October 1, 2015

U.S. Department of Transportation Federal Aviation Administration

800 Independence Avenue, SW 

Washington, DC 20591

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

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

CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR

91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR 91.131 (d); 14 CFR 91.405 (a);

14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

Applicant:

Johann Risner

Lakeshore Aerial LLC

304 First St.

Ludington, MI 49431

jrisner@lakeshoreaerial.com

(231) 425-7669

Dear Administrator,

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (The Reform Act) and 14 

CFR Part 11, Lakeshore Aerial LLC. is the operator of Small Unmanned Aircraft Systems (sUAS) equipped 

to conduct aerial photography and cinematography services hereby applies for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow commercial operations of its sUAS so long as such operations

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

required by Section 333.

As described in more detail below, the requested exemption would permit the operation of small, unmanned 

and relatively inexpensive sUAS under controlled conditions in the NAS that is both limited and 

predetermined. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe 

operations of such aircraft systems in the national airspace system.” Section 333 (c) of the Reform Act.

Regulations from which the exemption is requested: 

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.215 (a) & (b)

14 CFR 91.131 (d)

14 CFR 91 405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)
This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of 

the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of sUASs do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following:

• The sUAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas

• Operation of the sUAS within visual line of sight (VLOS) of the Pilot/”Operator”

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in

the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that 

includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from the requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-‐44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C §44701(f) See also 49 USC §44744(a); 49 USC §44704l 14 CFR

§91.203 (a) (1).

Lakeshore Aerial LLC (LakeshoreAerial) sUASs are rotorcraft weighting 55 or fewer lbs. including payload. 

They operate under normal conditions at a speed of no more that 50 kts and have the capability to hover, 

and move in the vertical and horizontal plan simultaneously. They will operate only in line of sight of the 

Pilot/”Operator” and will operate with the permission of the property owner or a representative. Such 

operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the 

public” as per the Reform Act Section 333 (b).

Given the small size of the sUASs involved and the limited environment within which that will operate, the 

applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence 

immediately. Also due to the size of the sUASs and the limited areas in which the relevant sUASs will 

operate, approval of the application presents no national security issue. Given the clear direction in Section 

333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the significant public benefit, including 

enhanced safety with allowing sUASs for commercial aerial videography and photography operations, the 

grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests 

that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and they operate with the limitations listed herein. These limitations provide for at least and 

equivalent or even higher level of safety of operations under the current regulatory structure because the 

proposed operations are conducted on closed off property under the permission of the property owner or 

property representative.

These limitations and conditions to which LakeshoreAerial agrees to be bound when conducting 

commercial operations under an FAA issued exemption include:

• The sUAS will weigh less than 55 lbs.

• Flights will be operated within visual line of sight (VLOS) of a Pilot/”Operator” and/or observer.

• Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated

at 20% battery power reserve should that occur prior to the 30 minute limit.

• Flights will be operated at an altitude of no more than 500 feet AGL or, when photographing a

structure taller than 500 feet, the sUAS will not be operated more than 100’ above the highest

point on the structure.

• Minimum crew for each operation will consist of the sUAS Pilot/”Operator”, and the Visual

Observer.

• sUAS Pilot/”Operator” will be Pilot in Command (PIC). If the Pilot/”Operator” deems another

“Pilot/”Operator” “ to be qualified with the necessary skills to be the “Pilot/”Operator”, that

person can also be designated as “Pilot/”Operator” “ provided they have a minimum of 40 hours of
flight time with the sUAS.

• Flights will be operated at a lateral distance of at lest 50 feet from any inhabited structures,

buildings, vehicles, vessels, or people not associated with the operation.

• A briefing will be conducted in regard to the planned sUAS operations prior to each flight activity.

I t will be mandatory that all personnel involved with the operational duties of the flight be present

for this briefing.

• Pilot/”Operator” and observer will have been trained in operation of sUAS generally and received

up-‐to-‐date information on the particular sUAS to be operated.

• The “Pilot/”Operator” “ will have at least a class 3 medical certificate.

• Observer and Pilot/”Operator” will at all times be able to communicate by voice, radio, and/or

text.

• Written and/or oral permission from the relevant property holders or property representatives

will be obtained.

• If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to

return to a pre-‐determined location and land autonomously.

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or

emergencies.

14 CFR §91.109: Flight Instruction

No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls.

sUAS and remotely piloted aircraft, by their design do not have fully functional dual. Flight control is 

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

The FAA has approved exemptions for flight training without full functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The 

equivalent level of safety is provided by the fact the neither a pilot nor passengers will be carried in the 

aircraft and by the size and speed of the aircraft.

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119 (d) allows that 

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

provided each person operating the helicopter complies with any routes or altitudes specifically prescribed 

for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 500 feet AGL, an exemption may be needed to allow such operations. 

As set forth herein, the sUAS will never operate higher that 500 AGL with the exception that in 

circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 500 feet 

AGL, the sUAS will not be operated more than 100 feet above the highest point on the structure.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner. Because 

of the advance notice to the property owner and other participants in the activity, all affected individuals will 

be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing 

far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional aircraft operating at or below 

500 feet AGL. In addition, the low-‐altitude operations of the sUAS will ensure separation between the sUAS

operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR §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 readout, 

and exemption may be needed. An equivalent level of safety will be achieved by the Pilot/”Operator”, 

pursuant to the safety checklist and live flight data monitoring, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight.

14 CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions

Sections 91.151(a) prohibits an individual from beginning “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; or (2) at night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides less than 30 minutes of powered flight. To meet the 30 minute 

reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in 

length. Given the limitations of the sUAS’s proposed flight area and the location of its proposed operations 

within a predetermined area, a longer timeframe for flight in daylight or twilight CFR conditions is 

reasonable.

Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. 

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR

91.151 (a)). Operating the sUAS, in a limited area where only people and property owners or

representative with less than 30 minutes of reserve fuel, does not engender the type of risk that Section

91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally, limiting the sUAS

flight to 10 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% 

of battery power – whichever happens first. This restriction would be more than adequate to return the sUAS

to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been 

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in the pertinent part:

1) Except a provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

2) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of 

this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs less that 55 lbs. and is operated without an onboard pilot. As such, there is 

no ability to place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where

the Pilot/”Operator” flying the sUAS will have immediate access to the documents to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 9797A, and 10700.

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting 

equipment and use

The pertinent section of 91.215 (a) & (b) requires the “(a) All airspace: U.S.-‐registered civil aircraft. For 

operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed. . .

(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in 

the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is 

equipped with an operable coded radar beacon transponder”. . .

This requirement applies

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this

part from the surface upward to 10,000 feet MSL;

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace

(d) other equipment requirements.

“No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with

(1) The applicable operating transponder and automatic altitude reporting equipment specified in

 §91.215 (a) . . . and
(2) After January 1, 2020 , the applicable Automatic Dependent Surveillance-‐Broadcast Out 

equipment specified in §91.225.”

Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and 

operate a transponder and automatic altitude reporting equipment specified in paragraph of 91.215 (a) and 

(b) and 91.131 (d). An exemption from these requirements is requested. The equivalent level of safety can 

be assured using the procedures defined for each class of airspace.

Within the surface areas of Class “B”, Class “C”, Class “D” airspace

Within the lateral boundaries of the airspace, the Pilot/”Operator” “ will establish 2 way communications with

the ATC facility having jurisdiction for that area. The Pilot/”Operator” will provide the location (heading and 

distance) relative to the center of the airspace and request clearance to “Maneuver” above that location at 

or below 500 feet AGL. The Pilot/”Operator” will be responsible for “see and avoid” traffic conflicts. The 

Pilot/”Operator” will at all times yield right of way to ANY and ALL manned flight operations. All operations 

within 2 miles of the primary airport will be pre-‐arranged with that controlling facility. Any and all restrictions 

placed on the operations will be complied with so that all manned operations can be conducted without 

negatively impacting flight safety.

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “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...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to the applicant. Maintenance will be accomplished by the Pilot/”Operator” pursuant to the 

flight manual and operating and handbook. An equivalent level of safety will be achieved because these 

small sUASs are very limited in size and will carry small payload and operate only in limited areas for short 

periods of time. If mechanical issues arise the sUAS and land immediately and will be operating from no 

higher than 500 feet AGL. The Pilot/”Operator” will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the

Pilot/”Operator” is the person most familiar with the aircraft and is best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved 

because maintenance and inspections will be performed and accordance with the sUAS manufacturer’s 

manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the 

Pilot/”Operator” will ensure that the sUAS is in working order prior to initiating flight and perform required 

maintenance needed.

Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR Part 21, subpart H; 14 CFR 45.23(b); 14 

CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 

91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR

91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) to

commercially operate a small unmanned vehicle (55 lbs. or less) equipped to conduct aerial photography

and cinematography services.

Approval of exemptions allowing commercial operations of sUAs to conduct aerial photography and 

cinematography services will enhance safety by reducing risk. Conventional photography operations, using 

jet or piston powered aircraft, at extremely low altitudes, often very close to the subject being filmed and in 

close proximity to people and structures; and present the risks associated with vehicles that exceed 3,000 

lbs., carrying large amounts of jet A or other fuel. In contrast, a sUAS weighing fewer than 55 lbs. and 

powered by batteries eliminates virtually all of the risk given the reduced mass and lack of combustible fuel 

carried on board. The sUAS is carried to the location. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small sUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will 

provide an equivalent level of safety supporting the granting of the exemptions requested herein, including 
exempting the applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground but under 500 feet AGL, and within the 

limited area and, as a result, are far safer than conventional flight operations conducted with turbine 

helicopters operating in close proximity to the ground and people.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operations within visual line of sight 

(VLOS) and national security – provide more than adequate justification for the granting of the requested 

exemptions allowing commercial operation of applicants sUAS in the aerial photography and 

cinematography services industry.

If you have questions or need additional information, please contact me at

jrisner@lakeshoreaerial.com or (231) 425-7669.

Thank you,

Johann Risner

Owner

Lakeshore Aerial LLC