1 P.L. 112-95, 126 Stat 11, February 14, 2012.

2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a

type of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and

operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to

national security.

Page 1

August 8th, 2015

U.S. Department of Transportation, 

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for exemption from multiple regulatory provisions to allow the use of

Small Unmanned Aerial Systems (sUAS) controlled by staff of Aerial Advert LLC to

capture aerial photography/videography for the real estate, motion picture/television, 

agriculture, and infrastructure industries. 

To Whom It May Concern:

Aerial Advert LLC respectfully requests an exemption from several provisions of Title 

14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned 

aerial systems (sUAS) to capture aerial photography, videography, and surveying data 

for our clients. This request is directly influenced by the desire of Aerial Advert LLC 

to maximize safety, reduce direct costs, and drastically increase efficiency of services 

initially only available by manned aircraft. Accordingly, the grant of an exemption is 

consistent with Congress’ intent, reflected in Section 333 of the FAA Modernization 

and Reform Act of 2012 (Modernization Act),1 that safe systems be permitted in the 

national airspace prior to the issuance of final regulations governing general use of 

these systems.2 A summary of this request suitable for publication in the Federal 

Register is provided as Appendix A.

Appendix B provides the manufacturer’s information regarding the design, aircraft

performance, and fail-safe features. We have provided manufacturer information related to

operating limitations, normal and emergency procedures, and maintenance and inspection

procedures. As we add aircraft designs, we will update this appendix appropriately.

Joshua Jefferson

CEO

Aerial Advert LLC

893 W. Chilton Ave.

Gilbert, Arizona 85233

480-686-0417

jjefferson@aerialadvert.com

www.aerialadvert.com
Background Information

Aerial Advert LLC is in the business of consulting, building, and maintaining mission 

specific sUAS for our clients. We also specialize in capturing aerial photography, 

videography, and land survey data for a range of applications and purposes. Clients of 

Aerial Advert LLC seek our services for safe operations of sUAS. We have developed 

specific Aerial Advert LLC safe sUAS operational procedures to maximize safety during 

all sUAS operations. 

Aerial Advert LLC Photography, Videography, and Land Survey Data:

Real Estate

Television and Film 

Infrastructure Inspection

Construction Site Inspection

Agriculture Inspection

As part of the above list, Aerial Advert LLC is requesting FAA Exemption for sUAS 

operations for safety, inspection, and photo/video capture usage.

Regulatory Basis for Exemption Request

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA 

may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an 

exemption is in the public interest. The FAA has imposed a separate requirement in its 

procedural regulations, providing that the petitioner shall explain why granting the

exemption would not adversely affect safety or how the exemption would provide at least

an equivalent level of safety as compliance with the underlying regulation. In this case, 

approval of this exemption would advance the public interest by significantly enhancing 

the safety and efficiency of low-level flight operations conducted by sUAS and by 

providing the FAA with valuable user experience on sUAS in a context with appreciable 

economic and societal benefits. As described more fully below, the requested exemption 

would permit the operation of sUAS under tightly controlled conditions, thus ensuring 

that operations will not have an adverse impact on safety. To the contrary, as explained 

below, Aerial Advert LLC anticipates that the use of sUAS will enhance safety and 

efficiency in construction, agriculture, television/film, and infrastructure operations. 

Granting an exemption is in the public interest as Aerial Advert LLC’s sUAS operational

procedures benefit infrastructure safety, provide increases in crop yields, and ensure 

construction sites are maintained and operated in a safe and regulated manner.

Aerial analysis by traditional fixed wing aircraft is impractical because the required 

altitudes for safe flight reduce visibility below meaningful levels. Helicopters present 

better vantage points; however manned helicopters are much more costly, subject to 

human safety and carry highly explosive jet fuel making them impractical for 

deployment. By using sUAS for services listed above, Aerial Advert LLC will be able to 

substantially upgrade its capacity to detect and address issues with the right-of-way and 

other assets before they become a problem for safe operations. 
Granting an Exemption will not Adversely Affect Safety

Aerial Advert LLC notes that there is no applicable standard for an equivalency 

determination. Some have argued that the appropriate standard is that for model aircraft, 

noting that their operations, if conducted for recreational purposes, would fall completely 

within the allowable operations for model aircraft. We believe it is difficult to argue that 

there is sufficient correlation between model operations controlled by the Academy of

Model Aeronautics (AMA) and the ones contemplated by Aerial Advert LLC. At the same 

time, it is clear that equivalency cannot be established for traditional, manned civil aircraft 

because the design and use profiles between traditional aircraft and sUAS are simply too 

different. As such, we believe it makes more sense to focus on why the contemplated 

operations would not adversely affect safety, which is all that §11.81(e) requires.

Granting an exemption will not adversely affect safety. Aerial Advert LLC contemplates

conducting sUAS operations over client owned or controlled land, solely during daylight 

hours, at altitudes well below that which would pose a risk to other aircraft. In general,

sUAS operations are intended to be conducted in areas distant from both congested areas

and airports. The nature of operations anticipated by Aerial Advert LLC requires that the 

sUAS be flown at relatively low altitudes and relatively low speeds. Aerial Advert LLC

expects that in most instances, the sUAS will be flown less than 75 feet from the highest 

structure along the path of the sUAS. Accordingly, the risk of interference with another 

aircraft is minimal. Aerial Advert LLC also plans to conduct sUAS operations at least 

three miles from any public airports (including heliports). In the event an operation 

needs to be conducted closer to an airport, Aerial Advert LLC will inform the airport 

operator and airport air traffic control tower of the contemplated operation and will 

comply with any directions issued by air traffic control at that airport.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict

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

of the exemptions requested herein, including 333 Aircraft Exemption Status exempting 

the applicant from conventional aircraft requirements and allowing commercial

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in 

a controlled environment and, as a result, are far safer than conventional operations 

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

people.

Aerial Advert LLC initially intends to use a dedicated staff for sUAS operations. All 

operations will be within visual line-of-sight [i.e., no more than approximately 0.5 miles 

from the manipulator of the controls, or pilot in command (PIC)]. Each PIC will conduct 

at least three take-offs and landings with the sUAS on which he or she is trained every 

90 days. PIC’s will establish their qualifications thru a combination of aeronautical

knowledge, UAS	airmanship	skills,	and	verification	through	testing	of	flight	ability	before		

infrastructures	operations	have	commenced.	Depending on the type of operation,

additional ground-based visual observers may be employed. These observers will be 

within constant visual line of sight and in constant contact with the PIC. The visual

observers will assist the PIC in avoiding objects near the sUAS.
There are no standards for either private or commercial sUAS pilot certificates. The safe

operation and control of the UAS as described in this application does not depend on the

type of FAA license held by the PIC. Given the restricted and controlled airspace within 

which operations will take place, the key factors needed by the PIC are knowledge of the

airspace within which the operation will take place and how that airspace fits into the

National Airspace System (NAS). That knowledge can be and is gained primarily 

through ground school and not through flight training in fixed wing or rotor aircraft, nor 

is it dependent on the acquisition of a commercial or private pilot’s certificate. Those

certificates demonstrate knowledge of the factors and skills needed for the safe operation 

of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a

commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or 

ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, 

within strictly controlled pre-approved airspace. Besides knowledge of airspace

regulations, dexterity in the control and operation of the sUAS acquired from actual

operation of the aircraft is the most important factor in establishing an equivalent level of 

safety.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant

issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what

is being used today to accomplish the same mission, and (3) what precautions will be

taken to ensure the safety of those in the area of operation. We propose that the PIC has 

at least an FAA Private Pilots Certificate and a Class III medical; the aircraft be operated 

within a secure environment; and that no one be allowed to enter the secure environment

unless they are part of the operation, have been fully briefed of the risks prior to 

operation of the sUAS, and have consented to the risks associated with being in the 

operating area. Should there be a mishap, the sUAS being flown pose significantly less of 

a threat than the helicopters and fixed wing aircraft now being employed because they

are a fraction of the size, carry no flammable fuel, do not carry crew or passengers, and

pose an infinitesimal risk to others. This is in stark contrast to conventional aircraft that

are flown to the site, carry explosive fuel, carry passengers and crew, and operate in a

much larger area.

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who 

are also qualified to fly the type of sUAS that are utilized for image/video/survey-capture

operations. There are even fewer commercial pilots that can fly these sUAS – to the point

that to do both is considered rare. Assuming that it is unlikely for a company to find a

pilot that has both qualifications, that company would either have to source a qualified 

sUAS pilot to train and obtain a commercial certificate, or find a commercial certificated 

pilot who would be willing to learn to fly a sUAS to the competency level required for 

professional use. 
Minimum requirements for the PIC include:

1) Private Pilot’s license and a Class III medical;

2) A minimum of 200 flight cycles and 25 hours of total time as a sUAS

rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS

type (single blade or multirotor);

3) A minimum of 5 hours as sUAS pilot with the make and model of sUAS to

be utilized for operations under the exemption and 3 take offs and landings in

the preceding 90 days;

4) Have undergone a qualification process as specified in the Flight Operations

& Procedures Manual consisting of a knowledge & skill test of the aircraft to be

used.

Another consideration supporting the certificate requirement is that pilots holding a

private pilot certificate are subject to security screening by the Department of Homeland 

Security. This requirement should ameliorate security concerns over UAS operations 

under this exemption.

Aerial Advert LLC intends to use commercially available sUAS components for sUAS.

These sUAS systems will be tested for quality & safety in our test facility before being 

deployed to the field. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot

nor passenger, and operates exclusively within a secured area. We have a routine

maintenance schedule to verify that the sUAS will remain in safe and operational

condition. Please see Appendix B, for Specific Types of sUAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112---95 in	

reference to 49 USC 44704, and in consideration of the size, weight, speed, and limited	

operating area associated with the aircraft and its operation, we request that this	

aircraft exemption meets the conditions of Section 333. Therefore, if granted Section	

333 relief of 14 CFR part 21, and any associated noise certification and testing	

requirements of part 36, is not necessary.

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two-inch lettering will be impossible. UA will 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 will be	

as large as practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

Aerial Advert LLC’s request is based on the fact that no airworthiness certificate will be 

issued for the UAS. Aerial Advert LLC’s UAS will not require an airworthiness 

certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an 

airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary.
Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard

Certifications required, the original intent of these regulations was to display an aircraft’s 

airworthiness, certification, and registration documents so they would be easily available

to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft’s 

control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2)

and 91.203(a) and (b) is not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests

Small UASs, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via

radio communications. Aircraft being considered for use by Aerial Advert LLC allow the

UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In

the event of the student losing control, the UAS Instructor can quickly and via alternate

equipment (equipment not in the hands of the student) place the aircraft into a mode that

then allows the instructor to bring the aircraft back into control and back to the predetermined and/or safe landing location. Aerial Advert LLC does not describe training 

scenarios in which a dual set of controls would be utilized or required, i.e. dual flight 

instruction, provided by a flight instructor or other company-designated individual, that 

would require that individual to have fully functioning dual controls. Rather, Aerial 

Advert LLC evaluates the qualification of its PICs based on their experience with the 

UAS to be operated and verifies through testing, in lieu of formalized training. As such, 

Aerial Advert LLC does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b)

Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, 

because the Aerial Advert LLC’s operations will only be conducted within a secured area

described herein.

Aerial Advert LLC Safety Operations & Procedures Overview:

TechnologyConsiderations:

Best-in-class, tried and proven technologies that are in advanced iterations. Software from

highly-reputable industry partners will include features -

1. Auto descent (landing) if communication signal were to be severed. If the sUAS

loses communications, the sUAS will have capability to return to a pre-determined

location and land.

2. Auto descent (landing) if battery were to drop lower than nominal level.

3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real-time positioning feedback. In other words, we

can monitor the scene from the vehicle's perspective for collision avoidance, and to

maintain spatial orientation.

5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles

or emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle

health at all times: speed, altitude, number of GPS satellites (whenavailable),

heading and voltage.
7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2)

link failures occur (highly improbable), vehicle returns automatically to the point of

launch.

8. Altitude information will be provided to the sUAS pilot via a digitallyencoded

telemetric data feed, which downlinks from the aircraft to a ground-based on-screen

display. This altitude information will be generated by equipment installed on board

the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or

radio altimeter, or any combination thereof. Prior to each flight, a zeroaltitude

initiation point will be established and confirmed for accuracy by the pilot.

Mechanical/Physical:

1. We will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS

to the pilot, thus eliminating the concern of signal severance (flying behind

objects/walls).

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site.

6. UA operated under this exemption will be marked in accordance with 14 CFR

part	45	or	as	otherwise	authorized	by	the FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for operators

(pilot, gimbal op, director)

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle

control/communication.

3. A briefing will be conducted in regard to the planned sUAS operations priorto

each day’s activities. It will be mandatory that all personnel who will be performing

duties within the boundaries of the safety perimeter be present for this briefing.

4. The operator will obtain the consent of all persons involved in the sUAS operations

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

operations.

5. Observer and pilot will at all times be able to communicate by voice.

6. Written and/or oral permission from the relevant property holders will be obtained.

7. Pilot and observer will have been trained in operation of UAS generally and

received up-to-date information on the particular UAS to be operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), 

including energy source(s) and equipment. Operations authorized by this petition 

of exemption are limited to the following aircraft described in Appendix B. 

Proposed operations of any other aircraft will require a new petition or a petition 

amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights 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 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 medical

certificate.

5. All operations must utilize a visual observer (VO). 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.

6. Prior to each flight the PIC 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, if utilized, 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 operator’s manual. 

The PIC 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 operator’s manual.

8. The operator must follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

When unavailable, aircraft maintenance/component/overhaul, replacement, and 

inspection/maintenance requirements must be established and identified in the

operator’s manual. At a minimum, requirements for the following must be

included in the operator’s manual:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and

j. Any other components as determined by the operator;

9. The Pilot In Command (PIC) must possess at least a private pilot certificate

and at least a current third-class medical certificate. 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.
11. Prior to operations conducted for the purpose of services listed herein, the PIC 

must have accumulated and logged, in a manner consistent with 14 CFR §

61.51(b), a minimum of 200 flight cycles and 25 hours of total time as a UAS 

rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type 

(single blade or multirotor). Prior documented flight experience that was obtained 

in compliance with applicable regulations may satisfy this requirement. Training, 

proficiency, and experience-building flights can also be conducted under this 

petition of exemption to accomplish the required flight cycles and flight time. 

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.

12. Prior to any flight operations authorized by this petition of exemption, the PIC 

and VO must have successfully completed a qualification process, as outlined in 

the operator’s manual. As this is a requirement stipulated by the operator, the test

must be developed and implemented by a qualified person designated at the sole

discretion of the operator. A record of completion of this qualification process 

must be documented and made available to the Administrator upon request.

13. Prior to operations conducted for the purpose of services listed herein, a

flight demonstration, administered by an operator-approved and -qualified 

pilot mustbe successfully completed and documented. This documentation 

must be availablefor review upon request by the Administrator. Because the

knowledge and airmanship test qualifications have been developed by the

operator, and there are no established practical test standards that support a 

jurisdictional FAA FSDO evaluation and approval of company designated

examiners, the petitioner will conduct these tests in accordance with the 

operator’s manual.

14.The UA may not be operated directly over any person, except 

authorizedand consenting personnel, below an altitude that is hazardous to

persons or property on the surface in the event of a UAS failure or

emergency.

15.Regarding the distance from participating persons, the operator’s

manual has safety mitigations for authorized and consenting personnel. 

At all times,those persons must be essential to the operations.

16.Regarding distance from nonparticipating persons, the operator must 

ensurethat no persons are allowed within 400 feet of the area except those 

consenting to be involved. Thisprovision may be reduced to no less than 100

feet if it would not adversely affect safety and the Administrator has approved 

it. For example, an equivalent level of safety maybe determined by an 

aviation safety inspector’s evaluation of the flight area to note terrain features,

obstructions, buildings, safety barriers, etc. Such barriers may protect 

nonparticipating persons (observers, the public, news media, etc.) from debris 

in the event of an accident.
17.If the UAS loses communications or loses its GPS signal, the UA must

return to a pre-determined location and land or be recovered in accordance 

with the operator’s manual.

18.The UAS must abort the flight in the event of unpredicted

obstacles or emergencies in accordance with the operator’s manual.

19.Each UAS operation must be completed with 25% battery power

remaining.

20.The operator must obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting any

operations under this petition of exemption. This COA will also require the

operator to request a Notice to Airman (NOTAM) not more than 72 hours in

advance, but not less than 48 hours prior to the operation.

21.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.

22.The operator must develop 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 theUAS.

23.Each UAS operated under this exemption must comply with all

manufacturer Safety Bulletins.

24.The operator must develop UAS technician qualification criteria. These

criteria must be added to the operator’s manual.

25.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.

26.The 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.

27.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, ultralight

vehicles, parachute activities, parasailing activities, hang gliders, etc.).
28.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.

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

vehicle.

30.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.

31.The UA may not operate in Class B, C, or D airspace without written

approval from the FAA. The UA may not operate within 5 nautical miles of 

thegeographic center of a non-towered airport as denoted on a current FAApublished aeronautical chart unless a letter of agreement with that airport’s

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

NOTAM as required by theoperator’s COA. The letter of agreement with the

airport management must be made available to the Administrator upon

request.

33. 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) perinstructions contained on the NTSB Web site: www.ntsb.gov.

Further flight operations may not be conducted until the incident, accident, or

transgression is reviewed by AFS-80 and authorization to resume operations is

provided.

Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, Aerial Advert LLC 

provides the following information:

Contact Information:

Joshua Jefferson 

CEO

Aerial Advert, LLC

893 W. Chilton Ave. 

Gilbert, AZ 85233

(480) 686-0417

jjefferson@aerialadvert.com
Regulatory Provisions from which Aerial Advert LLC seeks an Exemption

Aerial Advert LLC believes it may need an exemption from the following provisions to 

conduct the contemplated operations. In some instances, relief is needed because relief 

from another provision renders compliance with the regulation at hand infeasible.

333 Aircraft Exemption Status 

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1)&(2)

14 C.F.R. §91.417(a)&(b)

Aerial Advert LLC believes an exemption is only needed from the above-listed

regulatory provisions. To the extent that the FAA believes that additional relief is 

required for Aerial Advert LLC to conduct the operations described here, we request an 

exemption from any such regulatory provisions as well.3

3 For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as

applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met andwill

require an exemption, Aerial Advert LLC believes a separate exemption should not be required for

§91.417(a).

The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft fromthe

requirement for an airworthiness certificate based on a consideration of the size,weight,

speed, operational capability of the particular UAS, as well as its proximity to airports and

populated areas. An analysis of these criteria demonstrates that the sUAS operated without an

airworthiness certificate in the areas and under the conditions contemplated by Aerial Advert 

LLC will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft)

operating with an airworthiness certificate without the conditions proposed in this request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates

exclusively within a secured area. Unlike other civil aircraft, operations under this exemption

will be tightly controlled and monitored by the operator and observer. Operations willbe

conducted in compliance with the FAA and with local public safety requirements. Lastly, 

application of thesesame criteria demonstrates that there is no credible threat to national

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

explosive materials and inability to carry a substantial externalload.

Given the size and limited operating area associated with the aircraft to be utilized by the

Applicant, this meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the

requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the

particular sUAS. In all cases, an analysis of these criteria demonstrates that the UAS 
operated without an airworthiness certificate, in the restricted environment and under the

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without the restrictions

and conditions proposed.

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person 

who holds a private pilot certificate may act as 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.

*****

Aerial Advert LLC anticipates initially using a cadre of specially trained staff to 

conduct the sUAS operations. These individuals will not hold commercial pilot licenses.

Without an exemption, the pilot would be required to hold a commercial pilot certificate

under §61.133. However, the risk associated with the contemplated operations is less than 

the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the

permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a 

geographical envelope under the sole control of Aerial Advert LLC’s clients. Requiring a 

commercial pilot certificate would provide no appreciable safety benefit and would 

needlessly impose additional cost on Aerial Advert LLC. Because the contemplated 

operations would not comply with §61.113(b)(1) and none of the other exceptions to 

paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General.

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.

*****

Aerial Advert LLC submits that the only relief it requires from §91.119 is from 

the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for 

fixed wing operations because the services described herein, conducted at 500 feet or 

higher, is insufficiently distinct to be meaningful. Since operations at this altitude also 

pose a heightened risk of collision with another aircraft, safety can only be assured 

through the grant of an exemption. The anticipated rotorcraft operations should be 

adequately addressed by paragraph (d) (1). Additionally, relief should not be needed 

from paragraph (a) because an emergency landing of the aircraft due to a power failure 
will not create an undue hazard to persons or property on the surface. As noted in the 

explanation of why an exemption will not adversely affect safety, Aerial Advert LLC’s 

clients have exclusive use of the land over which the sUAS will be operated, and public 

access is restricted. Aerial Advert LLC does not anticipate conducting operations over 

congested areas, so relief is not requested from paragraph (b).

14 C.F.R. 91.121

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 sUAS may not have a barometric altimeter, but instead a GPS altitude read 

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

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the

launch site shown on the GPS altitude indicator before flight. Altitude information will

be provided to the sUAS pilot via a digitally encoded telemetric data feed, which 

downlinks from the aircraft to a ground-based on-screen display.This altitude

information will be generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio altimeter, orany

combination thereof. Prior to each flight, a zero altitude initiation point will be

established and confirmed for accuracy by the pilot.

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(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.

(b) No person may begin a flight in a rotorcraft 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, to 

fly after that for at least 20 minutes.

*****

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve

fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could 

run out of fuel in the event it has to be flown to an alternate airport or circle the planned 

airport in the event of unanticipated conditions. Aerial Advert LLC does not intend to 

use the sUAS for point-to-point flights and will not operate the sUAS beyond visual line 

of sight nor will the sUAS require an airport in order to land. Rather, Aerial Advert LLC 

will operate the sUAS using pre-planned flight paths (taking into account weather 

conditions) designed to allow the sUAS to fly to the point of intended landing. As such, 

there is no need for a time- based excess fuel requirement. Rather it should be sufficient 

to require only as much additional excess flight capacity as necessary to safely land the 

sUAS. We believe that a 25% battery reserve is more than sufficient to meet this

objective.
14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R.

91.417(a) & (b)

§91.405 Maintenance required.

Each owner or operator of an aircraft –

(a) 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;

*****

§91.407 Operation after maintenance, preventive maintenance, 

rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, 

rebuilding, or alteration unless –

(1) It has been approved for return to service by a person authorized under

§43.7 of this chapter;

*****

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate

an aircraft unless, within the preceding 12 calendar months, it has had 

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by §43.7 of this 

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

*****

§91.417 (a) & (b)

*****

Aerial Advert LLC believes that an exemption from these three maintenance 

requirements is appropriate because the FAA has not developed maintenance standards 

that would allow an operator to meet the part 91 maintenance requirements. In particular, 

there are no individuals authorized by the FAA to approve a sUAS for return to service

under §91.407(a) or to conduct the initial airworthiness and annual return to service

inspections required by §91.409(a). Aerial Advert LLC will maintain the aircraft as 

instructed in the owner’s manual and ASTM F2909, where applicable, and will not 

operate the aircraft until it has reasonably determined that any needed repairs have been 

made. However, because of the technical impossibility of meeting the requirements of 

§§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these 

provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address 

provided above should you have any questions or concerns.

Respectfully Submitted,

Joshua Jefferson

CEO, Aerial Advert LLC
Appendix A

Summary for Federal Register Publication

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

Federal Register should the FAA determine that publication is needed.

Petitioner: Aerial Advert LLC

Sections of 14 C.F.R. Affected:

333 Aircraft Exemption Status

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 

C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and

91.417(a)&(b) to conduct sUAS operations over Aerial Advert LLC Client’s owned or

controlled land, solely during daylight hours, to capture photo/video for television, film, 

and real estate purposes as well as to assist in infrastructure, construction, and 

agricultural inspections. In general, sUAS operations are intended to be conducted in 

areas remote from both congested areas and airports. The nature of operations anticipated 

by Aerial Advert LLC requires that the sUAS be flown at relatively low altitudes. Aerial 

Advert LLC expects that in most instances, the sUAS will be flown less than 75 feet from 

the highest structure along the path of the sUAS and in no instances will be flown higher 

than 400 feet above the ground. Accordingly, the risk of interference with other aircraft is

minimal.
Appendix B

Specific	type(s),	make,	andmodel

#1---DJIS1000

See	Attached	Flight Manuals:

DJI	S1000	User	ManualV1.08		

3D Robotics PixHawk Flight Manual Rev6
#2 --- DJI Phantom 3

See	Attached	Flight Manuals:

DJI	Phantom	3	User Manual

NAZA---M_Flight Control System