Aerial	Elements

Jeff@aerialelements.com

aerialelements.com

970-373-7839

Aerial Elements

Jeff Fulkerson - President

3413 17th Ave, Evans, CO, 80620

970-373-7839

www.aerialelements.com

jeff@aerialelements.com

November 11, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request for Aerial Elements, 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) 

and 14 C.F.R. Part 11, Aerial Elements requests an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its Unmanned Aircraft Systems (“UAS”) 

for the purposes of aerial photography, inspecting construction sites, surveying, infrastructure 

inspection, mapping, precision agriculture, and other flight operations that could be performed 

safely and more cost effectively than a traditional manned aircraft.

Applicant Name & Address

Aerial Elements

Jeff Fulkerson - President

3413 17th Ave, Evans, CO, 80620

Phone: 970-373-7839

Email: jeff@aerialelements.com

Company & Aircraft Specifics

Aerial Elements is a privately owned company founded to deliver UAS services with a focus on 

safety and service. Aerial Elements’ UAS are rotorcraft, weighting 55 or fewer lbs. including 

payload. They operate, under normal conditions at a speed of no more than 50 knots and have 

the capability to hover, and move in the vertical and horizontal plane simultaneously. They will 

operate at altitudes of no more than 400 feet, and only in line of sight.

Aerial Elements will be using the DJI Phantom 2 Vision Plus, DJI Inspire 1, 3DR Solo, and DJI 

S900 aircraft. They will operate only within the areas and under the conditions as described in 

the Aircraft Flight Manuals (“AFM”) (hereinafter “the Manuals”). Operations in compliance with 

these manuals will ensure that the UAS will not create a hazard to users of the national airspace 
Aerial	Elements

Jeff@aerialelements.com

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970-373-7839

system or the public and that the aircraft will operate in compliance with 

the conditions set forth in this application.

In support of this application, Aerial Elements is submitting the following manuals:

1. DJI Inspire 1 User Manual v1.4

2. DJI Inspire 1 Maintenance Manual v1.0

3. DJI Inspire 1 Safety Guidelines

4. DJI Phantom 2 Vision+ User Manual v1.8

5. DJI Phantom Pilot Training Guide

6. Intelligent Flight Battery Safety Guidelines

7. 3DRobotics Solo User Manual v4

8. DJI S900 User Manual v1.2

Regulations from which the exemption is requested

14 C.F.R. § 61.23 (a) and (c)

14 C.F.R. § 61.101(e)(4) and (5) 

14 C.F.R. § 61.113(a) and (b) 

14 C.F.R. § 61.315(a)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.119 (c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.405(a)

14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 91.409(a)(1) and (a)(2) 

14 C.F.R. § 91.417(a) and (b)

14 C.F.R. §61.23 (a) and (c): Medical certificates: Requirement and duration; 14 C.F.R. § 

61.101(e)(4) and (5): Recreational pilot privileges and limitations; 14 C.F.R. § 61.113(a): Private 

pilot privileges and limitations: Pilot in command;14 C.F.R. §61.315(a): What are the privileges 

and limits of my sport pilot certificate? The UAS operations proposed will not carry a pilot or 

passengers, and therefore can achieve the equivalent level of safety of current operations by 

requiring the PIC operating the aircraft to have a Sport Pilot (or greater) certificate. A visual 

observer (VO) will be utilized and required to communicate with the PIC verbally at all 

times. The UAS will be limited to operations within visual line of sight (VLOS) of both the PIC 

and the VO. All UAS operations will take place in a controlled and restricted area. The risks 

associated with the use of a UAS are less than similar commercial aircraft operations. 

14 C.F.R. §91.7(a):Civil aircraft airworthiness. As there will be no airworthiness certificate for 

the aircraft, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft, regular maintenance and the use of a 

safety checklist prior to all flights, an equivalent level of safety can be maintained.

14 C.F.R. § 91.119 (c):Minimum safe altitudes: General. The UAS will never be operated at an 

altitude higher than 400 feet AGL. The UAS will operate in safe areas away from public and 

traffic and only with permission of the property and structure owners. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed 
Aerial	Elements

Jeff@aerialelements.com

aerialelements.com

970-373-7839

herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL in the aerial photography industry. Given the size, 

weight, maneuverability and speed of the UAS, an equivalent or higher level of safety will be 

achieved. 

14 C.F.R. § 91.121:Altimeter settings. As the UAS may not have a barometric altimeter, but 

instead a GPS sensor for altitude information, an exemption will be required. 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. 

14 C.F.R. § 91.151(a)(1):Fuel requirements for flight in VFR conditions. The UAS has a limited 

range and will be limited to operations in a controlled environment. The battery powering the 

UAS provides up to 25 minutes of flight time, and the UAS is unable to meet the 30 minute 

reserve requirement and therefore requires an exemption. An equivalent level of safety will be 

achieved by monitoring the battery through the ground station and landing with a minimum of 25 

percent of battery power remaining. This restriction would be more than adequate to return the 

UAS to its planned landing zone from anywhere within its limited operating area. 

14 C.F.R. § 91.405(a):Maintenance required. 14 C.F.R. § 91.407(a)(1):Operation after 

maintenance, preventive maintenance, rebuilding, or alteration. 14 C.F.R. §91. 409(a)(1) and 

(a)(2):Inspections. 14 C.F.R. § 91.417(a) and (b):Maintenance records. As these sections 

apply only to aircraft with an airworthiness certificate, these sections do not apply to the 

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook and per the manufacturer’s recommendation. As a safety precaution, the 

operator will perform preflight inspections and ensure the UAS is in working condition before 

initiating each flight. 

Public Interest

The use of a UAS in lieu of manned aircraft would enhance safety and reduce environmental 

impact compared to similar operations conducted with conventional manned aircraft carrying a 

crew and flammable fuel in the exercise of mapping, surveying, aerial photography, and 

precision agriculture. The inspections of cellular communication towers or similar structures with 

UAS will eliminate the risks associated with persons attempting to climb these structures. 

Furthermore, the photographs and video collected will provide engineers with valuable 

information as to the safety of these structures.

When compared to similar operations, utilizing a UAS poses much less of a safety concern for 

the general public with less fuel, time, noise, or other resources and is, therefore, in the public 

interest.

Equivalent Level of Safety

Given the small size of the UAS involved and the restricted environment within which they will 

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UAS to commence immediately. Also due to the size of the UAS, the restricted areas in which 

the relevant UAS will operate and the fact that aircraft will be flown by pilots holding at least a 

FAA sport pilot license, approval of the application presents no national security issue. Given 
Aerial	Elements

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970-373-7839

the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended; the strong equivalent 

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

enhanced safety, reduction in environmental impacts, including reduced emissions associated 

with allowing battery powered UAS for these functions instead of turbine or gas power 

aircraft/rotorcraft and operations with pilots having at least a private pilot license, the grant of the 

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

that the FAA grant the requested exemption without delay.

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

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

least an equivalent or higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the current operations 

conducted with conventional aircraft.

Conditions and Limitations

In addition to the safety standards mentioned above, Aerial Elements agrees to adhere to the 

following conditions and limitations when conducting commercial operations under an FAA 

issues exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision 

Plus, DJI Inspire 1, 3DR Solo, and DJI S900 aircraft when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new petition or 

a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy 

the VLOS requirement as long as the PIC always maintains VLOS capability. The VO 

and PIC must be able to communicate verbally at all times; electronic messaging or 

texting is not permitted during flight operations. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the VO can perform the duties required of the VO.

7. An exemption and all documents needed to operate the UAS and conduct its operations 

in accordance with the conditions and limitations stated in a grant of exemption, are 

hereinafter referred to as the operating documents. The operating documents must be 

accessible during UAS operations and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and limitations in an exemption 
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970-373-7839

and the procedures outlined in the operating documents, the 

conditions and limitations of the exemption take precedence and 

must be followed. Otherwise, the operator must follow the procedures as outlined in its 

operating documents. The operator may update or revise its operating documents. It is 

the operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension or 

amendment to a grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted an exemption, then the 

operator must petition for an amendment to its grant of exemption.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under an exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such a 

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS 

is in a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g., inoperable components, items, or equipment. If the inspection 

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited 

from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under an exemption must comply with all manufacturer safety 

bulletins.

13. Under a grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC 

must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft 

in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated 

under an exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC qualification 

flight hours and currency must be logged in a manner consistent with 14 CFR § 

61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, 

proficiency, and experience-building) and determining the PIC’s ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under an exemption 

are permitted under the terms of an exemption. However, training operations may only 

be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119.
Aerial	Elements

Jeff@aerialelements.com

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970-373-7839

15. UAS operations may not be conducted during night, as defined in 

14 CFR § 1.1. All operations must be conducted under visual 

meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not 

authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA-published 

aeronautical chart, unless a letter of agreement with that airport’s management is 

obtained or otherwise permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management must be made available to the Administrator or 

any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least 5 minutes or with the reserve power 

recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The exemption 

holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of any attached COA.

22. All aircraft operated in accordance with an exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC 

at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities 

at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating 

persons remain under such protection. If a situation arises where nonparticipating persons leave 

such protection and are within 500 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption.
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970-373-7839

27. All operations shall be conducted over private or controlled-access 

property with permission from the property owner/controller or 

authorized representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions contained 

on the NTSB Web site: www.ntsb.gov.

Privacy

All flights will occur over private or controlled areas with the owner’s consent. Capturing people 

in images will rarely occur. If a person is captured in a collected image they will have consented 

prior to filming or otherwise have agreed to being in the area prior to the filming taking place. 

Summary for Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed: Applicant seeks an 

exemption from the following rules: 14 C.F.R. §§ 61.23 (a) and (c); 61.101(e)(4) and (5): 

61.113(a) and (b): 61.315(a); 91.7(a); 91.119 (c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91. 409(a)(1) and (a)(2) 417(a) and (b) to operate commercially a small unmanned vehicle (55 

lbs. or less) for use in aerial data acquisition.

Conclusion

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

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security – provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant’s UAS for the Purposes 

outlined herein and are consistent with exemptions already granted, including Exemptions 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11150, 11158, 11213, 11586 and 11604.

Respectfully,

Jeff Fulkerson

President