September 11, 2015

Exemption No. 12823

Regulatory Docket No. FAA−2015−2582

Mr. Edward Hunter Roberts

Desert Aerial, LLC

504 East Camino Crystal Azul

Sahuarita, AZ 85629

Dear Mr. Roberts:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated June 2, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Desert Aerial, LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

videography, film production for motion picture sets, research, and demonstrations.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
2

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1 and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Desert Aerial, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

and closed set motion picture and filming. This exemption is subject to the conditions and 

limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Desert Aerial, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when 

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

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within 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 airman medical certificate or 

U.S. driver’s license.

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

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

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

required of the VO.

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

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

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

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

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

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

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

in a condition for safe operation.

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

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

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

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

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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

ability to safely operate the UAS in a manner consistent with how the UAS will be 
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operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

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

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

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

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

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

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

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

denoted with an ARP, the center of the airport symbol as denoted on the current 

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

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

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

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

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
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(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

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

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

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

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

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

 June 2, 2015

Edward Hunter Roberts

Desert Aerial, LLC

504 E Camino Crystal Azul

Sahuarita, AZ 85629

386-804-7622

hunter@iroberts.com

ELECTRONIC SUBMISSION

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

 1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request of DESERT AERIAL, LLC. under Section 333 of the FAA Reform Act; Part

11 of the Federal Aviation Regulations; 14 CFR

45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b)(2);

91.103(b); 91.109: 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1);

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

Dear Sir or Madame:

This o n behalf of DESERT AERIAL, LLC. pursuant to the FAA Modernization and Reform Act of 2012

and 14 C.P.R. 11. DESERT AERIAL, LLC. is a newly established ground and aerial photography 

company based in the SAHUARITA, AZ (PIMA County) EIN No. 47-4159092. DESERT AERIAL, LLC. seeks

exemption from the Federal Aviation Regulations (FARs) contained herein so that DESERT AERIAL, LLC. be

permitted to operate its small unmanned aircraft ("SUAs"), or unmanned aircraft system ("UAS"), commercially in

airspace regulated by the Federal Aviation Administration ("FAA") wherein such operations are conducted within 

and under the requirements set out and established by the FAA in Section 333 of the FAA Reform Act.

DESERT AERIAL, LLC. specializes in aerial videography and film production for the purposes of

documentation, marketing, experimentation, demonstration and education. DESERT AERIAL, LLC. seeks the use

of SUA or UAS to assist in DESERT AERIAL, LLC.’s documentation, experimentation, demonstration and

education. DESERT AERIAL, LLC.’s opportunities for growth in the media production market are limited

because of the current FAA restrictions as it pertains to the operations of UAS. DESERT AERIAL, LLC.

submits this proposed Petition for Exemption to the FAA to demonstrate its commitment in complying with the

Federal Aviation Regulations and the National Airspace System ("NAS") in their safe, responsible and limited

commercial use of UAS.

I, Edward Hunter Roberts, am the Owner of DESERT AERIAL, LLC.. I hold a solo pilot certificate (22hrs), 

have 10,000+ skydives as an instructor which equates to 1000min of free-fall time, 1000 hours of parachute 

piloting time. I hold a “D” Expert (D-21003) rating as well as numerous awards in skydiving from the USPA. In 

addition I was an R&D Parachute Pilot for one the largest most advanced parachute manufactures, Performance 

Designs, Inc. In 2001 a military parachute sales and training company, CPS, Inc., hired me to aid in new 

techniques and training for Tier 1 Special Operations Groups for the war on terror. I have 25yrs of I/T 

experience including extensive (1500hrs+) flight simulator time in addition to 120hrs of personal drone flight 

time on the DJI Inspire 1(not logged). I have also a formal Drone/UAV Pilot Training Certificate from Unmanned 

Vehicle University. I have been doing ground based photography and aerial(non UAS) for 10+ years and have video 

and photos used for publications, marketing campaigns and formal documentation purposes (documentation are
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

2

attached here to).

I, Edward Hunter Roberts, am familiar with private and commercial aviation and am aware and familiar

with the dangers that unregulated UAS operation presents to persons and property on the ground. DESERT 

AERIAL, LLC. has a DJI Inspire 1 UAS for aerial photography and cinematography, which is one of the most 

technologically superior drones on the market today. DESERT AERIAL, LLC. applies for an exemption from the

FARs to allow operation of its UAS on motion picture sets, within and under the conditions outlined herein,

and under such other limitations as may be established by the FAA as required by Section 333 of the FAA

Modernization and Reform Act of 2012, Pub. Law 112-95, 126 Stat. 11 (2012).

Section 333 of the FAA Modernization and Reform Act of 2012 ("FAAMRA") grants the authority to the

Secretary to establish a policy outlining guidelines until the Unmanned Aircraft Systems rule is finalized. As the

FAAMRA found that because UAS do not pose a threat to national airspace users or national security,

operations of UAS do not need an FAA-issued certificate of airworthiness.

This Petition for Exemption would permit the operation of small, lightweight, unmanned UAS under

controlled conditions in airspace, in the UAS pilot's line of sight, that is further in limited and predetermined and

marked areas of operation. DESERT AERIAL, LLC. would allow for controlled access and would further

provide safety enhancements to the already safe operations in the film and television industry presently using

conventional aircraft. DESERT AERIAL, LLC. acknowledges how essential safety is when operating UAS. The

specifications regarding operating procedures and safety controls listed in UAS (Manuals are attached here to). 

The operating specifications and safety procedures of the UAS, which DESERT AERIAL, LLC. commits to

uphold, ensures that they do not pose a hazard or threat to other aircraft, national security or public safety.

Granting DESERT AERIAL, LLC.’s Petition for Exemption coheres with the Secretary of

Transportation's responsibility to integrate UAS into the NAS and to "establish requirements for the safe

operation of such aircraft systems in the national airspace system" pursuant to the FAA Reform Act§ 333(c).

Considering the foregoing and DESERT AERIAL, LLC.’s commitment to safety and regulations of the

FAA, the specific regulations from which exemptions under Title 1 4 o f the Federal Code

o f Regulations are herein requested are as follows: 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) &

(b).

Exemption Request Section 333 of the FAA Reform Act; Part 11 of the Federal Aviation

Regulations; 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b)(2);

91.103(b); 91.109 ; 91.119 ; 91.121 ; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a)(l); 

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

DESERT AERIAL, LLC. submits this Petition in accordance with the FAA Reform Act, 112 P.L. 95 §§

331-334, seeking relief from any currently applicable FARs operating to prevent DESERT AERIAL, LLC.

contemplated commercial photography and cinematography, research and other flight operations within the NAS.

The Reform Act in Section 332 provides for such integration of civil UAS into our NAS as it is in the public's

interest to do so. DESERT

AERIAL, LLC.’s lightweight UAS meet the definition of "small unmanned aircraft" as defined in Section 331and

therefore the integration of DESERT AERIAL, LLC.’s lightweight UAS are expressly contemplated by the

Reform Act. DESERT AERIAL, LLC. would like to operate its lightweight UAS prior to the time period by

which the Reform Act requires the FAA to promulgate rules governing such craft.

The size, weight, speed and operational capabilities of the UAS at issue, which DESERT AERIAL, 

LLC. would use, with authorization from the FAA, show that they do not pose a threat to other aircraft, national

security nor public safety. The term "small unmanned aircraft," as defined by the U.S. Congress in Section 331,

112 Pub. Law 9 5 , 2014, means "an unmanned aircraft weighing less than 55 pounds."
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

3

DESERT AERIAL, LLC.’s UAS are small, lightweight devices containing counter-rotating propellers for 

optimum balance, control and stability. They are capable of vertical and horizontal operations but operate only

within the line of sight of the pilot (UAS operator). Each device weighs no more than 55 pounds, including any 

photography or cinematic equipment. The UAS operate at speeds at 50 knots (57 mph) speeds or less and are

capable of hovering less than 400 feet altitude. The DJI Inspire 1 also has GPS linked navigation as well as 

“Vision Positioning” technology uses a specially designed camera and sonic waves to allow stable flight should GPS 

be unavailable. The UAS has auto landing and take off in addition to a “RETURN TO HOME” feature should the 

pilot controls lose link to the UAS in a preset time and returns to its point of take off.

DESERT AERIAL, LLC. does not operate its UAS near airports and generally does not operate them

near populated areas. The UAS operating software and GPS navigation systems do not allow any of the DESERT 

AERIAL, LLC. UAS devices to operate near airports or restricted fly zones. The failsafe software will disable the

UAS devices from taking off and also limit the UAS systems from operating within specific GPS preset no-fly

zones. DESERT AERIAL, LLC. only operate its UAS in predetermined areas and only in compliance with wellregarded safety protocols such as those contained within the well established and commonly known Motion Picture

and Television Operations Manual.

Applicant further and specifically seeks authorization to use UAS, which are equipped with cameras and 

sensors, in order to perform photography, audio and video filming by air for public and private uses, including:

television, cinematography, advertising, promotions, or public events.

DESERT AERIAL, LLC.’s operation of its UAS will not "create a hazard to users of the national

airspace system or the public." 112 P.L. 95 § 333(b). Given the small size and weight of DESERT AERIAL, 

LLC.’s UAS, combined with their operation in cordoned off and well-controlled areas, DESERT AERIAL, LLC.’s

UAS falls within Congress's contemplated safety zone when it promulgated the FAA Reform Act and the 

corresponding directive to integrate UAS into the NAS. DESERT AERIAL, LLC.’s UAS have a solid safety 

record and do not pose any threat to the general public or national security.

The operator, in accordance with the aircraft’s flight and operating manual, will perform maintenance of the 

UAS. The operator agrees to ensure the UAS is inspected before each flight, to perform all required maintenance

and to maintain a log of all maintenance and repairs performed on all unmanned aircraft systems. The manufacturing 

company, DJI INC, or an authorized service center will only perform any repairs that are unable to be performed by 

the operator.

Granting DESERT AERIAL, LLC.’s exemption request furthers the public interest. First, Congress

has already pronounced that it is in the public's interest to integrate commercially flown UAS into the NAS, hence

passing the FAA Reform Act. Second, DESERT AERIAL, LLC. has conducted research into safe UAS operation

each time it flies one of their UAS. Flight data, visual inspections, recorded observations and flight analyses are

compiled to further enhance current safety protocols in place. Allowing DESERT AERIAL, LLC. t o log more

flight time directly relates to its research and its ability to further enhance current safety measures. Third, the

public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods,

namely, full size helicopters. DESERT AERIAL, LLC.’s UAS are all battery powered and create no emissions. If a

DESERT AERIAL, LLC. UAS were to crash there is no fuel to ignite and explode. The impact of DESERT 

AERIAL, LLC.’s lightweight UAS is far less than a full size helicopter, notwithstanding the statistically noteworthy

safety record of full size helicopters used in motion picture capture. The public's interest is furthered by minimizing 

ecological and crash impacts by permitting motion picture capture through DESERT AERIAL, LLC.’s lightweight 

UAS.

Progression of the arts and sciences has been fundamental to our society since its inclusion in the

U.S. Constitution. Indeed, Congress mandated the integration of UAS into our NAS, in part, to achieve progression

in this noteworthy, and inevitable, field. Permitting DESERT AERIAL, LLC. to immediately fly within the United

States furthers these goals. Whether it is the amalgam of scientific discoveries applicable to feature film making

(including those drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in

publicly usable technologies or advancements in equipment available to law enforcement personnel and first 

responders that does not cost millions of dollars, granting DESERT AERIAL, LLC.’s exemption request 

substantially furthers the public's interest in ways known and currently unknown and does not burden the tax payers 
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

4

with the expense of researching these new technologies yet benefiting from the data.

To further explain why DESERT AERIAL, LLC.’s exemption will not adversely affect safety or

how granting DESERT AERIAL, LLC.’s exemption request will provide a level of safety at least equal to existing

rule:

DESERT AERIAL, LLC.’s exemption will not adversely affect safety. Permitting DESERT AERIAL, 

LLC. to log more flight time in FAA controlled airspace will allow DESERT AERIAL, LLC. to innovate and

implement new and as of yet undiscovered safety protocols. Additionally, DESERT AERIAL, LLC. proposes the

following safety procedures and restrictions if granted an exemption:

• DESERT AERIAL, LLC.’s UAS weight not more than 55 pounds, including any photography or cinematic 

equipment;

• DESERT AERIAL, LLC. only operates its UAS at an altitude of 400 feet or less;

• DESERT AERIAL, LLC. shall limit the UAS operation to thirty (30) minute flights, or ceasing operation at 25%

battery;

• DESERT AERIAL, LLC. lands its UAS when they reach 25% battery;

• The operator(s) of the unmanned aircraft system will be certified on the DJI Inspire 1 UAS only and any other UAS 

would require a specific certification for the UAV;

• DESERT AERIAL, LLC. 's remote control pilots operate DESERT AERIAL, LLC. UAS only within line of sight;

• DESERT AERIAL, LLC. 's remote control pilots have mapping software to show the current location of the UAV

should they somehow lose sight of the UAV;

• DESERT AERIAL, LLC. staffs each flight with a remote control pilot that has a FAA Medical Certificate and a 

certification from Unmanned Aerial University or other qualified institution.

• DESERT AERIAL, LLC. employs a GPS system within each UAS allowing the UAS to hover in place if 

communications between the device and the remote control pilot is lost and then slowly descend at twenty-five (25)

percent battery and initiate auto land;

• DESERT AERIAL, LLC. actively analyzes electronic flight data and other sources of information to constantly

update and enhance safety protocols;

• DESERT AERIAL, LLC. only operates its UAS in areas that are not restricted and specifically away from all 

airport operations. Constantly updated (downloaded) maps from DJI, Inc. allow the operator to always be updated to 

new areas of restricted flight space;

• DESERT AERIAL, LLC. shall not operative its UAS at night;

• DESERT AERIAL, LLC. shall conduct an inspection of its UAS before each flight;

• All DESERT AERIAL, LLC. flights shall occur only in private or controlled access property, having the 

property owner's prior consent and knowledge;

• DESERT AERIAL, LLC. has procedures in place to abort flights in the event of a safety breach or a potential 

danger; and
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

5

• DESERT AERIAL, LLC. shall obtain all necessary consent and permissions prior to operation of those being 

filmed or an agreement to be in the designated filming area prior to filming taking place

• DESERT AERIAL, LLC. has also contacted Costello Insurance, which will provide up to 1 Million is liability 

insurance for Commercial UAS operations specifically. Most operators using UAV commercially today are unaware 

that there standard insurance companies do not cover the equipment or liability and a separate company must be 

used (documentation are attached here to).

A SUMMARY THE FAA MAY PUBLISH IN THE FEDERAL REGISTER:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR §91.203(a)(1). The size, weight and enclosed operations area of 

DESERT AERIAL, LLC. 's UAS permits exemption from Part 21 because DESERT AERIAL, LLC. ‘S UAS

meet an equivalent level of safety pursuant to Section 333 of the FAA Reform Act. The FAA is authorized to

exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. §44701 (f)) and

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS from the airworthiness

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such

as airports and dense populations. DESERT AERIAL, LLC. 's UAS meet or exceed each of the elements.

14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, 

and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a manual at the flight operations center with the remote control pilot of the DESERT AERIAL, 

LLC. UAS. The FAA has previously issued exemptions to this regulation in Exemptions Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as DESERT AERIAL, LLC. 's UAS utilize

electronic global positioning systems (GPS) and internal gyroscopes to provide spatial coordination.

14 C.F.R. §§ 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They

are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by

maintaining such certifications and registrations at the DESERT AERIAL, LLC. flight operations center.

B. 14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. 

DESERT AERIAL, LLC. 's UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or 

pilot station on which to mark designated words or phrases. Further, two-inch lettering is difficult to place on

such a small aircraft. Regardless, DESERT AERIAL, LLC. will mark its UAS in the largest possible letting by

placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. § 45.29(f) so that the pilot or

others working with the UAS will see the markings. The FAA has previously issued exemptions to this regulation

through Exemption Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations:

Pursuant to 14 C.F.R. §§ 61.113 (a) and (b), private pilots are limited to non-commercial operations. DESERT 
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

6

AERIAL, LLC. can achieve an equivalent level of safety as achieved by current regulations because DESERT 

AERIAL, LLC. 's UAS do not carry any pilots or passengers. Further, while helpful, a pilot license will not

ensure remote control piloting skills. The risks attendant to the operation of DESERT AERIAL, LLC. 's UAS is

far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61 et seq. Edward 

Hunter Roberts has extensive flight experience in a vast array of environments and would still hold a Class 2 Medical 

Certificate. DJI is one of the premier UAS manufacturers and has incorporated extensive safety system into its 

products to include: Return Home Feature should the controller be disconnected from the UAS for a specific period 

of time it would return to its take off point. Auto take off and landing with auto rotor shut off after touch down. GPS 

guidance with the ability to pre-program a designated flying area on the tablet map to stay within. Built in “Vision 

Positioning System” combines visual data and sonar waves in a single unit, detecting both variance in patterns on the 

ground and current altitude should GPS be unavailable there is always backup for stable operations. Software that 

limits entry into specific airspaces that are on all maps and the UAV will not take off if the Pilot accidently was in 

one of these spaces as the software overrides the pilot and will explain on the tablet the reason for not lifting off 

accordingly. Auto landing feature should communication be cut off for an extensive period of time the UAS will 

descend slowly and initiate its auto landing system.

D. 14 C.P.R.§ 91.119: Minimum Safe Altitudes.

14 C.P.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be

operated at lower altitudes in certain conditions. DESERT AERIAL, LLC. 's UAS will never operate at an

altitude greater than 400 AGL.

E. 14 C.P.R. § 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) and (b): Maintenance

Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 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."

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to

DESERT AERIAL, LLC. should its requested exemption be granted. DESERT AERIAL, LLC. conducts an

extensive maintenance program that involves regular software updates and constant inspection for assessment of

any damaged hardware. Therefore, an equivalent level of safety will be achieved. DESERT AERIAL, LLC. has

researched and developed its own designs.

F. Summary

DESERT AERIAL, LLC. seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14

C.P.R. 45.23(b); 14 C.P.R. §§ 61.113 (a) and (b); 14 C.P.R. § 91.7(a); 14 C.P.R. § 91.9(b)(2); 14 C.P.R.§ 

91.103(b); 14 C.P.R.§ 91.109; 14 C.P.R.§ 91.119; 14 C.P.R. § 91.121; 14 C.P.R. § 91.151(a); 14 C.P.R. §§

91.203 (a) and (b); 14 C.P.R. §91.405(a); 14 C.P.R. § 91.407(a)(1); 14 C.P.R. § 91.409(a)(2); 14 C.P.R. §§

91.417 (a) and (b) to commercially operate its fleet of small unmanned vehicles and lightweight unmanned aircraft

vehicles in motion picture or television operations and to conducts its own research.

Granting DESERT AERIAL, LLC. 's request for exemption will reduce current risk levels and thereby enhance

safety. Currently, motion picture image capture relies primarily on the use of larger aircraft running on

combustible fuel. DESERT AERIAL, LLC. 's UAS do not contain potentially explosive fuel, are smaller, lighter

and more maneuverable than conventional motion picture aircraft. Further, DESERT 

AERIAL, LLC. UAS operates at lower altitudes and in controlled airspace. DESERT AERIAL, LLC. has been

analyzing flight data and other information in compiling novel safety protocols and the implementation of a

flight operations manual that exceeds currently accepted means and methods of safe flight.

There are no people on board DESERT AERIAL, LLC. UAS and therefore the likelihood of death or serious
DESERT AERIAL, LLC. Request for Exemption Under Section 333 of the FAA Reform Act

7

bodily injury is significantly limited. DESERT AERIAL, LLC. 's operation of its UAS, weighing less than 55

pounds and traveling at speeds no more than 60 knots in areas will provide at least an equivalent level of safety

as that achieved under current FARs.

Therefore, DESERT AERIAL, LLC. respectfully respects that the FAA grant its exemption request without delay.

The FAA has the authority to issue the exemption sought by DESERT AERIAL, LLC. pursuant to the Federal

Aviation Act, 85 P.L. 726, as amended (the "Act").

Sincerely,

/s/ Edward Hunter Roberts

Desert Aerial LLC.

504 E Camino Crystal Azul

Sahuarita, AZ 85629

386-804-7622

hunter@iroberts.com