 07860

15. Operator will obtain required COA(s) once exemption is granted.

Exemption Requests and Equivalent Level of Safety

14 CFR Part 21, Sub-part H: Airworthiness Certificates 14CFR § 91.203 (a)(1)

Based on the limited size, weight, operating conditions, design safety features, and the imposed 

conditions and limitations, Operator has demonstrated that its operations would not adversely 

affect safety compared to similar operations conducted with aircraft that have been issued an 

airworthiness certificate under 14 CFR part 21, Subpart H. Therefore, as the FAA found for 

 Astraeus Aerial, Exemption 11062, the requested relief from 14 CFR Part 21, and any

associated noise certification and testing requirements of part 36, is not necessary.
Docket Operations 

June 20th, 2015

Page 5

14 CFR § 45.23 (b) – Display of marks

Since Operator’s UAS(s) have no entrance to the cabin, cockpit, or pilot station on which the 

markings can be placed, two inch lettering will be impossible. Official marking systems for 

small UAS have not yet been established for operations inside the NAS. 

Operator is prepared to mark the UAS(s) with the name of the organization and location nor 

origin and fulfill any other request by the FAA to this topic in accordance with 45.29 (f) where 

the pilot, observer, and others working with the UAS(s) will see the identification of the UAS. 

The FAA has issued the following exemptions to this regulation, see Exemption #'s. 8738, 

10167, 10167A and 10700.

14 CFR § 61.113 (a) & (b) - Private pilot privileges and limitations

This regulation provides:

(A) This regulation provides that no person that holds a private pilot certificate may act 

 as pilot in command of an aircraft for compensation or hire.

(B) This allows a private pilot to act as pilot in command of an aircraft in connection 

 with any business or employment if: 

1. The flight is only incidental to that business or employment.

2. The aircraft does not carry passengers or property for compensation or 

hire.

All the requirements of a private pilot certificate will prepare the UAS operator for the 

environment that they will be operating in. 

*Please reference Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot certificate operating a UAS would not 

adversely affect operations in the NAS or present a hazard to persons or property on the 

ground.

14 CFR § 91.7 (a) & (b) - Civil aircraft airworthiness

This regulation provides:

(A) No person may operate a civil aircraft unless it is in an airworthy condition. 
Docket Operations 

June 20th, 2015

Page 6

(B) The pilot in command of a civil aircraft is responsible for determining whether that 

 aircraft is in condition for safe flight. The pilot in command shall discontinue the 

 flight when un-airworthy mechanical, electrical, or structural conditions occur. 

While the operator’s UAS will not require an airworthiness certificate, operator is 

required to ensure that its aircraft is in an airworthy condition –based on compliance 

with the operating documents prior to every flight. As previously determined with 

Astraeus Aerial, Exemption 11062, relevant materials may be kept in a location 

accessible to the PIC in compliance with the regulations. 

14 CFR §91.9 (b)(2) -Civil Aircraft Flight Manual, marking, and placard requirements

14 CFR §91.203 (a) & (b) -Civil aircraft: Certifications required

As previously determined with Astraeus Aerial, Exemption 11062, relief from these sections 

are not necessary. Relevant materials may be kept in a location accessible to the PIC in 

compliance with the regulations.

14 CFR §91.109 -Flight instruction: Simulated instrument flight and certain flight tests

This regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." 

The controls for a UAS do not currently have a set of fully functioning dual controls. If a UAS’s

pilot is being trained, the pilot performing the training would be directly supervising and could 

take over the controls from the pilot in training if the need arose. This would be similar to the 

technique of a "throw-over type" control wheel in some fixed wing aircraft. We feel that this 

technique meets the intent 91 .109 and provides an equivalent level of safety.

14 CFR §91.119-Minimum safe altitudes

This regulation provides that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. 

Since the typical mission of this UAS would be photography or survey of persons, vessels, 

vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been obtained, 

and careful pre-planning has been performed. Further, UAS aircraft operate at a very slow 

airspeed, and a low mass, and do not need as much space to operate safely, as outlined in 

91.119. We believe the slower speed, smaller mass and careful pre-planning would provide an 

equivalent level of safety. Furthermore, Operator can place barriers and/or structures to 

sufficiently protect nonparticipating person from the UA or debris in the event of an accident.
Docket Operations 

June 20th, 2015

Page 7

14 CFR § 9l.l21 - Altimeter settings

This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft.

The UAS will normally be flying close to the ground, and in line of sight of the PIC or an 

observer. This line of sight operation will provide separation from other aircraft, obstructions 

and terrain providing an equivalent level of safety. Additionally, the altitude information 

generated by on-board GPS equipment installed on the aircraft will aid-in estimating the 

altitude.

14 CFR§91.151-Fuel requirements for flight in VFR conditions

This regulation provides that no person may begin a flight in an airplane under day VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph it to provide a reasonable 

reserve of energy to plan for a safe landing should there be a delay in landing. Given the close 

proximity to the ground station, the ability for the UAS to land in a very small space and the 

built in energy level monitoring of the UAS there is a resulting equivalent level of safety if the 

flight is planned to be completed with 20% battery energy remaining. We request an exemption 

to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR §91.205 (b) –Powered civil aircraft with standard category U.S. airworthiness 

certificates: Instrument and equipment requirements

Since the Operator’s UAS does not have a standard category U.S. airworthiness certificate, 

relief from 14 CFR § 91.205 is not necessary.

14 CFR § 91.215-ATC transponder and altitude reporting equipment and use

Section 91.215 (b)(3) includes provision for aircraft not originally certificated with an enginedriven electrical system or which has not subsequently been certified with such a system 

installed. For UAS not equipped with a transponder, sub-paragraph (d)(3) authorizes requests 

for ATC authorized deviations made to the ATC facility having jurisdiction over the concerned 

airspace within the time periods specified. For operation of an aircraft that is not equipped with

a transponder, the request must be made at least one hour before the proposed operation.

14 CFR § 91.401 –91.417–Maintenance, preventive maintenance, and alterations

This regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 43. Operator believes that 

adherence to their documents containing pre-flight and post-flight checks for the UAS is 

sufficient to ensure that safety is not adversely affected.
Docket Operations 

June 20th, 2015

Page 7

Respectfully, 

Jeremy Autore Owner, 

Aero Videography, LLC 

1022 Mount Benevolence Road

Newton, NJ 07860 

Phone: 973.534.4526

e-mail: jeremyautore@aerovideography.com