# Aerial Advancement, LLC

Page 1 of 6 Aerial Advancement, LLC
100 Orchard Park Drive # 26796 Greenville, SC 2961 6

August 1 , 2015

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 under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR §11.15

, and

t he F AA’s general exemption authority under 49 U.S.C. §44701(f), Aerial Ad vancement, LLC (herein

also referred to as “Petitioner” or “Operator” or “Applicant” ) hereby applies f or exemptions from sections
of Title 14 in the Code of Federal Regulations, as detailed below.



### I. PETITION SUMMARY

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub lic L aw No. 112

- 95

, 126 Stat. 11 and the F AA ’s general exemption authority granted by 49 U.S. Code §44701(f), Aerial Advancement, LLC , operator of a DJI Phantom 3 Professional

, hereby petitions for exem ptions from the following sections :

 14 CFR § 61.113(a)

 14 CFR § 91.119(c)

 14 CFR § 91.121

 14 CFR § 91.151(a)(1)

 14 CFR § 91.405(a)

 14 CFR § 91.407(a)(1)

 14 CFR § 91.409(a)(1) & (2)

 14 CFR § 91.417(a) & (b)

 14 CFR § 91.7(a)

The proposed exemptions, if granted, would allow the Petitioner to operate small unmanned aircraft
systems (“UAS s ”)

, weighing 55 pounds or less

, for the purpose of closed

- set filming of motion pictures

and television ; search and rescue operations; aerial videography 

### ( e.g. golf courses, agriculture, real

estate 

### ) ; aerial photography ; aerial inspections; aerial data collection

.

# Aerial Advancement, LLC

Page 2 of 6 II. QUALIFICATIONS of the current Director of Operations and PIC of Aerial Advancement, LLC

T h e extensive qualifications of the current Director of Operations and PIC are submitted in Appendix C under separate cover

. P ursuant to 14 CFR §11.35( a )

, confidential treatment is requested.



### III. PUBLIC INTEREST

1. From a worker safety perspective

— t he use of UAS ( s ) in areas requiring surveying, inspection or site monitoring can significantly reduce the risk of falls and injuries to workers who would otherwise utilize ladders, cranes or other precarious platforms.

2. From a public safety perspective

— the use of UAS ( s ) , in lieu of helicopters, offers enhanced safety through size and design

. The UA S we will operate is a DJI Phantom 3 Professional . It is less than 10 lbs. fully loaded ; carries no explosive mater ials or flammable liquid fuels; carries no passengers

or crew; and , when operating for the purpose of closed

- set filming of motion pictures and television, will operate within a secured area, as set forth in our Motion Picture and Television Operations Man ual ( “ MPTOM ” ).

3. From an environmenta l impact perspective

— our UA S will reduce the environmental impact of a n aerial mission . Our UA S uses rechargeable lithium batteries, not the fossil fuels which a re required to fuel helicopters.

4. From an economic perspective

— the products delivered as a result of the filming and photography made possible by the UA S will contribute meaningfully in the public interest :

 by promoting tourism

 by contributing to the tax base through successful real estate transactions

 through cost savings, time savings and enhanced productivity

5. From a cultural perspective

— the films (documentary and other genres) which utiliz e this technolog y will have the potential to yield better production quality and public enjoyment

, through the unique perspective only provided by overhead imagery

.

# Aerial Advancement, LLC

Page 3 of 6 IV. OPERATIONAL CONDITIONS AND LIMITATIONS

To assist the FAA in its safety assessment , below is a summary of operational conditions and limitations
which will ensure an equivalent ( or higher ) level of safety to operations conducted under current regulatory guidelines:

 The UAS w i ll weigh less than 55 pounds.

 Maximum total flight time for each operational flight will be limited to 20 minutes or the amount of
time the U AS can be flown and still maintain a reserve battery power of no less than 5 minutes

.

 Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet
above an e levated platform from which flight operations are pla nned.

 Flights will be operated at a safe lateral distance from inhabited structures, buildings, vehicl es, vessels and people not associated with the operation or who have not signed a waiver in advance of the operation.

 Minimum crew for each operation will consist of the UAS Pilot in Command (“PIC”) and a Visual
Observer ( “V O”).

 All PICs and VOs will be trained and tested on their proficiency to operate with in the UAS
environment.

 Aerial Advancement will designate a PIC for each mission.

 Flights will be operated within the visual line

- of

- sight (“VL O S”) of the PIC and the VO.

 Prior to the operations at a particular location, a site inspection and mission briefing will be
conducted. On the day of the mission, the management person with operational control and the PIC
will concur on dispatching the mission.

 A mandatory briefing will be conducted with regard to the planned UAS operations prior to each day's flight activities.

 The PIC and VO will at all times be able to communicate by vo ice.

 Contingency plans will be in place to safely terminate a flight if there is a loss of communication
between the PIC and the VO.

 All UAS (s) will be maintained in accordance with the manufacturers ’ guidelines.

 In the event of an accident involving a n UAS, flight operations will cease and a report of the
accident will be made to the NTSB and AFS

- 80.

 All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or othe r appropriate governmental agencies.

 If the UA S loses communications signal, the UA S will have the capability to return to a

p redetermined location and land.

 I n th e case of unpre dicted obstacles or emergencies, the flight will be aborted.

 Specific to motion picture and television filming operations

— As set forth in our MPTOM, in compliance with an approved waiver, Aerial Advancement will submit a written “Plan of Activities” to the local Flight Standards District Office (“FSDO”) having jurisdiction o ver the area of proposed filming three days in advance of operations, unless this time period i s waived with the concurrence of the FSDO.

# Aerial Advancement, LLC

Page 4 of 6 V. LEVEL OF SAF E TY EQUIVALENT TO THE REGULATIONS FROM WHICH PETITIONER

SEEKS E XEMPTION

14 CFR § 61.113(a) and (b) Private Pilot Privileges and Limitations

– Pilot in Command

Sections 61.113 (a) and (b) limit private pilots to non

- commercial operations. T he UAS will not carry a pilot or passengers

. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground

based operator (the PIC). The operational area is controlled and restricted, and all flights are planned and
coordinated in advance. The level of safety exceeds that provided by a single individual

, holding a commercial pilot’s certificate

, operating a conventional aircraft. The risks associated with the use of the

UAS are much less than the level of risk associated with commercial operations addressed by Part 61 ; thus,
allowi ng UAS use by a private pilot as the PIC exceeds the present level of safety sought by 14 CFR §61.113 (a) and (b).

14 CFR §91.119 Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. As th e Operator requests authority
to operate a UAS at altitudes up to 400 a bove g round level (AGL) and not more than 200 above an elevated platform from which filming and/or flight operations are planned, an exemption may be needed to allow such operations. An equivalent level of safety will be achieved given the size, weight and speed of the

UAS

, as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials , if applicable

. Moreover, due to the adva nce notice given to the property owner and participants in motion picture and television operations

, as set forth in the Operator’s MPTOM,

all affected individuals will be aware of the planned fligh t operations

. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein

, and considering the lack of flammable fuel, any risk associated with these operations is far less than those associated with conventional aircraft operating at or below 500 AGL in the movie industry. In addition, the low

- altitude operations of the UAS will ensure separation between the UAS operations and the operations of any conventional aircraft which must comply with Section 91.119.

14 CFR § 91.121 Altimeter Settings

Section 91.121 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 a UAS may not have a barometric altimeter, but instead a GPS for altitude data, an exemption is needed. An equivalent level of safety will be achieved by the O perator confirming the
altitude of the launch site shown on the GPS alti tude indicator befor e flight.

# Aerial Advancement, LLC

Page 5 of 6 14 CFR §91.151(a) Fuel Requirements for Flight in VFR Conditions

Section 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 ;

... ” The UAS operated by Aerial Advancement is powered by electricity : the lithium battery powering the Operator’s UAS provides a maximum of approximately 25 minutes of powered flight. Therefore, it would not be p ractical to meet the 30

- minute daylight reserve requirement in 14 CFR §91.151. Given the limitations on the UAS’s proposed predetermined and cont rolled flight areas

, where only property owners and official participants /invited observers will be allowed, requiring 30 minutes of

reserve fuel would not mitigate the type of risk that §91.151(a) was intended to address. The UAS provides intelligent battery monitoring according to flight conditions : including a “ Low ” battery warning (which can activate a Return

- to

- Home function) ; a “ C ritical ” battery warning (which allows the UAS to descend and land immediately) ; and an “E stimated R emaining F light T ime ” indicator

. Given these features, t he Petitioner believes that an equivalent level of safety can be achieved by limiting flights to end
with 5

- minute battery power in reserve.

14 CFR §91.405 (a); §91.407(a)(1); §91.409(a)(1) &(2) ; §91.417(a) &(b) Maintenance and 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 secti on, 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 th is A pplicant. Maintenance will be accomplished by the O perator pursuant to guidelines set forth by the manufacturer

. An equ ivalent level of safety will be achieved because these smal l UASs are very limited in size, will carry a small payload and operate only in restricted areas for limited periods of time. If a mechanical issue
arise s, the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the MPTOM , the O perator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the
O perator is the person most familiar with the UAS and best suited to maintain the UAS in an airworthy condition to provide the equivalent level of safety.

14 CFR §91.7(a) Airworthiness

Relief is sought to allow the Operator to determine the airworthiness of the UAS. As part of this determination, the PIC will accomplish a Pre

- flight inspection of the UAS , which will also include the ground control station. The UAS maintenance status, any overhaul, component replacement, and life limit variables, as well as t he manufacturer ’s safety bulletins and updates will be considered.

# Aerial Advancement, LLC

Page 6 of 6 VI. Product Operations Manual ; Motion Picture and Television Operations Manual

Appendices A & B contain the UAS ’s Product Operations Manual and the Applicant’s MPTOM (herein
referred t o collectively as “The manuals”) which describe the policies and procedures for the proposed UAS operations of Aerial Advancement

. The manuals are submitted as confidential documents under
separate cover , pursuant to the protections provided by 14 CFR §11.35(b) and the ex ceptions granted in
5 U.S. C ode § 552 et seq.
, as they contain proprietary information which the Applicant will not make public.



### VII. Conclusion

The A pplicant respectfully proposes that the satisfaction

, herein described

, of the criteria provided in Section 333 of the Reform Act of 2012 provides more than adequate justification for the grant of the requested exemptions. If we may provide further data, please do not hesitate to reach us through the
contact information belo w , in the manner most convenient to you.

Contact information: Aerial Advancement, LLC

ATTN: Steven Wiley
100 Orchard Park Drive #26796 Greenville, SC 29616
Email: aerialadvancement @gmail.com
Ph: 864.334.8190