1 May 14 , 2015

Mr. Thomas Wasinski

President

Aerial Agents, LLC

1380 Hunting Hollow Dr

Hudson, OH 44236

Phone: 440

- 241

- 1677

Email: hello@aerialagents.com

U

. S

. D ep a r t m ent o f T r a n spo rt a t i on

D oc k e t M ana g e m ent S y s t em

1200 N ew Je r sey A v e

. , S E

W a s h i ng t on, D C 20590

R e: E x e m p t i on R e q ue s t U n d er S e c t i on 333 o f t he F A A R e f o r m A c t a n d P a r t 11 o f t he Fed e r al

A v i a t i on R e g u l a t i ons

D ear Si r o r M ada m :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”),

Aerial Agents, LLC (“referred to hereafter as Aerial Agents”), the operator of small Unmanned

Aircraft Systems (“sUAS”), seeks an exemption from the Federal Aviation Regulations

(FARs”) listed below and discussed in Appendix A. Attached as Appendix B is summary of

this request.

Th e re quested exemption would permit commercial operation of Aerial Agents, sUAS's, which

weigh between 5 and 25 lb s for the purpose of aerial photography, aerial videography, aerial

inspections , and other sUAS flight operations that consist of still photographs and videography

taken by onboard cameras. Use of the sUAS for aerial photography, aerial vid eography and

aer ial inspections, and other sUAS flight operations w ill reduce the need to utilize conventional

manned aircraft, manned lifting devices or manned climbing for the same purpose and provide

high quality digital imagery at a fraction of the cost. These savings result in enhanced safety,

efficiency and productivity for the affected activities, as well as environmental benefits. Aerial

Agents, plans to implement the capabilities of sUAS to offer services including:

• Aerial Photography

• Aerial Videography

• Aerial Inspections

• Other sUAS flight operations

Operations under the exemption will be subject to strict operating requirements and conditions

to ensure at least an equivalent level of safety to currently authorized operations using

manned aircraft and under conditions as may be modified by the FAA as required by Section

333.

As described more fully below, the requested exemption would authorize commercial

operations of aerial photography, aerial videography, and aerial inspections or other sUAS2 flight operations u sing sUAS which weigh less than 25 lbs and are small i n size (se e th e

attache d O& M manual s ). The sUAS's will be operated under controlled conditions at low

alti tude in airspace that is limited in scope, as described more fully herein; it will have

automated control features, as described below and in the O&M manuals. Aerial Agents,

will maintain full general liability aviation at all times on aircrafts. Furthermore, t he sUAS

also will be operated by an individual who has passed an FAA approved Private Pilots

ground training exam, medical certification and a required manufacturer’s training program

for the sUAS. Finally, the airspace in which the sUAS will operate will be Class G airspace

or airspace approved by the FAA in advance.

Aerial Agents respectfully submits that because these small, unmanned aerial vehicles wil l be

used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary

conventional aircraft or other manned mean , the FAA can have confidence that the operations

will achieve at least an equivalent level or greater level of safety. Approval of these

exemptions would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish

requirements for the safe operation of such aircraft systems in the national airspace system.”

T he na m e and ad d r ess o f t he app li cant a r e :

Aerial Agents, LLC

Attn: Thomas Wasinski

Ph: 440

- 241

- 1677

Email: hello@aerialagents.com

Address: 1380 Hunting Hollow Drive

Hudson, OH 44236

T he r e g u l a t i ons fr om w h i ch t he e x e m p t i on i s r e q u es t ed a r e as f o ll o w s:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a) & (b).3 A ppend i x A d i scusses e ach r u l e li s t ed abo v e and e x p l a i ns w h y e x e m p t i ons pu r sua n t t o t he

p r oposal s e t f o r t h i n t h i s l e tt e r a r e ap p r op r i a t e

, p r o v i de an e q u i v a l ent l e v el o f s a f e t y , and a r e i n

t he pub li c i n t e r es t

.

T H E A PP L I C A B L E L EG A L ST A N D A R D UNDE R SEC T IO N 333

Aerial Agents, LLC submits that grant of this exemption application for use of the proposed

UAS's in of aerial photography, aerial videography, and aerial inspections, and other sUAS

flight operations will advance the Congressional mandate in Section 333 of the Reform Act to

accelerate the introduction of UASs into the national airspace system (“NAS”) if it can be

accomplished safely. This law directs the Secretary of Transportation to consider whether

certain UASs may operate safely in the 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 UASs 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 UAS’s size, weight, speed, and operational capability;

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

• O pe r a t i on o f t he UA S w i t h i n v i sual li ne of s i g h t o f t he op e r a t o r

.

R e f o r m A c t § 333 ( a )( 1 )

. I f t he S ec r e t a r y de t e r m i nes t h a t s uch v eh i c l es “m ay ope r a t e s a f e l y i n

the national airspace system, the Secretary shall establish requirements for the safe

operation o f suc h aircraf t i n the national airspace system.” Id

. §333(c) (emphasis added). 1

T he Fede r al A v i a t i on A ct e x p r ess l y g r a n t s t he F A A t he a u t h o r i t y t o i ssue e x e m p t i ons. T h i s

s t a t u t o r y a u t ho r i t y

, by i t s t e r m s, i nc l udes e x e m p t i n g c i v i l a i r c r a f t

, as t he t e r m i s d e f i ned und e r

§40101 o f t he A c t

, fr o m t he r e q u i r e m ent t h a t a l l c i v i l a i r c r a f t m u s t ha v e a c u rr e n t a i r w o rt h i ness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

T he A d m i n i s t r a t o r m ay g r ant an e x e m p t i on fr om a r e q u i r e m ent o f a r e g u l a t i on

p r esc r i bed under subse c t i on ( a ) o r ( b) o f t h i s se c t i on or any o f sec t i ons

44702

- 44716 o f t h i s t i t l e i f t he A d m i n i s t r a t o r f i n d s t he e x e m p t i on i s i n t he

pub li c i n t e r es t

.

1 Applicant submits that this provision places a duty on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, if he deems the

cond i t i ons p r oposed he r e i n r e q u i r e m od i f i c a t i on i n o r d e r t o a ll ow app r o v a l

, t o supp l y cond i t i ons

for the safe operation of the UAS

. Aeria l Agents welc omes the opportunity to consult with FAA

staff in order to address any issues or concerns that this proposal may raise that they believe

may r e q u i r e m od i f i ca t i o n

.

49 U

. S

. C

. §4470 1 ( f)

. S e e a l so 49 US C §4 4 711 ( a ) ; 49 US C §4470 4 ; 14 C FR §91

. 203 ( a )( 1 )

.

T he g r a n t o f t he r e q ue s t ed e x e m p t i on i s i n t he p u b li c i n t e r est based on t he c l ear d i r e c t i on i n

S ec t i on 333 o f t he R e f o r m A c t ; t he add i t i onal au t ho r i t y i n t he Fede r al A v i a t i on A c t

, a s a m ended;4 t he s tr o n g e q u i v a l ent l evel o f s a f e t y su rr ound i n g t he p r oposed ope r a t i ons; and t he s i g n i f i ca n t

public benefit, including enhanced safety and cost savings associated with transitioning to

UASs for aerial photography, aerial videography, and aerial inspections and other

. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption

without delay.

Airworthiness of the sUAS

A c ritical element of the exemption application involves evidence of the airworthiness of the

sUAS. Th e F edera l A viatio n A c t ( 4 9 U. S .C.§4470 1 ( f) ) a n d S ectio n 3 33 o f t h e R e for m A ct

bot h a u thoriz e t h e F A A to e x emp t a i rcraf t f ro m t h e r equiremen t f o r a n a i rworthines s c ertificate,

upo n consideratio n o f t h e size

, weight

, speed

, operationa l capability

, an d proximit y t o airports

an d populate d area s o f t h e particula r sUAS

. Ou r smal l UAS' s wil l operat e a t l o w spee d i n a

controlle d environment

, a t l eas t fiv e mile s fro m a n airpor t. A n analysi s o f t hes e criteri a

demonstrate s tha t th e UAS operate d w i thou t a n a i rworthines s c ertificate

, i n t h e r estricte d

e n vironmen t a n d u nde r t he condition s p r opose d w i l l b e a t le as t a s s afe

, o r s afer

, t ha n a

c onventiona l a i rcraf t ( f ixed win g o r he licopter ) o p eratin g w i t h a n a i rworthines s c ertificat e

w i thou t t h e r estriction s a nd condition s p roposed.

RISK MITIGATION

Aerial Agents, has reviewed FAA exemptions references 1

- 3 Condition and Limitations sections

and believes that procedures specified therein are reasonable and will be utilized in order to

manage and mitigate risk and ensure public safety. A preflight checklist developed and

employed to ensure that the sUAS airworthiness will be verified before launch. Airworthiness will

be maintained by performance of routine inspections before each flight, maintaining flight and

maintenance logs to record time failure prone components.

Aerial Agents requests that in a manner similar to reference 3, he b e allowed to operate within 5

miles of an airport provided that;

“The UA may not operate in Class B, C, or D airspace without written approval

from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non

towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is conducted

accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the

ai

rport management must be made available to the Administrator upon request.”

Operations within five (5) miles of an airport are not anticipated to be routine, but Aerial Agents

is requesting a mechanism to facilitate such activities without requesting a new and separate

exemption(s) should the need arise. Operations within Class B airspace are not requested due

to lack of mode C transponder.

Mandatory Operating Conditions (see O&M and Safety Lists)

Grant of the exemption to Aerial Agents, LLC will be subject to the following mandatory

conditions, which are based upon operating conditions set forth for operation of

sUAS by public entities pursuant to Certificates of Authorization, with additional

restrictions:

• Al l ope r a t i ons t o oc c ur i n Cl ass G a i r sp a ce.

• O pe r a t i ons t o be condu c t ed o v er p r i v a t e or con t r o ll ed

- access p r o p e r t y

.

• P e rm i ss i on fr o m l and o w ne r/ co n tr o ll er r e q u i r ed be f o r e co m m enc i n g any f l i g h t

.5 • O pe r a t i ons t o o c cur du r i ng Vi sual F li g ht R u l es M e t eo r o l o g i cal C ond i t i ons ( V M C )

.

• Ai r c r a f t t o r e m a i n w i t h i n Vi sual L i ne o f S i g ht ( V L O S )

.

• A bo v e Gr ound Le v el ( A G L) a l t i t ude t o be r es t r i c t ed t o 400 f ee t

.

• Al l ope r a t i ons conduc t ed i n v i c i n i t y of a i r po r t t o r e m a i n m o r e t han 2

. 5 N M f r om

cen t e r li ne a z i m u t h o f r un w ay cen t e r li ne m eas u r ed fr o m r u n w a y t h r esho l ds.

• Al l r e q u i r ed p e r m i ss i ons and pe r m i t s w il l be ob t a i ned f r o m t e r r i t o r i a l

, s t a t e

, cou n t y or

c i t y j u r i sd i c t i on s

, i nc l ud i ng l ocal l a w en f o r c e m en t

, f i r e, or o t h e r app r op r i a t e

governmental a g enc i e s

.

O per a t or R eq u i r e men t s

Aerial Agents respectfully proposes that operator requirements should take into

account the characteristics of the particular s UAS. Certain UASs, such as the DJI

S1000+, DJI S900, DJI S800 EVO, DJI Inspire 1, and DJI Phantom 2 & 3 Professional

,

are characterized by a high degree of control and various built

- in technical capabilities

that limit the potential for operation outside of the operating conditions set forth above

. Please see details in the attached O&M manuals for each in Appendix B

.

Additional automated safety functions and safety enhancing features of the sUAS's include

the following:

• Auto

- pilot detection of lost GPS or of insufficient satellites initiates an

immediate return to aircraft take

- off location ("home")

• Low p o w er on t he a i r c r a f t tr i g g e r s e sca l a t i n g a l a rm s at G C S at 3 5 % and 10%

l e v e l s.

• I f t he a u t o

- p il ot de t e c t s a l os t

- li n k t o t he G C S f o r l o n g er t han 3 0 secon d s,

l and i n g p r ocedu r e b e g i ns.

Given these safety features, Aerial Agents proposes that operators of the sUAS should not

be required to hold a commercial or private pilot certification. Instead, operators should be

required to:

• have successfully completed, at a minimum, FAA private pilot ground

school instruction and passed the FAA Private Pilot written examination or FAA

recognized e q u i v a l en t s;

• have completed the manufacturer’s training or a minimum of 40 hours training

program for operation of the sUAS's.

Aerial Agents notes that the FAA has found that safety factors permitted operation of sUASs by

operators with these qualifications in the case of operations pursuant to public COAs when the

mandatory operating conditions specified above were present. See Federal Aviation

Administration

, Notic e N

- 8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at

20

- 21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the

requirements for and privileges associated with the grant of airmen’s c ertificates. 49 USC

§44701 ( f )

.

* * *

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A

to allow commercial operations of a sUAS's conducting precision aerial inspections or surveys.6 Approval of the exemption allowing commercial operations of the sUAS for precision inspection

and survey work will enhance safety by reducing risk. Conventional aerial photography, aerial

videography and aerial inspection operations, using helicopter or piston

- powered aircraft

present risks associated with vehicles that weigh in the neighborhood of 5,000 to 7,000 lbs., or

more, carry large quantities of fuel, passengers, and, in some cases, cargo. Such aircraft must

fly to and from the location. Other conventional manned climbing or manned lifts risk safety

hazards associated with fall s , electrical hazards, fuel related hazards, and inhalation hazards

associated with the structures being inspected. In contrast, a sUAS weighing less than 2 5 lbs.

and powered by batteries eliminates a portion of that risk given the reduced mass and lack of

combustible fuel carried on board a manned aircraft and the lack of risks associated with

manned lifts or manned climbing apparatus. The sUAS will carry no passengers or crew and,

therefore, will not expose any individuals to the risks associated with manned aircraft flights,

manned lifts or climbing hazards.

Additionally, no national security issue is raised by the grant of the requested exemptions.

Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no

explosives or other dangerous materials, the sUAS poses no threat to national security.

The operation of the sUAS, weighing less than 25 lbs., for aerial photography, aerial

videography, and aerial inspections in accordance with the strict conditions outlined above

, will provide an equivalent level of safety supporting the grant of the exemptions requested

herein, including exempting Aerial Agents from the requirements of Part 21.

The sUAS’s satisfaction of the criteria set forth in Section 333 of the Reform Act

— size, weight,

speed, op e r a t i n g capab ili t i es, l a c k o f p r o x i m i t y t o a i r po rt s, op e r a t i on w i t h i n visual line of sight,

and national security

— and its showing of an equivalent level of safety as it may relate to the

requirement for FAA training, provide more than adequate justification for the grant of the

requested exemptions allowing commercial operation of the sUAS in the commercial aerial

photography, aerial videography, and aerial inspections business.

Aerial Agents is requesting this exemption for the purpose of aerial photography, aerial

videography, aerial inspections and other flight operations that may arise. The reason for su ch

a general based exemption request is to integrate a horizontal business model in order to

capitalize on vast opportunities in the future without delay in additional exemption requests.

V e r y tr u l y y ou r s,

Thomas Wasinski

President

Aerial Agents, LLC

Enclosures:

Appendix A: Exemption Request and Equivalent Level of Safety Showings

Under Applicable Rules Subject to Exemption

Appendix B: Operation and Maintenance Manuals:

• DJI S 10 00 +

• DJI S 9 007 • DJI S800 EVO

• DJI Inspire 1

• DJI Phantom 2 & 3 Professional8 A PP END I X A

EXE M P T IO N RE Q UEST A N D E Q U I V A L E N T L E VEL O F S A F E T Y SH O W I N G S UNDE R

A P P L I C A B LE RU L ES S UB J E C T T O EXE M P T IO N

Aerial Agents, LLC requests an exemption from the following regulations as well

as any additional regulations that may technically apply to the operation of the

sUAS's:

14 C

. F

. R

. § 45

. 2 3 ( b ) : M ark i ng o f t he A i rcra f t

T he r e g u l a t i on p r o v i des:

W he n m a r k s i nc l ude on l y t he R o m an cap i t al l e tt e r “ N ” and t he r e g i s tr a t i on

nu m ber i s d i sp l a y ed on li m i t ed, r e s t r i c t ed o r l i g ht

- spo r t ca t e g o r y a i r c r a f t or

e x pe r i m en t al or p r o v i s i ona l l y ce rt i f i c a t ed a i r c r a f t

, t he op e r a t o r m u s t a l so d i sp l ay

on t h a t a i r c r a f t near each en t r ance t o t he cab i n, c oc k p i t , or p il ot s t a t i on, i n l e tt e r s

not l ess t han 2 i nches n o r m o r e t han 6 i nches h i gh, t he w o r ds “ li m i t ed

, ”

“r e s tr i c t e d

, ” “ l i g h t

- spo r t

, ” “ e x pe r i m en t a l, ” o r “ p r o v i s i ona l

, ” as app li cab l e.

The sUAS's has no entrance to the cabin, cockpit, or pilot station on which the word

“Experimental” can be placed. Given the size of the sUAS, two

- inch lettering will be

impossible. The word “Experimental” will be placed on the forward fuselage in compliance with

§ 45.29(f). The equivalent level of safety will be achieved by having the sUAS marked on its

forward fuselage as required by § 45.29(f) where the pilot, observer, and others working with

the UAV will see the identification of the sUAS as “Experimental.” The FAA has issued the

following exemptions to this regulation to Aerial Pros, Exemption No. 10700, and to others,

including Exemption Nos. 8738, 10167 and 10167A.

14 C

. F

. R

. P a r t 2 1, S ubpart H : A i r w o r t h i ness C er t i fi c a t es

14 C FR § 9 1

. 203 ( a )( 1 )

Subpart H, entitled Airworthiness Certificates

, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by Aerial Agents, an exemption

from Part 21 Subpart H meets the requirements of an equivalent le v el of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement

for an airworthiness certificate, upon consideration of the size, weight, speed, operational

capability, and proximity to airports of the particular UAS. Our small sUAS's will be operated at

low speed in a controlled environment, at least five miles from an airport. An analysis of these

criteria demonstrates that the sUAS's oper ated without an airworthiness certificate, in

the restricted environment and under the conditions proposed will be at least as safe, or safer,

than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness

certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 25 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area. Like other civil aircraft, operations under this exemption will be tightly

controlled and monitored by the operator, pursuant to the Manual's requirement s

, and under9 the requirements and in compliance with local public safety requirement s

, to provide security

for the area of operation as is currently done on active construction sites.

These safety enhancements, which already apply to civil aircraft operated in connection with

construction sites, power plant sites and the like provide a greater degree of safety to the

public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same

criteria demonstrates that there is no credible threat to national security posed by the UAS,

due to its size, speed of operation, location of operation, lack of explosive materials or

flammable liquid fuels, and ability to carry an external load no greater than two lbs.

14 C

. F

. R

. § 61

. 11 3 ( a) & ( b ) ; 6 1

. 133 ( a ) : P r i v a t e P il ot P r i v il eges and L i m i t a t i ons; P il o t i n

C ommand; C o m merc i a l Pi l ot P r i v il eges and L i m i t a t i ons.

Section 61.113(a) & (b) limit private pilots to non

- commercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the sUAS in this case is

remotely controlled with no passengers or property of others on board. Section 61.133(a)

requires an individual with a commercial pilot’s license to be pilot in command of an aircraft

for compensation or hire. Aerial Agents respectfully proposes that operator requirements

should take into account the characteristics of the particular sUAS. Aerial Agents sUAS has a

high degree of control and various built

- in technical capabilities that strictly limit the potential

for o peration outside of the operating conditions set forth in the exemption application.

The sUAS has navigation and control system comprised of a Ground Control Station (GCS) and

auto

- pilot system. A l l flight s utilize precision GPS guidance. In the case of unplanned events,

the operator inputs evasive maneuvers from the control unit, and the control unit executes that

maneuver. Operator interventions include diversion to the right; initiation of holding at present

position; suspension of mission; fly back t o launch point; fly to point and hold; abort mission and

land; and emergency power cut off and land (Flight Termination System).

Given these safety features, Aerial Agents proposes that operators of the sUAS should not

be required to hold a commercial or private pilot certification. Instead, operators should be

required to:

• ha v e succes s f u ll y co m p l e t ed, a t a m i n i m u m

, F A A p r i v a t e p il ot g r ound

i n s tr u c t i on and passed t he F A A P r i v a t e P il ot w r i tt en e x a m i na t i on or F A A

-

r ec o g n i z ed

e q u i v a l en t s;

• have completed manufacturer's training program or a minimum 40 hours

training program for operation of the UAS.

Aerial Agents notes that the FAA has found that safety factors permitted operation of sUASs by

operators with these qualifications in the case of operations pursuant to public COAs where the

mandatory operating conditions specified above are present. See Federal Aviation

Administration

, Notic e N

- 8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at

20

- 21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to

waive the pilot requirements for commercial operations.

Given these conditions and restrictions, an equivalent level of safety will be provided by

allowing operation of the sUAS without a private pilot’s certificate or a commercial pilot’s

certificate, under the conditions set forth herein.10 The risks associated with the operation of the sUAS (given its size, speed, operational

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated

with private pilot operations or commercial operations contemplated by Part 61 with

conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth

above meets or exceeds the present level of safety provided under 1 4 C.F.R

. § 61.113(a) & (b)

and does not rise to the level of requiring a commercial pilot to operate the aircraft under

§ 61.133(a).

14 C

. F

. R

. § 91

. 7 ( a ) : C i v i l a i r c ra f t a i r w o r t h i nes s

.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the sUAS without

an airworthiness certificate, no standard will exist for airworthiness of the sUAS. Given the size

of the aircraft and the requirements that have presumably already been met for the sUAS (for

instance, the sUAS’s Operations and Maintenance Manual and Safety Manual and Checklist),

an equivalent level of safety will be achieved by insuring compliance with the Aerial Agents

manuals prior to each flight.

14 C

. F

. R

. § 91

. 9 ( b ) ( 2 ) : C i v i l A i rcra f t F li g h t M a nual i n t he A i rcra f t

.

T he r e g u l a t i on p r o v i des:

N o pe r son m ay ope r a t e a U

. S.

- r e g i s t e r ed c i v i l a i r c r a f t ...

For w h i ch an Ai r p l ane or R o t o r c r a f t F li g h t M anual i s not r e q u i r ed by §21

. 5

(2) of this chapter, unless there is available in the aircraft a current approved

airplane or Rotorcraft Flight Manual, approved manual material, markings, and

placards, or any combination thereof.

Given the size and configuration of the sUAS, it has no ability or place to carry such a

flight manual on the aircraft, not only because there is no pilot on board, but because

there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual ( see

, e.g.

, User

Guide, Exhibit 4) at the ground control point where the pilot flying the sUAS will have

immediate access to it. The FAA has issued to others the following exemptions to this

r e g u l a t i on: E x e m p t i on N os. 860 7

, 873 7

, 8 738, 9 2 99, 9299 A

, 956 5

, 9565 B , 10167, 10167A,

10602, 3282 7

, and 107 0 0.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure

the safety of flight. An exemption is needed from this requirement as the pilot will take

separate preflight actions, including checking for weather conditions, checking flight

battery requirements, checking takeoff and landing distances, and all other actions in the

Preflight Checklist in the Manual and Safety Checklists. These actions will provide an

equivalent level of safety.

14 C

. F

. R

. § 91

. 10 9 ( a) & 91

. 319 ( a )( 1 ) : F li g h t I n s t ruc t i on

T hese r e g u l a t i ons p r o v i de t h a t no pe r son m ay ope r a t e a c i v i l a i r c r a f t ( e x cept a m anned fr ee

ba ll oon) t hat i s be i n g us e d f o r f l i g ht i ns t r u c t i on un l ess t h a t a i r c r a f t has f u ll y f unc t i on i n g dual

con tr o l s

.11 The sUAS is a remotely piloted aircraft and by design, does not have fully functional dual

controls. Flight control is accomplished through the use of a control box that communicates

with the aircraft via radio communications. If instruction is accomplished through a training

program, as set forth in Exhibit 2, an equivalent level of safety will be assured. The FAA has

approved exemptions for flight training without fully functional dual controls for a number of

aircraft and for flight instruction in experimental aircraft. Se e Exemption Nos. 5778K & 9862A.

The equivalent level of safety will be achieved by the manufacturer providing the training as

outlined.

14 C FR § 9 1

. 119: M i n i mum S a f e A ltit udes

S ec t i on 91

. 119 e s t ab li shes s a f e a l t i t ud e s f or ope r a t i on o f c i v i l a i r c r a f t

. S p ec i f i ca ll y

, 91

. 11 9 ( c)

li m i t s a i r c r a f t f l y i ng o v er a r eas o t her t han co n g e s t ed a r eas t o an a l t i t ude o f 500 f eet abo v e t he

su r f ac e

, e x cept o v er op e n w a t er or sp a r se l y popu l a t ed a r ea s

. I n t hose c a ses, t he a i r c r a f t m ay

not be ope r a t ed c l os e r t h an 500 f eet t o any pe r s o n, v esse l

, v eh i c l e, or s tr u c t u r e

.

As set forth herein, the sUAS will never operate at higher than 400 feet AGL. Because aerial

photography, aerial videography, and aerial inspections must be accomplished at relatively low

altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is

needed.

14 C.F.R § 91.121 Altimeter Settings

Aerial Agents requests an exemption from 14 C.F.R. 91.121. This Part provides guidelines for

altimeter use below 18,000 feet mean sea level (“MSL”) in maintaining the cruising altitude or

flight level of the aircraft. Aerial Ag ents operation of the sUAS will not exceed 400 feet AGL and

will be operated in a fashion that is not a sustained cruising flight such as a manned aircraft will

typically fly. The ground station has live feedback and GPS information about the sUAS,

includi ng but not limited to the height of the sUAS, its forward velocity, and compass heading.

The operator will be able to observe and control the maximum height of the sUAS. Additionally,

the sUAS will be operated within the line of sight. Therefore, the equiv alent level of safety

provided by Section 91.121 will be met.

14 C

. F

. R

. § 91

. 15 1 ( a ) : Fuel R equ i reme n t s f or F li g h t i n V FR C on d i t i o n s

T h i s r e g u l a t i on p r oh i b i t s an i nd i v i du a l fr o m b e g i n n i ng “ a f l i g h t i n an a i r p l a n e under V FR

cond i t i ons unless ( cons i de r i ng w i nd and f o r ec a st w ea t her cond i t i on s ) t he r e i s eno u g h f uel t o f l y

t o t he f i r st po i nt o f i n t en d ed l and i ng an d , ass u m i ng no r m al c r u i s i ng speed

– ( 1 ) D u r i n g t he da y

, t o f l y a ft er t hat f o r a t l ea s t 30 m i nu t e s; or ( 2 ) A t n i g h t

, t o f l y a ft er t h a t f or at l east 45 m i nu t e s

. ”

The sUAS batteries provide approximately 15

- 30 minutes of powered flight. Without an

exemption fro m § 14 CFR 91.151, the sUAS’s flights would be limited to approximately 2 0

minutes in length. Given the limitations on its proposed operations and the location of those

proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable.

Aerial Agents believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope

of a prior exemption. Se e Exemption 10673 (allowing Lockheed Martin Corporation to operate

without compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve

fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the

size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo12 also enhances its safety. Additionally, limiting sUAS flights would greatly reduce their utility. In

the unlikely event that the sUAS should run out of battery charge, it would simply land. Given its

weight and construction material, the risks are less than contemplated by the current regulation.

Aerial Agents believes that an equivalent level of safety can be achieved by maintaining 10

minutes of reserve battery

, which, allows approximately 30 minutes of flight time , but Aerial

Agents limits all flight s to no greater than 20 minutes , would be more than adequate to return

the sUAS to its planned landing zone from anywhere in its operating area.

14 C

. F

. R

. § 91

. 203 ( a ) & ( b ) : C arr y i ng C i v i l A i rcra f t C er t i f i ca t i on and R eg i s t r a ti on

T h i s r e g u l a t i on p r o v i des as f o ll o w s:

( a)

. . . no pe r son m ay ope r a t e a c i v i l a i r c r a f t un l ess i t has

. . . an ap p r op r i a t e

and cu r r ent a i r w o rt h i ne s s ce r t i f i ca t e

. ( b) N o pe r son m ay ope r a t e a c i v i l a i r c r a f t un l ess t he a i r w o rt h i ness ce r t i f i ca t e

r e q u i r ed by pa r a g r aph ( a ) o f t h i s se c t i on o r a spe c i al f l i g ht au t h o r i z a t i on i ssued

under §9 1

. 715 i s d i sp l ayed at t he cab i n o r co c kp i t en t r ance so t hat i t i s l e g i b l e t o

passen g e r s or c r e w

.

The sUAS's fully loaded weighs no more than 2 5 lbs. As such, there is no ability or place to

carry certification and registration documents or to display them on the sUAS. In addition,

there is no pilot on board the aircraft.

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

point where the pilot flying the sUAS will have immediate access to them. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions includes

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

S ec t i on 91

. 40 5 ( a) r e q u i r es t h a t an a i r c r a f t op e r a t or o r o w ner “ sha l l ha v e t hat a i r c r a f t i nspe c t ed

as p r e s c r i bed i n subpa r t E o f t h i s p a r t and sha l l be t w een r e q u i r ed i nspe c t i ons, e x cept as

p r o v i ded i n pa r a gr aph ( c ) o f t h i s se c t i on, ha v e d i sc r epanc i es r epa i r ed a s p r esc r i bed i n pa r t 43 o f

t h i s cha p t er . . .

. ” S ec t i o n 91

. 407 s i m il a r l y m a k es r e f e r ence t o r e q u i r e m e n t s i n P a r t 43; S ec t i on

91

. 409 ( a )( 2 ) r e q u i r es an annual i nspec t i on f or t he i ssuance o f an a i r w o rt h i ness c e rt i f i c a t e.

S ec t i on 91

. 41 7 ( a) r e q u i r es t he o w ner or ope r a t or t o k eep r eco r d s sho w i ng ce r t a i n m a i n t enance

w o r k t hat has been acc o m p li shed by ce r t i f i ca t ed m echan i cs, under P a r t 4 3, o r li censed p il o t s

and r ec o r ds o f app r o v al o f t he a i r c r a f t f o r r e t u r n t o se r v i ce.

Maintenance of the sUAS's will be accomplished by the owner/operator pursuant to the

manuals. An equivalent level of safety will be achieved because the sUAS is small in size, will

carry no external payload, will operate only in restricted predetermined areas and is not a

complex mechanical devise. As provided in the attached Maintenance Manual and the Safety

Checklist, the trained operator of sUAS will ensure that the sUAS is in working order prior to

initiating flight, perform required maintenance, and keep a log of any maintenance that is

performed. Moreover, the operator is the person most familiar with the aircraft and is best

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of

safety.13 A PP END I X B

SU M M A R Y O F T R IM B LE SEC T IO N 333 EXE M PT IO N RE Q UEST

Aerial Agents, LLC hereby provides pursuant to Part 11 a summary of its

exemption application to allow commercial operation of the DJI S1000+, DJI S900, DJI

Inspire 1, DJI Phantom 2 & 3 Professional sUAS's for aerial photography, aerial

videography, and aerial inspections. An exemption is requested from the following

regulatio ns:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) &

(b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) &

(b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a) & (b).14 

# Operation and Maintenance Manuals & Safety

Guideline s

Appendix B

• DJI S1000+ User Manual v1.2

o http://www.dji.com/product/spreading

wings

- s1000

- plus/download

• DJI S900 User Manual v1.2

o http://www.dji.com/product/spreading

wings

- s900/download

• DJI S800 Evo User Manual v1.10

o http://www.dji.com/product/spreading

wings

- s800

- evo/download

• DJI Inspire 1 User Manual (EN) v1.2

o http://www.dji.com/product/inspire

1/download

• DJI Phantom 2 User Manual (EN) v1.4

o http://www.dji.com/product/phantom

2/downloa d

• DJI Phantom 3 Professional User Manual

(EN) v1.0

o http://www.dji.com/product/phantom

3/downloadAerial Agents, LLC PO Box 341 Hudson, Ohio 44236