07/14/2015

William A James

Next Generation Aerial Services

117 Michael St

Elizabethtown PA 17022

(717) 598-1700

bubbagates@icloud.com

I formally petition the Federal Aviation Administration (FAA) for an exemption from part 21, subpart 

H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119 (c) 91.121, 91.151(a), 91.203(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations 

(14 CFR).

Outlined below are the descriptions of the parts, subparts and sections in which I request 

exemptions and my reason for requesting the exemptions.

Part 21 prescribes the procedural requirements for issuing and changing design approvals, 

productions approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23(b) prescribes that 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. 

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft. 

(b) a private pilot may, for compensation or hire, 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; and 

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

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition. 
Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes:

(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. 

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this 

section, provided each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums 

prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinent part, 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.” 

Section 91.151(a) prescribes that 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 [emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration 

certificate issued to its owner or, for operation within the United States, the second copy of the 

Aircraft registration Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the 

airworthiness certificate 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.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except 

as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 

of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section: 
(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records 

must include—

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection required 

by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under 

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service.

Next Generation Aerial Services’ exemption requests from the 

above are detailed below:

Unmanned Aircraft System:

Next Generation Aerial Services plans to operate a UAS, the Tarot X6, which is comprised of an 

unmanned aircraft (UA or X6). The Tarot is a hexa-copter with a gross weight of about 6 pounds and 

utilizes the DJI Naza V2 Flight Control system. It is equipped with six rotors that are driven by 

electric motors which is powered by batteries. The UA has a maximum airspeed of 40 mph. 
Next Generation Aerial Services plans to use this UAS in aerial cinematography and photography on 

rural farm sites, rural RV resorts, enhancing real-estate listings and other such tasks for businesses in 

the greater Elizabethtown, Hershey, Harrisburg and Lancaster Pa areas which could benefit from an 

aerial view for their planning of future expansions and/or advertising of their products or business. 

For most businesses and realtors in the area, standard aerial photography has been very cost 

prohibitive. The economic impact of being able to assist your business using aerial photography 

would be substantial. 

The use of this UAS in the above named applications greatly reduces risk to the public and property 

as there is no fuel carried by the Tarot, aircraft noise is greatly reduced as opposed to a standard 

aircraft or rotorcraft both of which require numerous passes or extended lengths of hover time to 

accomplish the same task as the Tarot X6 can in only a few minutes. The Tarot X6 only weighs 

about 6 pounds and is by far a much smaller hazard to persons or property than a standard aircraft or 

helicopter in the event of a catastrophic in-flight failure. 

There is no higher priority for Next Generation Aerial Services other than the safety of the public and 

property.

Next Generation Aerial Services makes the following representations of its operation in which to 

abide by to ensure these exemptions if granted, will provide a level of safety at least equal to 

existing rules:

The Tarot X6 will only be operated by, at a minimum, a private pilot with at least a 3rd class airman 

medical certificate. The PIC will have completed at a minimum, 25 hours of documented flight time

using the Tarot X6 with focus being:

a) Collision avoidance

b) Loss of C2 link procedures as outlined in the Operators manual for the Tarot X6.

c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing weather etc.

d) Estimating distance from objects, persons, vehicles and vessels. 

e) Communication with the spotter(s)

f) Completed the Tarot X6 pilot training guide maneuvers and skills. (PDF) attached.

g) The ability to recognize persons or objects that are not part of the intended and permitted 

part of the project that enter the 500 foot operational area unless such persons or objects 

are deemed permitted by the owner or controller of the property or area and the PIC makes 

a safety assessment of the risk of operating closer and it does not pose undue or significant 

risk. 

h) The ability to quickly and safely land the Tarot X6 in the event of intrusion into the safe 

zone.

1.) A complete pre-flight systematic check by the PIC of the Tarot X6’s physical condition, i.e. 

props, landing gear, position indicator lights, battery capacity and overall airframe 

condition. If any of the above are not within the manufacturers minimum standards no 

flight will take place until such time as the issue(s) is repaired to manufacturers standards.

2.) Written and/or electronic documentation of each physical inspection and repairs if any, by 

the PIC (pilot in command) will be kept with the Tarot X6 and will be on-site and available 

for review.
3.) Software in relation to the Tarot X6’s operation will be checked for proper function. The 

most current DJI Flight Controller APP and the current firmware will be installed to assure 

the most up to date safety features. 

4.) Prior to every flight, the compass on the Tarot X6 will be calibrated as to ensure precision 

location.

5.) Next Generation Aerial Services will ensure the altimeter setting on the Tarot X6 is that of 

AGL (above ground level) rather than GPS or barometric pressure derived settings.

6.) Every safety feature offered through the DJI Flight Controller APP will be enabled for every 

flight, every time.

Please refer to the attached DJI Naza Flight Controller V2 PDF file starting at page 11 for a 

description of the following safety features:

 (7) Compass calibration

 (8) Low battery auto go home

 (9) Dynamic home point

 (10) Current RTH (return to home) altitude (AGL)

 

7.) Use of the DJI Ground Station GUI (graphical user interface)

Refer to attached DJI Ground Station PDF for detailed descriptions starting at page 34. 

Of particular interest are the following:

[3] Flight attitude and radar function

[4] Flight parameters-RTH (return to home) altitude, horizontal distance from home point, 

altitude-vertical distance from home point, speed-horizontal flying speed.

[6] Flight Battery Level indication

[7} There is a built in preflight checklist within the DJI vision APP which is completed prior to 

each flight.

[8] Aircraft GPS Status-Next Generation Aerial Services’ Tarot X6 will not 

fly with less than (7) GPS Satellites available.

[14] Hide or show flight parameters- Next Generation Aerial Services’ Tarot 

X6 will ALWAYS fly with parameters displayed in order to assist in 

maintaining safe distances from persons and objects and to 

adhere to the flight plan. 

8.) Next Generation Aerial Services will operate with a minimum of (1) one, trained spotter for 

every flight. “Trained” meaning familiarization with the Tarot X6, its abilities according to 

the operators’ manual as well as the abilities of PIC. Spotters will participate in documented 

training developed in-house prior to being allowed on the flight line. Training will consist of, 

at a minimum the following:

a) The ability to roughly identify minimum distance from objects

b) The ability to quickly recognize unusual flight maneuvers/attitudes of the Tarot X6

c) The ability to communicate with the PIC the visual limitations and to never let the Tarot 

X6 out of the visual capabilities of the PIC and the spotter(s).
d) The ability to recognize persons or objects that are not part of the intended and 

permitted part of the project that enter the 500 foot operational area unless such 

persons and objects are deemed permitted by the owner or controller of the property 

or area and the PIC makes a safety assessment of the risk of operating at a closer range

and it does not pose undue or significant risk to those persons or objects. “

e) The ability to accurately describe to the PIC, the orientation of the Tarot X6 in relation to 

the pre-set home point as well as the direction of travel.

f) The training will take place under strict, safe conditions away from persons or large 

obstacles. I.e. large open fields. 

9.) Prior to each flight, the PIC and the Spotter(s) will perform a pre-flight briefing detailing the 

estimated flight distance, estimated flight level AGL and the goal of the particular flight. 

Each preflight briefing will be documented by the PIC to include flight details, pilot name, 

spotter(s) name, weather details, time and date.

Written and/or verbal consent will be obtained from the person/business requesting the 

flight.

A post-flight briefing will also be conducted and documented with the PIC and the 

 

The Documented Pre-flight, the raw pictures and/or the raw video footage as well as the 

post-flight brief and written consent will be kept by Next Generation Aerial Services for a 

period of at least (2) years. 

Next Generation Aerial Services believes that given the size, weight, speed, and limited 

operating area associated with the Taort X6, requests an exemption from 14 CFR part 21, 

Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), 

subject to certain conditions and limitations, is warranted and meets the requirements for 

an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 

333).

Next Generation Aerial Services requests exemption from § 45.23 Marking of the aircraft. 

The Tarot X6 does not have a cabin, does not have a cockpit or a pilot station. Minimum 

sized lettering and wording are difficult to place on the Tarot X6. Next Generation Aerial 

Services will however affix a sticker on the unit which will contain contact information for 

the company in case of aircraft loss.

Next Generation Aerial Services requests an exemption from §§ 91.405(a), 91.407(a) (1), 

91.409(a) (2) and 91.417(a) and (b) Maintenance inspections and feel it should be granted 

since they only apply to aircraft with an airworthiness certificate. Next Generation Aerial 

Services has developed maintenance inspections and documentation methods for the Tarot 

X6 from over 25 years of personal experience remote control experience.

 UAS Pilot in Command (PIC) 
Under § 61.113 (a) and (b) private pilots are limited to non-commercial operations. Next 

Generation Aerial Services will only use, at a minimum a pilot with a private pilot license, 

current 3rd class airmen medical certificate. 

Under current regulations, civil operations for compensation or hire require a PIC holding a 

commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations in 

accordance with pertinent parts of 14 CFR 61.113(a) and (b), a pilot holding a private pilot 

certificate cannot act as a PIC of an aircraft for compensation or hire unless the flight is only 

incidental to a business or employment. “However, in Grant of Exemption No. 11062 to 

Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate 

operating the Astraeus UAS would not adversely affect operations in the NAS or present a 

hazard to persons or property on the ground.” Next Generation Aerial Services requests that 

an exemption allowing a private pilot employed by Next Generation Aerial Services be 

allowed to be the PIC of the Tarot X6 for compensation similar to the grant of exemption 

No.11602 to Astraeus Aerial.

Next Generation Aerial Services requests relief from § 91.119(c) because the aircraft will be operated 

at altitudes below 300 feet AGL. Section 91.119(c) states that no person may operate an aircraft 

below the following altitudes: 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. Next Generation Aerial 

Services will operate pursuant to the following restrictions related to § 91.119: 

-Operate in reasonably safe environments that are closely monitored by ground assistants and signage 

placed in locations that would be considered reasonable locations for pedestrians, vehicles or vessels

to enter the area.

-Within 5 miles of airports and congested areas. Congested areas will be defined by VFR charts as 

well as by contacting the local FSDO (flight standards district office)

- Conduct all operations under Next Generation Aerial Services’ guidelines contained in the 

operating documents and will analyze flight data and other sources of information such as the 

manufacturer’s website to constantly update and enhance safety.

-Contact respective airports if operations will be within 5 miles to advise them of estimated flight 

time, flight duration, elevation of flight and other pertinent information deemed important by the 

airport.

- Always obtain all necessary permissions prior to operation. Permissions include but are not limited 

to a (COA) and a request for a (NOTAM) as well as permission from the property owner or person in 

control of the property and when practical will be in writing and kept on file for 2 years for review. If 

it’s not possible to obtain written permission, the PIC will document in writing how permission was 

obtained i.e. phone call with date, time and party information. 

Next Generation Aerial Services requests relief from 14 CFR 91.121 Altimeter Settings. Next 

Generation Aerial Services Tarot X6 has a barometric altimeter and GPS derived altitude capabilities. 

The FAA requires any altitude reported to ATC to be in feet AGL. Next Generation Aerial Services

will set the altimeter on the Tarot X6 to zero feet AGL rather than local barometric pressure or field 

altitude before flight. 

Next Generation Aerial Services requests relief from § 91.151 (a) Fuel requirements for flight in 

VFR conditions based on the following: 
No fuel is used in the Tarot but it is battery operated. Batteries have, in our experience have about 20

minutes of quality flying time. In the interest of safety, Next Generation Aerial Services generally 

lands with 35% of battery remaining which gives about 14 minutes of flying time per battery. The 

Tarot X6 has an audible battery state warning system. Next Generation Aerial Services will always 

follow the manufactures minimum battery warning which is 30% remaining. There is also an onscreen warning of not enough battery to return to home message if flight distance has exceeded 

battery capacity. In this event, an emergency landing would be made as soon as safe and practical.

The Tarot X6 also has an automated function which results in immediate landing when a low battery 

is detected. Researching previous relief requests, relief has been granted for manned aircraft to 

operate at less than prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In 

addition, similar UAS-specific relief has been granted in exemption Nos. 8811, 10808, and 10673 for 

daytime, VFR conditions. Next Generation Aerial Services will adhere to all VFR minimums as well 

as VMC conditions when planning and/or executing any flights. There is little purpose for aerial 

video or pictures if the weather is less than desirable. Following VFR minimum standards will at 

least ensure a safe flight. Wind and forecast weather will be a key in deciding suitable conditions. 

Local weather can be attained from the nearest airport by using AWOS. No flight will take place in

any condition that would potentially be outside of the Tarot X6 capabilities in wind. Next Generation 

Aerial Services will always fly within its 30% minimum remaining battery life at its first intended 

landing point.

Next Generation Aerial Services will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations. Next Generation Aerial Services

will also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 

48 hours prior to the operation. 

If there are any areas that have not been addressed, please contact me for supplemental information.

Sincerely,

William A James

Next Generation Aerial Services

117 Michael St 

Elizabethtown PA 17022

(717) 598-1700

bubbagates@icloud.com