U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act 

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, Advantage Aerial Solutions, LLC (AAS), a services company 

and operator of Small Unmanned Aircraft Systems (“sUASs”), hereby applies for an exemption from the 
Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft 

System (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long 

as such operations are conducted with and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

The requested exemption would permit Advantage Aerial Solutions, LLC to pursue its commercial 

interests in providing services to clients using a small advanced sUAS in the following areas: 

- Precision agriculture aerial surveying 

- Pipeline inspection and patrolling 

- Utility-power generation system inspections and patrolling 

- Communications infrastructure inspection/monitoring 
- Wildlife and forestry monitoring 

- Construction site inspection and monitoring 

- Public entity support operations. 

- Real estate photography 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best 

practices safety protocols followed by AAS at each of its client project locations. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 
Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Advantage Aerial Solutions, LLC

Attn: Gordon Lane 

1309 Oakmont rd Suite A

Charleston, WV 25314

Phone: 304.206.8835

Email: glane@aasdrones.com

Regulations from which the exemption is requested: 
14 C.F.R. Part 21 Certification procedures for products and parts 

14 C.F.R. 45.23(b) Identification and registration marking 

14 C.F.R. 61.113 (a) & (b) Private pilot privileges and limitations: pilot in command. 

14 C.F.R. 91.7 (a) Civil aircraft airworthiness 

14 C.F.R. 91.9 (b) (2) Civil aircraft flight manual, marking, and placard requirements 

14 C.F.R. 91.103 Preflight action 

14 C.F.R. 91.109 Flight instruction; simulated instrument flight and certain flight tests 

14 C.F. R. 91.119 Minimum safe altitudes; general 

14 C.F.R. 91.121 Altimeter settings 
14 C.F.R. 91.151 (a) Fuel requirements and flight in VFR conditions 

14 C.F.R. 91.203 (a) & (b) Civil aircraft; certifications required 

14 C.F.R. 91.405 (a) Maintenance required 

14 C.F.R. 407 (a) (1) Operation after maintenance, preventative maintenance, rebuilding 

or alteration 

14 C.F.R. 409 (a) (2) Inspections 

14 C.F.R. 417 (a) & (b) Maintenance records 

I. STATUTORY AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including 
sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. 

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

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a 

threat to national security. In making this determination, the Secretary must consider: 

• The sUAS’s size, weight, speed, and operational capability; 
• Whether the sUAS operates within the visual line of sight of the operator 

• Whether the sUAS operates outside of highly populated areas and away from close proximity to 

airports 

Reform Act §333(a). If the Secretary determines that a sUAS “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). 

Advantage Aerial Solutions’ sUASs 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 only in line of sight and 

will operate only within a sterile area. Such operations will insure that the sUAS will “not create a hazard 
to users of the national airspace system or the public.” 

We are petitioning for exemption to enable AAS to operate a DJI Phantom 3 Advanced multi-rotor 

equipped with a three-axis gimbaled camera and a eBee sensefly SA. These sUAS all weigh less than 25 

lbs., have a built- in capability to limit the height it flies above the ground, to limit the radius of the 

distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone 

feature. Each system also has the failsafe function of the autopilot system, which means when the 

communication between the Main Controller and the transmitter is lost, the system will automatically 

trigger Return to Home and will land safely. 

Given the small size of the sUAS involved and the restricted and sterile environment within which they 

will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in 
which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to 

commence immediately. Also due to the small size of the sUAS and the low altitudes and restricted 

areas in which the sUAS will operate, approval of the application presents no national security issue. 

Given 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, the grant of the requested exemptions is in 

the public interest. Accordingly, Advantage Aerial Solutions LLC respectfully requests that the FAA 

grant the requested exemption without delay. 

Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, but for the Administrator to craft conditions for the safe 
operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the 

statutory requirements for approval. 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 that includes sUASs, from the requirement that all civil aircraft must 

have a current airworthiness certificate. 

II. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 
completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption 

the FAA will fulfill Congress’s intent of allowing UAS to operate with significant safety precautions in low 

risk environments. 

The use of sUAS on a work site can significantly reduce the risk to workers of falls while inspecting, 

surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to 

areas that otherwise would require worker inspection. Falls are a leading source of workplace fatality 

and injury on construction sites, and reducing falls through sUAS use for site imaging could save workers 

lives. 

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS we 

propose to fly in this application are under five pounds, and carry no combustible material on board, as 
opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters 

presents a marked safety increase for our workers and the public. 

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial 

imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as 

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier. 

Reform Act § 333 (a). Lastly, 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) 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without 
delay. 

III. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

AAS proposes that the exemption requested herein apply sUAS that have the characteristics and that 

operate with the limitations listed herein. These limitations provide for at least an equivalent or even 

higher level of safety to operations under the current regulatory structure because the proposed 

operations represent a safety enhancement to the already safe operations conducted with conventional 

aircraft. These limitations and conditions to which Advantage Aerial Solutions LLC agrees to be bound 

when 

conducting commercial operations under an FAA issued exemption include: 

1. The sUAS will be less than 55 pounds. 
2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates 

battery reserve in real time, and will return to its ground station with at least 20% battery power 

reserve should that occur prior to the 30 minute limit. 

4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL. 

5. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual 

line of sight at all times. 

6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the 

Flight Manual. 

7. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. The 
Manual also requires the establishment of a “Security Perimeter” for the flight operations area. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will 

obtain additional verbal or written consent of all persons who will be allowed within 100 feet of 

the flight operation. 

10. Pilot will have been trained in operation of UASs generally and received up-to-date information 

on the particular UAS to be operated as required by the Manual. 
11. Written and/or oral permission from the relevant property holders or their agents will be obtained. 

12. 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. 

13. If the sUAS loses communications or loses its GPS signal, it will have capability to enter “loiter 

mode” and hover, reestablish satellite connection, and return to a predetermined location 

within the Security Perimeter and land. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

14 C.F.R. § 45.23 (b). Identification and registration markings 

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital 

letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each 
suffix letter used in the marks displayed must also be a Roman capital letter. 

(b) 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,” “lightsport,” “experimental,” or “provisional,” as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” will 

be placed on the fuselage in compliance with §45.29 (f). 
The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the 

UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167A. 

14 CFR § 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private 

pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft. 
(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

(c) A private pilot may not pay less than the pro rata share of the operating expenses of a flight 

with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees. 

(d) A private pilot may act as pilot in command of a charitable, nonprofit, or community event 

flight described in §91.146, if the sponsor and pilot comply with the requirements of §91.146. 

(e) A private pilot may be reimbursed for aircraft operating expenses that are directly related to 

search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or 
rental fees, and the operation is sanctioned and under the direction and control of: 

(1) A local, State, or Federal agency; or 

(2) An organization that conducts search and location operations. 

(f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time 

may demonstrate an aircraft in flight to a prospective buyer. 

(g) A private pilot who meets the requirements of §61.69 may act as a pilot in command of an 

aircraft towing a glider or unpowered ultralight vehicle. 

(h) A private pilot may act as pilot in command for the purpose of conducting a production flight 

test in a light-sport aircraft intended for certification in the light-sport category under §21.190 of this 
chapter, provided that—

(1) The aircraft is a powered parachute or a weight-shift-control aircraft; 

(2) The person has at least 100 hours of pilot-in-command time in the category and class of aircraft 

flown; and 

(3) The person is familiar with the processes and procedures applicable to the conduct of 

production flight testing, to include operations conducted under a special flight permit and any 

associated operating limitations. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the Pilot operating the aircraft to have completed a sUAS flight training course 
of 100 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, 

the sUAS is remotely controlled with no living thing or cargo on board. AAS’s sUAS is also operated by 

an autopilot, which greatly reduces the danger of human error. 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in 

condition for safe flight. The pilot in command shall discontinue the flight when un-airworthy 

mechanical, electrical, or structural conditions occur. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 
there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, 

as set forth in Sections J, L and Q, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

(a) Except as provided in paragraph (d) of this section, no person may operate a civil aircraft 

without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight 

Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country 

of registry. 

(b) No person may operate a U.S.-registered civil aircraft—
(1) For which an Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter unless 

there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual 

provided for in §121.141(b); and 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 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. 

(c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter. 

(d) Any person taking off or landing a helicopter certificated under part 29 of this chapter at a 
heliport constructed over water may make such momentary flight as is necessary for takeoff or landing 

through the prohibited range of the limiting height-speed envelope established for the helicopter if that 

flight through the prohibited range takes place over water on which a safe ditching can be accomplished 

and if the helicopter is amphibious or is equipped with floats or other emergency flotation gear 

adequate to accomplish a safe emergency ditching on open water. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft -(2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 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. The sUAS, given its size and configuration 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 maintained by keeping the flight manual at the ground control 

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

Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight. This information must include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, 
fuel requirements, alternatives available if the planned flight cannot be completed, and any known 

traffic delays of which the pilot in command has been advised by ATC; 

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing 

distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff 

and landing distance data is required, the takeoff and landing distance data contained therein; and 

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values of 

airport elevation and runway slope, aircraft gross weight, and wind and temperature. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety 
of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight instruction: 

(a) 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. However, instrument flight 

instruction may be given in an airplane that is equipped with a single, functioning throwover control 

wheel that controls the elevator and ailerons, in place of fixed, dual controls, when—

(1) The instructor has determined that the flight can be conducted safely; and 
(2) The person manipulating the controls has at least a private pilot certificate with appropriate 

category and class ratings. 

(b) An airplane equipped with a single, functioning throwover control wheel that controls the 

elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a 

flight review required by §61.56 of this chapter, or to obtain recent flight experience or an instrument 

proficiency check required by §61.57 when—

(1) The airplane is equipped with operable rudder pedals at both pilot stations; 

(2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during 

the entire flight; 

(3) The instructor is current and qualified to serve as pilot in command of the airplane, meets the 
requirements of §61.195(b), and has logged at least 25 hours of pilot-in-command flight time in the 

make and model of airplane; and 

(4) The pilot in command and the instructor have determined the flight can be conducted safely. 

(c) No person may operate a civil aircraft in simulated instrument flight unless—

(1) The other control seat is occupied by a safety pilot who possesses at least a private pilot 

certificate with category and class ratings appropriate to the aircraft being flown. 

(2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent 

observer in the aircraft adequately supplements the vision of the safety pilot; and 

(3) Except in the case of lighter-than-air aircraft, that aircraft is equipped with fully functioning dual 
controls. However, simulated instrument flight may be conducted in a single-engine airplane, equipped 

with a single, functioning, throwover control wheel, in place of fixed, dual controls of the elevator and 

ailerons, when—

(i) The safety pilot has determined that the flight can be conducted safely; and 

(ii) The person manipulating the controls has at least a private pilot certificate with appropriate 

category and class ratings. 

(d) No person may operate a civil aircraft that is being used for a flight test for an airline transport 

pilot certificate or a class or type rating on that certificate, or for a part 121 proficiency flight test, unless 

the pilot seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in 

command of the aircraft. 
Section 91.103 provides 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. 

sUASs and remotely piloted aircraft, by their design do 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. 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 provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 
Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open 

air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius 

of 2,000 feet of the aircraft. 

(c) Over other than congested areas. 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. 
(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of 

this section, provided each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 
helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 

400 AGL. Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed 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 other industries. In addition, the low-altitude operations of the sUAS will ensure separation 

between these small-UAS operations and the operations of conventional aircraft that must comply with 

Section 91.119. 
14 C.F.R. §91.121: Altimeter Settings 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles 

of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current 

reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an 
appropriate altimeter setting available before departure; or 

(2) At or above 18,000 feet MSL, to 29.92ʹʹ Hg. 

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of 

operation as shown in the following table: 

Current altimeter setting Lowest usable flight level 

29.92 (or higher) 180 

29.91 through 29.42 185 

29.41 through 28.92 190 

28.91 through 28.42 195 

28.41 through 27.92 200 
27.91 through 27.42 205 

27.41 through 26.92 210 

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight 

level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the 

appropriate number of feet specified below, according to the current reported altimeter setting: 

Current altimeter setting Adjustment factor 

29.92 (or higher) None 

29.91 through 29.42 500 

29.41 through 28.92 1,000 
28.91 through 28.42 1,500 

28.41 through 27.92 2,000 

27.91 through 27.42 2,500 

27.41 through 26.92 3,000 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight. 
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

(a) No person may begin 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. 

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 
Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30-

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 
without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where 

only people and property owners or official representatives who have signed waivers will be allowed, 

with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 

minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes 

that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

power whichever happens first. This restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its limited operating area. Similar exemptions have been 

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 
14 C.F.R. §91.203 (a) (1) & (b): Civil aircraft: Certifications required 

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the 

following: 

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to 

comply with this subparagraph (except a special flight permit, a copy of the applicable operations 

specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual 

required by parts 121 and 135 of this chapter containing that portion of the operations specifications 

issued under §21.197(c), or an authorization under §91.611) must have on it the registration number 

assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not 

have on it an assigned special identification number before 10 days after that number is first affixed to 
the aircraft. A revised airworthiness certificate having on it an assigned special identification number, 

that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards 

district office. 

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United 

States, the second copy of the Aircraft registration Application as provided for in §47.31(c), or a 

registration certification issued under the laws of a foreign country. 

(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. 
(c) No person may operate an aircraft with a fuel tank installed within the passenger compartment 

or a baggage compartment unless the installation was accomplished pursuant to part 43 of this chapter, 

and a copy of FAA Form 337 authorizing that installation is on board the aircraft. 

(d) No person may operate a civil airplane (domestic or foreign) into or out of an airport in the 

United States unless it complies with the fuel venting and exhaust emissions requirements of part 34 of 

this chapter. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

sUAS. 

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, to the extent they are applicable to 

the sUAS. 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 

§91.405 Maintenance required. 

Each owner or operator of an aircraft—

(a) 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; 
(b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance 

records indicating the aircraft has been approved for return to service; 

(c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by 

§91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; 

and 

(d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a 

placard has been installed as required by §43.11 of this chapter. 

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. 

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless—
(1) It has been approved for return to service by a person authorized under §43.7 of this chapter; 

and 

(2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has 

been made. 

(b) No person may carry any person (other than crewmembers) in an aircraft that has been 

maintained, rebuilt, or altered in a manner that may have appreciably changed its flight characteristics 

or substantially affected its operation in flight until an appropriately rated pilot with at least a private 

pilot certificate flies the aircraft, makes an operational check of the maintenance performed or 

alteration made, and logs the flight in the aircraft records. 
(c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to 

flight, ground tests, inspection, or both show conclusively that the maintenance, preventive 

maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics or 

substantially affected the flight operation of the aircraft. 

(Approved by the Office of Management and Budget under control number 2120-0005) 

§91.409 Inspections. 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for 

return to service by a person authorized by §43.7 of this chapter; or 
(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. 

No inspection performed under paragraph (b) of this section may be substituted for any inspection 

required by this paragraph unless it is performed by a person authorized to perform annual inspections 

and is entered as an “annual” inspection in the required maintenance records. 

(b) Except as provided in paragraph (c) of this section, no person may operate an aircraft carrying 

any person (other than a crewmember) for hire, and no person may give flight instruction for hire in an 

aircraft which that person provides, unless within the preceding 100 hours of time in service the aircraft 

has received an annual or 100-hour inspection and been approved for return to service in accordance 
with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate 

in accordance with part 21 of this chapter. The 100-hour limitation may be exceeded by not more than 

10 hours while en route to reach a place where the inspection can be done. The excess time used to 

reach a place where the inspection can be done must be included in computing the next 100 hours of 

time in service. 

(c) Paragraphs (a) and (b) of this section do not apply to—

(1) An aircraft that carries a special flight permit, a current experimental certificate, or a light-sport 

or provisional airworthiness certificate; 

(2) An aircraft inspected in accordance with an approved aircraft inspection program under part 

125 or 135 of this chapter and so identified by the registration number in the operations specifications 
of the certificate holder having the approved inspection program; 

(3) An aircraft subject to the requirements of paragraph (d) or (e) of this section; or 

(4) Turbine-powered rotorcraft when the operator elects to inspect that rotorcraft in accordance 

with paragraph (e) of this section. 

(d) Progressive inspection. Each registered owner or operator of an aircraft desiring to use a 

progressive inspection program must submit a written request to the FAA Flight Standards district office 

having jurisdiction over the area in which the applicant is located, and shall provide—

(1) A certificated mechanic holding an inspection authorization, a certificated airframe repair 

station, or the manufacturer of the aircraft to supervise or conduct the progressive inspection; 
(2) A current inspection procedures manual available and readily understandable to pilot and 

maintenance personnel containing, in detail—

(i) An explanation of the progressive inspection, including the continuity of inspection 

responsibility, the making of reports, and the keeping of records and technical reference material; 

(ii) An inspection schedule, specifying the intervals in hours or days when routine and detailed 

inspections will be performed and including instructions for exceeding an inspection interval by not 

more than 10 hours while en route and for changing an inspection interval because of service 

experience; 

(iii) Sample routine and detailed inspection forms and instructions for their use; and 

(iv) Sample reports and records and instructions for their use; 
(3) Enough housing and equipment for necessary disassembly and proper inspection of the aircraft; 

and 

(4) Appropriate current technical information for the aircraft. 

The frequency and detail of the progressive inspection shall provide for the complete inspection of the 

aircraft within each 12 calendar months and be consistent with the manufacturer's recommendations, 

field service experience, and the kind of operation in which the aircraft is engaged. The progressive 

inspection schedule must ensure that the aircraft, at all times, will be airworthy and will conform to all 

applicable FAA aircraft specifications, type certificate data sheets, airworthiness directives, and other 

approved data. If the progressive inspection is discontinued, the owner or operator shall immediately 
notify the local FAA Flight Standards district office, in writing, of the discontinuance. After the 

discontinuance, the first annual inspection under §91.409(a)(1) is due within 12 calendar months after 

the last complete inspection of the aircraft under the progressive inspection. The 100-hour inspection 

under §91.409(b) is due within 100 hours after that complete inspection. A complete inspection of the 

aircraft, for the purpose of determining when the annual and 100-hour inspections are due, requires a 

detailed inspection of the aircraft and all its components in accordance with the progressive inspection. 

A routine inspection of the aircraft and a detailed inspection of several components is not considered to 

be a complete inspection. 

(e) Large airplanes (to which part 125 is not applicable), turbojet multiengine airplanes, 

turbopropeller-powered multiengine airplanes, and turbine-powered rotorcraft. No person may operate 
a large airplane, turbojet multiengine airplane, turbopropeller-powered multiengine airplane, or 

turbine-powered rotorcraft unless the replacement times for life-limited parts specified in the aircraft 

specifications, type data sheets, or other documents approved by the Administrator are complied with 

and the airplane or turbine-powered rotorcraft, including the airframe, engines, propellers, rotors, 

appliances, survival equipment, and emergency equipment, is inspected in accordance with an 

inspection program selected under the provisions of paragraph (f) of this section, except that, the owner 

or operator of a turbine-powered rotorcraft may elect to use the inspection provisions of §91.409(a), 

(b), (c), or (d) in lieu of an inspection option of §91.409(f). 

(f) Selection of inspection program under paragraph (e) of this section. The registered owner or 
operator of each airplane or turbine-powered rotorcraft described in paragraph (e) of this section must 

select, identify in the aircraft maintenance records, and use one of the following programs for the 

inspection of the aircraft: 

(1) A continuous airworthiness inspection program that is part of a continuous airworthiness 

maintenance program currently in use by a person holding an air carrier operating certificate or an 

operating certificate issued under part 121 or 135 of this chapter and operating that make and model 

aircraft under part 121 of this chapter or operating that make and model under part 135 of this chapter 

and maintaining it under §135.411(a)(2) of this chapter. 

(2) An approved aircraft inspection program approved under §135.419 of this chapter and 

currently in use by a person holding an operating certificate issued under part 135 of this chapter. 
(3) A current inspection program recommended by the manufacturer. 

(4) Any other inspection program established by the registered owner or operator of that airplane 

or turbine-powered rotorcraft and approved by the Administrator under paragraph (g) of this section. 

However, the Administrator may require revision of this inspection program in accordance with the 

provisions of §91.415. 

Each operator shall include in the selected program the name and address of the person responsible for 

scheduling the inspections required by the program and make a copy of that program available to the 

person performing inspections on the aircraft and, upon request, to the Administrator. 

(g) Inspection program approved under paragraph (e) of this section. Each operator of an airplane 
or turbine-powered rotorcraft desiring to establish or change an approved inspection program under 

paragraph (f)(4) of this section must submit the program for approval to the local FAA Flight Standards 

district office having jurisdiction over the area in which the aircraft is based. The program must be in 

writing and include at least the following information: 

(1) Instructions and procedures for the conduct of inspections for the particular make and model 

airplane or turbine-powered rotorcraft, including necessary tests and checks. The instructions and 

procedures must set forth in detail the parts and areas of the airframe, engines, propellers, rotors, and 

appliances, including survival and emergency equipment required to be inspected. 

(2) A schedule for performing the inspections that must be performed under the program 

expressed in terms of the time in service, calendar time, number of system operations, or any 
combination of these. 

(h) Changes from one inspection program to another. When an operator changes from one 

inspection program under paragraph (f) of this section to another, the time in service, calendar times, or 

cycles of operation accumulated under the previous program must be applied in determining inspection 

due times under the new program. 

§91.417 Maintenance records. 

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or 

operator shall keep the following records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-
hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 
overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 
repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with 

the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall 

be retained until the defects are repaired and the aircraft is approved for return to service. 

(c) The owner or operator shall make all maintenance records required to be kept by this section 

available for inspection by the Administrator or any authorized representative of the National 

Transportation Safety Board (NTSB). In addition, the owner or operator shall present Form 337 

described in paragraph (d) of this section for inspection upon request of any law enforcement officer. 
(d) When a fuel tank is installed within the passenger compartment or a baggage compartment 

pursuant to part 43 of this chapter, a copy of FAA Form 337 shall be kept on board the modified aircraft 

by the owner or operator. 

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. The operator pursuant to the flight manual and operating 

handbook will accomplish maintenance. An equivalent level of safety will be achieved because these 
small UASs are very limited in size and will carry a small payload and operate only in restricted areas for 

limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any 

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

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

********* 

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. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) 

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a);91.407 (a) (1); 91.409 (a) 

(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less). 

Approval of exemptions allowing commercial operations of sUASs, will enhance safety by reducing risk. 

Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet 

from the subjects being filmed and in extreme proximity to people and structures and present the risks 

associated with vehicles that weigh in the neighborhood of 4,000lbs, carrying large amounts of jet A or 

other fuel. Such aircraft must fly to and from the operational location. In contrast, a sUAS weighing 

fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass 
and lack of combustible fuel carried on board. The sUAS is carried to the operation site and not flown. 

The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated 

with manned aircraft flights. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined 

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

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 
Privacy 

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Filming will be of people who have also consented to being filmed or otherwise have 

agreed to be in the area where filming will take place. The grant of this exemption request will provide 

improved safety in both day and night operations. 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. 

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 sUAS in our clients’ specified industries. 

Sincerely, 

Gordon Lane

President / CEO 

Advantage Aerial Solutions, LLC