April 6, 2015 

 Exemption No. 11283 

 Regulatory Docket No. FAA−2014−0857 

Mr. Ryan Lee Baker 

CEO 

Arch Aerial, LLC 

30707 McKinney Drive 

Tomball, TX 77375 

Dear Mr. Baker: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated November 17, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Arch Aerial, LLC (hereinafter petitioner or operator) for an exemption. 

The exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct agricultural survey, film production, property survey, aerial photography, pipeline 

survey, and for monitoring damage in the event of a natural disaster. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. The FAA received 23 

comments in support of the petition. 
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Airworthiness Certification 

The UAS proposed by the petitioner is an Arch Aerial OCTO. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Arch Aerial, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 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 (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below. 
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Conditions and Limitations 

In this grant of exemption, Arch Aerial, LLC is hereafter referred to as the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the Arch Aerial OCTO 

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.This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this 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 this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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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 this grant of exemption. If the operator determines that any update or 

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

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

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 this 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 this exemption must comply with all manufacturer safety 

bulletins. 

13. Under this 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 Colombia, 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 
5 

operated under this 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 this exemption are permitted under the terms of this 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. 

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 FAApublished 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 five 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 the attached COA. 

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

number, registered in accordance with 14 CFR part 47, and have identification (N-
6 

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. 

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. 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 
7 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N-Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service 
U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

October 16th, 2014 

ArchAe rial 

Capture the most of your world 

Arch Aerial, LLC 

30707 McKinney Dr. 

Tomball, TX 77375 

(281) 974- 5752 

RE: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 of 

the Federal Aviation Regulations 

To Whom It May Concern: 

Pursuant to Section 3 33 of the FAA Modernization and Reform Act of 2012 ("FAA 

Reform Acf') and 14 C.F.R. Part 11, Arch Aerial LLC (AALLC) requests an exemption 

from Federal Aviation Regulations ("F ARs") detailed below for the Arch Aerial OCTO 

multi-rotor aircraft. Arch Aerial would like to specifically request exemptions from 14 

CFR 21, 14 CFR 91.203, 14 CFR 45.23, 14 CFR 45.29, 14 CFR 91.9, 14 CFR 61.113, 14 

CFR 61.133, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 CFR 

Subpart E (91.401- 91.417), FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 

16(e)(l). These regulations will be listed in an itemized form below. 

14 CFR21 

14 CFR 91.203 

14 CFR45.23 

14 CFR45.29 

14 CFR 91.9 

14 CFR 61.113 

14 CFR 61.133 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 

14 CFR Subpart E (91.401- 91.417) 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). 

The Arch Aerial OCTO is an eight-rotor UAS that weighs 7.0 pounds, and is operated 

using a radio control 2.4 GHz transmitter, and monitored using an Android or Windowsbased ground control station, connected via radio telemetry in the 915 MGHz band. The 

AALLC Section 333 Exemption Request 

October 16, 2014 

1 of8 
Arch Aerial OCTO can carry a payload of up to 13 pounds, and has been operated with a 

payload of high-resolution DSLR cameras, infrared cameras, and video cameras for 

photography, videography, geospatial analysis and photogrammetry. This request for an 

exemption would support a COA application to use the Arch Aerial OCTO multi-rotor 

UAS for agricultural survey, film production, property survey, aerial photography, 

pipeline survey, and for monitoring damage in the event of a natural disaster. 

AALLC has extensive operational experience in the United States and abroad, and 

designed the AALLC OCTO for topographic survey and aerial mapping. AALLC staff 

members have assisted American research institutions abroad in survey and supplemental 

aerial photography. 1 AALLC is requesting this exemption in order to operate the AALLC 

OCTO for low-altitude aerial photography in unpopulated areas for primarily precision 

agricultural survey and property survey. 

The FAA recently granted 6 companies an exemption to use small UAS to film for movie 

and TV production companies. 2 AALLC is also requesting this exemption to use the 

AALLC OCTO to film and photograph for movie and TV production companies, and 

asserts that the AALLC OCTO is as safe, if not safer than the platforms in use by these 

companies. 

The presence of UAS and their integration into the NAS has been in the public eye for 

quite some time now, and both the private and public sectors have shown a significant 

amount of interest in paving the way for safe and responsible UAS operation. AALLC is 

fully committed to this mission, and desires to operate small AALLC UAS for both 

research and commercial purposes using the Flight Restrictions (FRs) listed below. 

The Arch Aerial OCTO will be operated in accordance with the following FRs: 

• Flight operations will occur only in Class E or Class G airspace 

• Flight operations will occur at no more than 400 feet above ground level 

• Flight operations will occur using an electric power source 

• Flight operations will not risk the safety of the PIC or VO, or fly over any 

members of the general public 

• Flight operations will avoid congested or populated areas, which the FAA 

designates as yellow on VFR charts 

• Flight operations will be operated within VLOS, with one PIC and one groundbased VO within an audible distance of the PIC 

• Flight operations will occur only during daylight hours 

• Flight operations will not be conducted within a 5 NM radius from the center of 

any FAA designated airport 

• Flight operations will only be conducted with permission from the land owner 

• Flight operations will comply with all NOT AMs and TFRs 

1 http:/ jwww.dayofarchaeology.com/tag/arch-aerial-llc/ 

2 https:/ jwww.faa.gov fnewsjpress_releasesjnews_story.cfm?newsld=17194 

AALLC Section 333 Exemption Request 2 of8 

October 16, 2014 
AALLC is submitting this petition on its own behalf. If the FAA requires any 

modifications to our Arch Aerial OCTO exemption request, Arch Aerial requests the 

opportunity to amend this petition to include any modifications the FAA may require 

before granting or rejecting the petition for exemption. Arch Aerial will amend its 

petition to meet any additional standards for the integration of small UAS operation into 

theNAS. 

AALLC also requests that the FAA keep materials labeled "Confidential" from the public 

record for the purpose of maintaining our intellectual property. 

rbaker@archaerial.com 

(281) 974- 5752 

30707 McKinney Dr. 

Tomball, TX 77375 

ATTACHED: 

Exemption Requests 

Arch Aerial OCTO Manual 

Monthly Maintenance Inspection Checklist 

Arch Aerial OCTO Go-For-Flight Pre-Flight Checklist 

AALLC Section 333 Exemption Request 

October 16, 2014 

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EXEMPTION REQUESTS 

AALLC requests exemption for the following statutes: 

14CFR21 

14 CFR 91.203 

14 CFR45.23 

14CFR45.29 

14 CFR91.9 

14 CFR 61.113 

14 CFR 61.133 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 

14 CFR Subpart E (91.401- 91.417) 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). 

14 CFR 211 Airworthiness Certificates 

AALLC requests an exemption from Section 14 CRF Part 21 which requires the issuance 

of an Airworthiness Certificate for flight operation, while the FAA is still carrying out 

research and development for UAS standards and regulation. 

AALLC's OCTO multi-rotor aircraft weights only approximately 7.0 pounds, and can 

carry a maximum payload of up to 13 pounds. It will not carry fuel or passengers, and 

will obey the operational requirements (FRs) outlined in the introduction to this 

exemption petition. The AALLC OCTO can travel at most 0.5 NM from launch due to 

power supply constraints and forward speed limitations. We assert that the AALLC 

OCTO, as compared to manned aircraft, significantly reduces the risk to crew, 

passengers, property, and the general public due its small size, limited range, and FR 

outlined above. 

In the event that the FAA requires AALLC to obtain an Experimental Airworthiness 

Certificate or traditional Airworthiness Certificate in order to receive an exemption from 

Section 333, AALLC requests an opportunity to pursue such a certification. 

14 CFR 91.203 I Civil Aircraft; Certifications Required 

Section 14 CFR 91.203 requires that aircraft carry on board the aircraft's Airworthiness 

Certificate. The subsection (b) further states that the Airworthiness Certificate should be 

"displayed at the cabin or cockpit entrance so that it is legible to passengers or crew". 

The AALLC OCTO has requested an exemption in the previous section (14 CFR 21 I 

Airworthiness Certificates). In the event that the FAA required AALLC to obtain an 

experimental Airworthiness Certificate, AALLC would pursue such a certification and 

AALLC Section 333 Exemption Request 

October 16, 2014 

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keep the relevant information on the ground with the PIC and VO at their designated 

ground station. 

Subsection (b) does not apply to the AALLC OCTO, as it does not carry passengers or 

crew, or have a "cockpit" entrance. AALLC proposes mounting the AALLC 

identification information (mailing address, phone number, COA ID Number, or any 

other information deemed relevant to the FAA) and the UAS identification information 

(UAS unique number issued by AALLC, and Airworthiness Certificate information if 

required) on a visible exterior surface of the AALLC OCTO. 

14 CFR 45.23 1 Display of marks; general. 

Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display 

the registration number on the side of the aircraft, and at various positions "near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high". 

AALLC's OCTO does not have a cabin, cockpit, passengers or crew, and as such has no 

means of mounting it to these structures. AALLC proposes that it keeps identification 

information and an AALLC OCTO manual with the PIC and VO at the ground station. 

AALLC also proposes that in place of the markings required by 14 CFR 45.23, it keeps 

registration information and the AALLC mailing address; email address, and phone 

number permanently affixed to a visible exterior surface of the AALLC OCTO. 

14 CFR 45.291 Size of marks. 

Subsections (a) and (b) of 14 CFR 45.29 provide for the size and dimensions of the 

markings noted in 14 CFR 45.23. Subsection (b) section (iii) states that "Marks at least 3 

inches high may be displayed on an aircraft for which the FAA has issued an 

experimental certificate under§ 21.191 (d),§ 21.191 (g), or§ 21.191 (i) of this chapter to 

operate as an exhibition aircraft, an amateur-built aircraft, or a light-sport aircraft when 

the maximum cruising speed of the aircraft does not exceed 180 knots CAS". 

AALLC proposes that the mounted identification information listed in the previous two 

sections will be sufficient for identification for the AALLC OCTO. As the OCTO is only 

7.0 pounds and does not have the space on board to post 3 inch letters, we propose that 

AALLC keeps registration information and the AALLC identification information 

(mailing address, email address, phone number, or any other information the FAA deems 

relevant for identification purposes) permanently affixed to a visible exterior surface of 

the AALLC OCTO and with the PIC and VO on the ground. 

14 CFR 91.91 Civil aircraft flight manual, marking, and placard requirements. 

Section 14 CFR 91.9 requires those operating an aircraft to keep a Flight Manual on 

board the aircraft during operation. 

AALLC Section 333 Exemption Request 

October 16, 2014 

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AALLC requests an exemption from this section as the AALLC OCTO does not carry 

passengers or crew and would not benefit from keeping a Flight Manual on board the 

aircraft during operation. AALLC will keep a Flight Manual with the PIC and VO at the 

ground station. 

14 CFR 61.113 1 Private pilot privileges and limitations: Pilot in command and 14 

CFR 61.133 I Commercial pilot privileges and limitations. 

14 CFR 61.113 stipulates, ''No person who holds a private pilot certificate may act PIC 

that is carrying passengers or property for compensation or hire". Subsection (b) of this 

part stipulates that the PIC may conduct flight 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." 

As AALLC requests that the AALLC OCTO be operated with only ground school and a 

passing score on the FAA Written Examination, AALLC requests that the AALLC 

OCTO be allowed to operate for compensation or hire to complete market research for 

use for agricultural survey, pipeline survey, oil rig survey, monitoring damage or 

movement of environmentally sensitive materials in the event of an environmental 

disaster, property survey, film production, and aerial photography. Considering that the 

AALLC OCTO does not carry passengers or property, and there is no equivalent flight 

certification for UAS PICs and VOs, AALLC requests that the PIC and VO be required 

to complete only an FAA approved ground school program and pass the FAA Written 

Examination. 

14 CFR 91.1091 Flight instruction; Simulated instrument flight and certain flight 

tests. 

14 CFR 91.109 stipulates, "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." 

AALLC requests an exemption from this part, as the AALLC OCTO uses on board 

software and a small RC transmitter for flight operation, which can accommodate 

"Instructor" override with the correct RC transmitter. We feel that this override, along 

with training within VLOS for the PIC, VO, student, and instructor, is sufficient for the 

operation of AALLC OCTO UAS. 

14 CFR 91.1191 Minimum safe altitudes: General. 

14 CFR 91.119 requires that the PIC operate at " ... an altitude of500 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." 

Following current FAA guidelines, the AALLC OCTO operates below 400 feet and 

within VLOS. Considering that we intend to operate within VLOS and below 400 feet, 

AALLC Section 333 Exemption Request 

October 16,2014 

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the AALLC OCTO cannot comply with this request. AALLC will operate within all 

guidelines and proposed operation procedures outlined above. In addition, AALLC will 

fly only over private property with written permission from the property owner for flight, 

image capture, image storage, and image transfer (in accordance with Texas House Bill 

912, published September 2013). 

14 CFR 91.121 I Altimeter settings. 

14 CFR 91.121 stipulates that the PIC "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 - (i) The current reported altimeter setting of a station along the 

route and within 100 nautical miles of the aircraft." 

The AALLC OCTO maintains an altitude using the barometric altitude reading and the 

GPS reading for altitude on board, transmitted through the 915 MHz telemetry dongle to 

tablet, Android device, or PC. Considering that the AALLC uses primarily a barometric 

altitude reading, and the AALLC OCTO will only be in flight for around 20-30 minutes, 

even drastic changes in barometric pressure will not affect the altitude reading. 

14 CFR 91.1511 Fuel requirements for flight in VFR conditions. 

14 CFR 91.151 requires that the PIC may not begin a flight under VFR "unless 

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

point of intended landing ... " 

The AALLC OCTO does not use liquid fuel, but instead uses a lithium polymer battery 

that utilizes electric energy instead of fuel. Considering this clarification, and the fact that 

the AALLC OCTO cannot fly more than 0.5 NM from its launch point, AALLC requests 

an exemption from 14 CFR 91.151. 

14 CFR Subpart E (91.401- 91.417) I General Operating and Flight Rules 

Subsections 91.405 and 91.407 of 14 CFR Subpart E require that routine and regularly 

scheduled maintenance be performed upon the aircraft before flight. Furthermore, Section 

91.407 Part (1) stipulates that no person may operate an aircraft unless "It has been 

approved for return to service by a person authorized under §43.7 of this chapter". 

AALLC requests exemption from these points, and proposes that the PIC and VO be 

allowed to perform maintenance reviews and inspections once a month, and pre-flight 

checks before every flight. The 'Monthly Maintenance Inspection Checklist' and 'PreFlight Checklist' are both attached to this petition. The PIC and VO will be able to repair 

broken arms, replace broken or worn propellers, and calibrate using the flight software. 

Further diagnosis or maintenance that requires tools not available to the PIC or VO in the 

field will be performed by AALLC. 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l). 

AALLC Section 333 Exemption Request 

October 16, 2014 

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Policy 8900.227 Paragraphs 16(c)(4) and 16(e)(l) stipulate that the PIC and VO must 

have valid medical evaluations, classified as FAA second-class medical certificates, in 

order to perform as the Pilot In Command or the Visual Observer. 

Considering that the PIC and VO will both be on the ground, and that the AALLC OCTO 

cannot travel further that 0.5 NM, AALLC proposes that the PIC and VO only be 

required to have 20/20 vision or corrective lenses or contacts. 

AALLC Section 333 Exemption Request 

October 16, 2014 

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