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 findi ng 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

S mall Unmanned Aerial S yste ms (sUAS) controlled by staff of Aerial Advert LLC to

capture aerial photography/ vide ography for the real estate, moti on 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 s ystems (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 co sts, an d 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 A ct), 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 manufactur er ’ 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.comBackground Information

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

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

videography, and l and survey d ata for a ra nge of applications and purposes. Clients of

Aerial Ad vert LLC seek our services for safe o perations o f sUAS . We have developed

specific Aerial Advert LLC safe sUAS operational p rocedures to maximize safety during

a ll sUAS o peration s.

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 un der 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 advers ely 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 e fficiency 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 co nstruction, agriculture, television/film, and infrastructure operations.

Granting an e xemp tion is in the public i nterest as Aer ial 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 vi sibility below meaningful le vels. 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 f or services lis ted 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 fa ll 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) a nd the ones contemplated by Aerial Adv ert 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 n ot 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 o f operations anticipated by Aerial Advert LLC requires that the

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

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

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

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 a n 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 exemp ting

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 operati ons

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 pi lot 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 o bservers 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.The re are no standards for either private or c ommercial sUAS pilot cer tificates. 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 b y 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 fi xed 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 ro torcraft). 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

- appr oved 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 enviro nment

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 conv entional 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 t ype 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 b oth 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

profe ssional 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 specif ied 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 s creening by the Department of Homeland

Security. This requirement should ameliorate security concerns over UAS operations

under this exemption.

Aerial Advert LLC intends to u se commercially available sUAS c omponents for sUAS.

These sUAS systems will be te sted 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

I n a cc o r dan c e w it h t h e s t a t u t o r y crit e ri a p r ov i de d i n Se cti o n 33 3 o f P L 11 2

- - - 9 5 i n

r e f e r en c e t o 4 9 US C 44704

, an d i n c ons i de r a ti o n o f t h e s i ze

, w e i gh t

, speed

, an d li m it e d

ope r a ti n g a r e a a ss o ci a t e d w it h t h e a ircr a f t an d it s ope r a ti on

, w e r eques t t ha t t h i s

a ir c r a f t exe m p ti o n m ee t s t h e c ond iti on s o f Se cti o n 333

. The r e f o r e

, i f g r an t e d Se cti o n

33 3 r e li e f o f 1 4 CF R pa r t 21

, an d an y a ss o ci a t e d no is e c e rtific a ti o n an d t e sti ng

r equ ir e m en t s o f pa r t 36

, i s no t ne c essa r y

.

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

G ive n the s ize of the sUAV, t wo

- inc h letteri ng w ill be im poss ible

. U A w il l b e i den tifi e d

b y s e ri a l nu m be r

, r eg ist e r e d i n a cc o r dan c e w it h 1 4 CF R pa r t 47

, an d hav e i den tific a ti o n

( N

- - - N u m be r ) m a r k i ng s i n acco r danc e w it h 1 4 CF R pa r t 45

, Subpa r t C

. M a r k i ng s w il l b e

a s l a r g e a s p r ac ti cab l e

.

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 r egulations 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 document s 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 flig ht 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 Adve rt 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) pl ace the aircraft into a mode that

then allows the instructor to bring the aircraft back into control and back to the pre

determined 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 functio ning 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 fo rmalized 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 co nducted within a secured area

described herein

.

Aerial Advert LLC Safety Operations & Procedures Overview:

Technology Considerations:

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

locati on 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 (when available),

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 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, or any combination thereof. Prior to each flight, a zero altitude

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 prior to

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 fl ight 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 underg one 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 tes t 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

opera tor’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 (s ingle 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 multir otor). 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 nonpar ticipants 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 must be successfully completed and documented. This documentation

must be available for 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

authorized and 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

ensure that n o persons are allowed within 400 feet of the area except those

consenting to be involved. This provision 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 may be 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 the UAS.

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

the geographic center of a non

- towered airport as denoted on a current FAA

published aeronautical chart unless a letter of agreement with that airport’s

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

NOTAM as required by the operator’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) per instructions contained on the NTSB Web site: www.ntsb.gov.

Further fli ght 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.comRegulatory 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 regulati on 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 and will

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 from the

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 contemplat ed 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 will be

conducted in compliance with the FAA and with local public safety requirements

. Lastly,

application of these same criteria demonstrates that there is n o 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 external load.

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 c riteria demonstrates that the UASoperated 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 a irworthiness 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, f or 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. T hese 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 envelop e 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 L LC . 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 whe n 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 par agraph (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, safe ty 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 d ue to a power failurewill 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 wi ll 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 require s 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, or any

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

established and co nfirmed 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 con ditions) 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 ra ise 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 wea ther

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 th is 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 par ticular,

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 requi rements 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 S ubmitted,

Joshua Jefferson

CEO, Aerial Advert LLCAppendix 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 c onduct sUAS operations over Aerial Advert LLC Client’s owned or

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

and real estate purposes as well as to assist in infrastructure, cons truction, 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,	and model



## #1

- -- DJI S1000

See	Attached	Flight Manuals:

DJI	S1000	User	Manual V1.08

3D Robotics PixHawk Flight Manual Rev6

## #2

- -- DJI Phantom 3

See	Attached	Flight Manuals:

DJI	Phantom	3	User Manual

NAZA

- - - M

_ F li

gh t Con tr o l Sy ste m