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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. Department of Transportation

Docket Management System

1200 New Jersey Ave., 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 (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. 

The requested exemption would permit commercial operation of Aerial Agents, sUAS's, which 

weigh between 5 and 25 lbs 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 videography and 

aerial inspections, and other sUAS flight operations will 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 sUAS 
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flight operations using sUAS which weigh less than 25 lbs and are small in size (see the

attached O&M manuals). The sUAS's will be operated under controlled conditions at low

altitude 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, the 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 will 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.”

The name and address of the applicant are:

Aerial Agents, LLC

Attn: Thomas Wasinski

Ph: 440-241-1677

Email: hello@aerialagents.com

Address: 1380 Hunting Hollow Drive

Hudson, OH 44236

The regulations from which the exemption is requested are as follows:

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).
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Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 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

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). 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) (emphasis added).1

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, from the requirement that all civil aircraft must have a current airworthiness

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

service:

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections

44702-44716 of this title if the Administrator finds the exemption is in the 

public interest.

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

conditions proposed herein require modification in order to allow approval, to supply conditions

for the safe operation of the UAS. Aerial Agents welcomes the opportunity to consult with FAA 

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

may require modification.

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 
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the strong equivalent level of safety surrounding the proposed operations; and the significant 

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 critical element of the exemption application involves evidence of the airworthiness of the 

sUAS. 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 

and populated areas of the particular sUAS. Our small UAS's will operate at low speed in a 

controlled environment, at least five miles from an airport. An analysis of these criteria

demonstrates that the UAS operated 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.

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 be 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 nontowered 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 

airport 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:

• All operations to occur in Class G airspace.

• Operations to be conducted over private or controlled-access property.

• Permission from land owner/controller required before commencing any flight.
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• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

• Aircraft to remain within Visual Line of Sight (VLOS).

• Above Ground Level (AGL) altitude to be restricted to 400 feet.

• All operations conducted in vicinity of airport to remain more than 2.5 NM from

centerline azimuth of runway centerline measured from runway thresholds.

• All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

Operator Requirements

Aerial Agents respectfully proposes that operator requirements should take into

account the characteristics of the particular sUAS. 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 power on the aircraft triggers escalating alarms at GCS at 35% and 10%

levels.

• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds,

landing procedure begins.

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 FAArecognized equivalents;

• 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, Notice 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 certificates. 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.
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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 falls, electrical hazards, fuel related hazards, and inhalation hazards

associated with the structures being inspected. In contrast, a sUAS weighing less than 25 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, operating capabilities, lack of proximity to airports, operation within 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 such 

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. 

Very truly yours,

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 S1000+

• DJI S900
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• DJI S800 EVO

• DJI Inspire 1

• DJI Phantom 2 & 3 Professional
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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

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. § 45.23(b): Marking of the Aircraft

The regulation provides:

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

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. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(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 level 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 operated 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 requirements, and under 
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the requirements and in compliance with local public safety requirements, 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. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

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 operation 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. All flights 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 to 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:

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

instruction and passed the FAA Private Pilot written examination or FAA- recognized

equivalents;

• 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, Notice 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.
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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 14 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): Civil aircraft airworthiness.

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): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S.-registered civil aircraft ...

For which an Airplane or Rotorcraft Flight Manual is not required 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 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,

10602, 32827, and 10700.

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. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that 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.
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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. See Exemption Nos. 5778K & 9862A. 

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

outlined.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

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 Agents 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, 

including 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 equivalent level of safety 

provided by Section 91.121 will be met.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation 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 sUAS batteries provide approximately 15-30 minutes of powered flight. Without an 

exemption from § 14 CFR 91.151, the sUAS’s flights would be limited to approximately 20

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. See 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 cargo 
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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 flights 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): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . an appropriate 

and current airworthiness certificate.

(b) 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's fully loaded weighs no more than 25 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

Section 91.405(a) requires 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 . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots 

and records of approval of the aircraft for return to service.

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.
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APPENDIX B 

SUMMARY OF TRIMBLE SECTION 333 EXEMPTION REQUEST

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

regulations:

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 

Guidelines

Appendix B

• DJI S1000+ User Manual v1.2

o http://www.dji.com/product/spreadingwings-s1000-plus/download

• DJI S900 User Manual v1.2

o http://www.dji.com/product/spreadingwings-s900/download

• DJI S800 Evo User Manual v1.10

o http://www.dji.com/product/spreadingwings-s800-evo/download

• DJI Inspire 1 User Manual (EN) v1.2

o http://www.dji.com/product/inspire1/download

• DJI Phantom 2 User Manual (EN) v1.4

o http://www.dji.com/product/phantom2/download

• DJI Phantom 3 Professional User Manual 

(EN) v1.0

o http://www.dji.com/product/phantom3/download
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