To:

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

From:

Aerial Imagery Services (AIS)

Attn: Rylan Miller 

30 Cypress Creek Dr. 

Murrells Inlet, S.C. 29576

(224) 730-1839

Rylanmiller777@gmail.com

Re: Request for Exemption under section 333 of the FAA Reform Act

Regarding the Unmanned Aircraft System

The UAS currently being used is DJI S1000+, SJI S1000, DJI S900, DJI S800, DJI

Phantom 3. All UAS being utilized weigh less than 55 Lbs. 

Since the UAS weighs less than 55lbs and carries no fuel the damages that can be caused 

due to unforeseen circumstances are mitigated. In comparison to manned aviation where 

aircraft can weigh in excess of 1,000 lbs and carry highly combustible fuel such as 100LL 

the unmanned aircraft systems being proposed by AIS are a fraction of the danger and 

provide the same results. 

The aircraft flown by AIS will undergo a preflight inspection prior to each flight in 

accordance with the operator’s manual set forth by the manufacturer. In addition, AIS 

will comply with any other operational guidelines required by the FAA. 

AIS will implement a strict maintenance program that will ensure safe aircraft operations. 

AIS will do this by incorporating the aircraft’s operating manual as well as any guidance 

and direction given by the FAA. 

Operating frequencies are 2.40 – 2.483 ghz for the aircraft’s remote control

Regarding the Unmanned Aircraft PIC

Aircraft PIC:

All UAS PIC’s employed by AIS will be licensed pilots with a current FAA medical. In 

addition, PIC’s will undergo training on the UAS platform they are operating.

AIS will implement a written examination to test our pilot’s fundamental knowledge of 

the platform they are flying. 
Visual Observer:

Visual Observers will be trained on the fundamentals of flight and public safety. AIS 

will train visual observers how to operate the company’s Remotely Piloted Aircrafts 

(RPA) so that they will have a fundamental knowledge of the aircraft and its flight 

characteristics. Furthermore, observers will be tested periodically to ensure their safety 

and RPA knowledge is up to company standards. 

Regarding the Operation of the Unmanned Aircraft

Since the UAS weighs less than 55lbs the potential for bodily harm or property damage is 

mitigated. All crew members involved in an operation will perform an inspection and 

preflight of the RPA prior to the flight. The RPA will not exceed a max speed of 87 

knots. The UAS will not operate above 400’ AGL. The UAS will operate within Visual 

Line of Site (VLOS) of the PIC at all times. The Minimum crew for each operation will 

consist of the UAS Pilot and the Visual Observer.

If the UAS loses communications or loses its GPS signal, the UAS will have

the capability to return to a pre-determined location and land. 

Operations that AIS will take part in are aerial photography, aerial videography, and 

aerial data collection.

Regarding the Exemptions

Aerial Imagery Services seeks an exemption from the following rules:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a)

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

14 C.F.R. 91.109 

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417) 

Exemptions

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

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

and limited operating area associated with the aircraft to be utilized by the Petitioner, an

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under
Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and

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

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

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an

analysis of these criteria demonstrates that the UAS operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed will be at least as

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit,

or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited,"

"restricted," "light-sport," "experimental," or "provisional," as applicable.

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 UAV, two-inch lettering will be impossible.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of

safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s

license rather than a commercial pilot’s license to operate this small UAS. 

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

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 an equivalent level of safety will be provided by the PIC prior to

each flight.

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

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 UAS, 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.

14 C.F.R. § 91.103: Preflight action
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:

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.

Remotely piloted aircraft, by their design do not have fully functional dual controls.

14 C.F.R. §91.119: Minimum safe altitudes

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 UAS 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. It will however be operated in a safe and

predetermined area.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well

as the location where it is operated. No flight will be taken without the permission of the property

owner or local officials. 

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

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 UAS provides approximately 40 minutes of powered flight. To meet

the 30 minute reserve requirement in 14 CFR §91.151, UAS 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. Limiting UAS flights to 10 minutes 

would greatly reduce the utility of the purpose of the exemption

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(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. . . .
(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed

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

The UAS fully loaded weighs less than 55 lbs and is operated remotely. As

such, it is impossible to carry certification and registration documents or to display

them on the aircraft.

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

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.

Since these sections and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to the Aerial Imagery Services. Maintenance will be accomplished 

by the operator in accordance with the flight manual and operating handbook. 

Conclusion 

I believe that allowing Aerial Imagery Services to operate in the National airspace under the 

restrictions granted following the 333 exemption will prove beneficial to the safety of others. 

Since Aerial Imagery Services operates UAV’s with a reduced payload and are lightweight, the 

exposure to risk is greatly reduced.

Additionally, with the implementation of our business in the local economy we hope to stimulate 

a niche in the Imagery and data collection industry by providing competitive jobs to pilots, 

observers and many others. 

Sincerely,

Rylan Miller