Aerial Advancement, LLC

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Aerial Advancement, LLC

100 Orchard Park Drive #26796

Greenville, SC 29616

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 

the FAA’s general exemption authority under 49 U.S.C. §44701(f), Aerial Advancement, LLC (herein

also referred to as “Petitioner” or “Operator” or “Applicant”) hereby applies for 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, Public Law No. 112-95, 

126 Stat. 11 and the FAA’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 exemptions 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 (“UASs”), 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

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

The extensive qualifications of the current Director of Operations and PIC are submitted in Appendix C 

under separate cover. Pursuant to 14 CFR §11.35(a), confidential treatment is requested.

III. PUBLIC INTEREST

1. From a worker safety perspective — the 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 UAS we will operate is a DJI Phantom 3 Professional. It is less than 

10 lbs. fully loaded; carries no explosive materials 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 Manual (“MPTOM”).

3. From an environmental impact perspective — our UAS will reduce the environmental impact of an

aerial mission. Our UAS uses rechargeable lithium batteries, not the fossil fuels which are required 

to fuel helicopters.

4. From an economic perspective — the products delivered as a result of the filming and photography 

made possible by the UAS 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 utilize this 

technology will have the potential to yield better production quality and public enjoyment, through 

the unique perspective only provided by overhead imagery.
Aerial Advancement, LLC

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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 will 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 UAS 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 elevated platform from which flight operations are planned.

 Flights will be operated at a safe lateral distance from inhabited structures, buildings, vehicles, 

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 (“VO”). 

 All PICs and VOs will be trained and tested on their proficiency to operate within the UAS 

environment.

 Aerial Advancement will designate a PIC for each mission.

 Flights will be operated within the visual line-of-sight (“VLOS”) 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 voice.

 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 an 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 other appropriate governmental agencies.

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

predetermined location and land.

 In the case of unpredicted 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 over the area of proposed filming three days in advance of operations, unless this time 

period is waived with the concurrence of the FSDO.
Aerial Advancement, LLC

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V. LEVEL OF SAFETY EQUIVALENT TO THE REGULATIONS FROM WHICH PETITIONER 

SEEKS EXEMPTION

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. The UAS will not carry a 

pilot or passengers. Unlike a conventional manned aircraft, a UAS is remotely controlled by a groundbased 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,

allowing 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 the Operator requests authority 

to operate a UAS at altitudes up to 400 above ground 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 advance 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 flight 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 Operator confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight.
Aerial Advancement, LLC

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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 practical to meet the 30-minute daylight reserve requirement in 14 CFR 

§91.151. Given the limitations on the UAS’s proposed predetermined and controlled 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 “Critical” battery warning (which allows the UAS to 

descend and land immediately); and an “Estimated Remaining Flight Time” indicator. Given these 

features, the 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 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 this Applicant. 

Maintenance will be accomplished by the Operator pursuant to guidelines set forth by the manufacturer. 

An equivalent level of safety will be achieved because these small 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 

arises, the UAS can land immediately and will be operating from no higher than 400 feet AGL. As 

provided in the MPTOM, the Operator 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 

Operator 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 the manufacturer’s safety bulletins and updates will be considered. 
Aerial Advancement, LLC

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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 to 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 exceptions granted in 

5 U.S. Code §552 et seq., as they contain proprietary information which the Applicant will not make 

public.

VII. Conclusion

The Applicant 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 below, 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